Evening journal., 1894-01-27
MAXWELL'S MARE STILL
Defense in the Celebrated Dam
age Case Struggles
TO PROVE SHE WAS VERY FIERY

Their Conversations with City Railway
Representatives.
Robert Msxwell's sorrel mare has been
more talked about and written about in
Delaware than Maud S Nancy Hanks,
Sunol, Mascot, Lamplighter, Tammany
or any other flyer of the turf. The pedi-
gree of Maxwell's mare is not to be
found in the register. Messrs Bird,
Cooper and Sanborp, who represent Max
wells administrator in his suit for
$4,000 against the Wilmington City
Railway Company, are trying to induce
the jury to believe that she was sired by
Innocence land damned by Tractability
Messrs Bradford and Biggs, who are de-
Tending the company Ia the legal race for
$4,000 purse, assert that she was
sired by Excessive Nervousness anu
damned by High-Strupg Disposition. At
the present time they seem TO be as far
off as ever. II is wonderful how much
affirmative and negative testimony has
been put in by the lawyers.
The conduct of the horse which Max.
we'll was riding when he met his death
was almost the sole subject of inquiry
noon. Every seat was occupied and the
aisles were filed by persons who were
standing.
Car Running Seven Miles an Hour.
Thomas L. Purnell testified that he
saw car No. Al at Broome street, on
Columbus Day. He was opposite Joseph
Swift's house between Brocme and Rod
neg streets. He was going towards the
B. & o. station. The car seemed TO be
moving of from Rodney street, as
though it had made a halt there, but
whether it stopped he could not say.
He heard the bell ring. He turned of
down Rodney street toward the Brandy
wine. and had only got thirty or forty
feet away from the avenue when the
accident happened The car could not
have been moving faster than seven
miles an hour.
Slap at the Avenue People.
Mr.. Bird-"Does a car ever cross q
street without ringing a gong"
"I es, sir.
"Have you ever been motorman?'
mo, and don't want to. "
what is thatringing Of the bell forl''
"To give warning"
How often have you lived up to tnsi
habit2"
Ninety times out of hundred.
Ibid you recognize the motormani'
eyes, sir. "
''Did you wave your hand to him?'
LAS he passed me l waved my hsnC
that way"
"rhe car would have stopped at the
west side of Broome street going out
wouldn't 1t, and coming in town it woul'
have stopped on the east side to let pas
sengers ofiY
yes, sir, believe It would"
Mr.. Biggs-"The cars stop anywhere
on the avenue"
Mr.. Blrd-"Yes, I suppose high toned
people live out there. We Market street
people have to get off at the corner
Laughter.
Mr.. Bird bowed to the chief justice
who lives on Delaware avenue
Witness-"I heard a commotion wheI
the car struck the horse. / turned anC
looked. was walking three! and one
half miles an hour"
How could you fix the speed of the
car at seven miles an hour by th0t?'
because the car moved about twici
the distance ! did ! said to someone
it could not have been the motorman'
fault, as be was not going fast"
'Were you not anxious to exonerat
him?"
1T didn't make any difference to me
Allison nor the company is nothing Il
me"
Leonard Mayne of Brandywine hun
dred, said he knew Maxwell well and hai
ridden with him on horseback. h
knew the sorrel colt. Two or thre
weeks before he was riding with Max
well between Rodney and Broom
streets coming in town. They met a
electric car. Witness asked Msxwell
his colt was afraid of the cars. He said
"Oh, don't know. Watch her" Tn
colt was shying towards the curb whe
the car was one half square away. Whe
the car got nearer she was afraid an
went over towards side of the street
Maxwell struck her with his spur an
she jumped towards the car H
snatched her back
al had . conversation with him at tn
B. & o. station about week before tn
accident He asked me IL l was goin
to ride in the parade. / said l was nc
and asked him IL he was. He said h
was. / asked him If he was going I
tide the mare. He said that he was
said, she is rather frightish to ride /
the parade He said, oh, l don't know
My mother don't want me to ride th
mare as she was scary. but she belong
to me and am going to ride her.
Mr.. Bird-"When you rode in th
avenue with him was the sun shining {
was the moon up2"
1 Il can't say. know it wasn't nigh
Ii was on Sunday"
"You say he had a spur ong'
"Yes, sir "
"What kind OF spur2"
II don't know"
"Did she Jump into the carr"
"No, she jumped towards the car al
| he checked her
Mr.. Bradford, in the redirect examine
tion, asked a question which, in NJ
/ Birds opinion, made young Mayne an e.
/ pert. The defense objected, saying tn
the jurors we're fully as capable Of judl
| ing AS the boy on the stand.
Mr. Bradford asked him as fac
as to whether that colt was broken or u
broken"
Mr.. Bird-"That jury knows as We
as the expert whether the colt W
broken or not All of the jurors ov