The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-01-25
FOURTH EDITION
This II the Trouble the PialntIN fin,
with the Defendants witnesses.

i WV w pho tht, vi DIDuh HBE meek.
Nipple also said he told Maxwell Ia
drive 10 Clayton street.
Nipple further stated that the motor.
man did everything In his favor TO
stop the cur.
On cross-examination, the Witness
could not say positively that yansaut
had told Maxwell to core over on His
SIDE, and had not given testimony to
that effect before the jury. He had
served on dozen jurles and coroner
SPARKS had summoned him on this
partioula case. The Maxwell family
was not represented. He did not re-
coming down tho hill ratidly. Mr,
Bird asked him why he could not re.
member that as we'll as the fact OF
Nansant telling Maxwell to come
over OH his side, but he gave no an
Bwer. -"
Mr. Vandegrift called at his house
ana asked him to to tlfy. but he sn i'd
nothing about the case. When MIR,
STAFFORD examined him he did not see
any type.wlitten matter IN his pc sses.
sion. MIR. bradford asked him what
he Knew and he told him. His teati-
mony given was all he remem bered
OF tho ono hours examination male
OF Mr Vansant at the Uoroner's in
| quest.
| William II. Quinn was foreman of
tho Jury. He did not positively re-.
collect Fansant tostifying to keep on
| the side he was. liippIe did say that
the motorman did everything In his
| power to prevent the accident.
william Condor. another member Of
the cor oner's jury testified that he
heard testimony to the effect that
Maxwell had been told to keep of the
| north side nf TIM n I,,t -
not say whether it was made by Hipple
| or Nansant. He did not remem Der
| hansant testifylnR that he waited for
Hlpple and Nansant at Scott street
One OF the men did say that tho mo i.
torman did everything possible TO
prevent the accident, but he could not
say II was Vansnnt. In fact the only
testimony he could remember was
that some one had said that Maxwell
was told to keep away from tho car.
Mr.. Bird asked him why that was the
ohly thing no could remember. did
your mind stop working theny
u suppose II did. | might have re.
membered il I'd thought between that
time and now
At this point Mr. Bradford inter-
rupted: Your honors, don't YOU
think this has gone far enough%' said
he THE witness has said he did not
recollect the facts, and why shouldn't
that be sui1clsntt'
The court ruled that Mr.. Bird had
the right to examine tho witness and
Inc examination continued. lie did
not remember the testimony of the
motorman doing everything possible
to stop the car. At this point Mr..
Bird sud he would 20 no further,
On redirect cross examination he
said lie distinctly recollected Maxwell
having been warned to keep away
from the car.
Captain Charles Smith, ex.superin.
tendent OF the company, was called.
Tie knew George W. Pierce and ON the
DAY OF the accident did not hear him
say that the cars ran down the hill too
last. IIe witness did not say to him
that the accident cUuld,not be ave":ed,
MS tho brakes were out of order. On
cfoss'exHmination MIR. Smith said he
had been asked to testify III the casa
by MIR. Bradford. The COMPANY mad
not offered him a position to do 80.
He returned from Scranton Nov. i,
1893. and has been in this city since.
Geo. N. BroGdbent Is ear inspector
In the employ of the company, and
was so employed tho day OF the aoc.
Hoht. u was his duty to Inspect
every department OF the car outsids
OF the motive power. lie had inspect.
ed that car about two hours before
me accident and found the brakes in
perfect order, About an hour after
Tie accident he again examined the
car and found nothing ont OF order.
He did not think sand on a dry ran
would stop a car any sooner than
without H. IL rail were wet sand
would stop car sooner.
Oh cross examination the wltpess
thnnDnI "a fat
would stop the car sooner il the re-.
yerse current was applied lie did not
inspect the car before 1t made that trip.
Alr. Bird asked the witness what busi.
ness no followed before going with
tho company and he replied MS an
insurance agent.
Going around getting life pollccs2'
Yes SIR
Mr. Bird swung his hand over his
head aud exclaimed 'oh N.Y. which
CAUSED a ripple OF laughter.
Waiter 4. Craig had Inspected car
No. III only few hours before the aG.
eldent. He thought the application
oil sand on dry track would not
slop IL any sooner than without II.
On cfOss-oNamlnatlOn witness said
That not being q motnrman he never
had the experience, but thought sand
would step the car sooner II tho rail
was perfectly dry. bIr Bird asked
whether that was not because sand
was never applied to dry rail, and ne
replied possibly so.n
James Taylor IL blacksmith I'm tho
employer the company. lie examined
car No II the next morning ami found
u IN iirst GLASS order. On cross exam
lnhtlon Tho witness said he could not
say TINT the car run again that day.
lie could not say that the car did not
run tho following day.
m9chlnlst was employed by the
company hut he was not at he shop
on that day.
William Z. Gibson is foreman OF tho
motive power OF thu company. The
electric apparatus of each car is ex-
amihed daily and he believed car No.
81 was examined the day before. lie
could not say thai he was the first man
to examine the car after the accident
he did about an hour Later, aud
found the apparatus in lilo best OF
order.
William Mann Ia the assistant fore.
man OF the electrical department of
the comp and Mt s o'clock that
morning had examined the car. He
examined the car after the accident |
and found tho machinery in perfect
order. The application OF sand would I
10 useless on dry rail, Fl but sand
would not lie dctriment If tie re- |
verse current was applied on dry T
mil.
William X. johnson sufd the aver. F
age eur was - feet With the bumper +
anil draw head the length Il % feet. I
. Inches. Ho had not measured car No, T
Al 50 tho testimony was ruled out.
Lesley L. Dayett WAS formerly in the f
employ OF the company as motor I
man. lie could stop n car going down T
the hill al tho rate OF seven miles an |
hour, aud on II good rail in twenty |
live or thirty feet. At the rate OF eight |
miles an hour lie could stop q chr in /
about thirty.liye feet. On cross.ex, |
animation Mr.. Bird asked tho w.tnoss
II he ever run the car No. Al when he
could not stop It,
MI. Biggs objected. IL the car was
down the grade at the rate of
lltteen iniios an hour, with good rails
ana the brakes In good order, he could
not say how soon lie could stop IT, be.
cause ho never operated a car that
last, II life was endangered he did
not think car could be- stopped any
sooner than II it was stopped at the
notica OF the conductor.
Joseph Allison was the motorman IN
charge Of car No. Al, the day and trip
tho accident occurred. which was
about six minutes after II CLOCK.
me ear was crowded. He stopped
the car to allow passenger to light