Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-01-25

Mr.. Bird said that Maxwell had
right on the thoroughfare. Did Maxwell
know that his horse was going to
become frighteuedp 1t had gotten 111i
feet from Clayton street before 1t
showed fright. The objection was over
ruled.
Mr.. Bradford asked the witness
whether or not he did not caution Max
we'll not to ride the horse on the day Of
the parade. The reply was in the mega.
tive. He denied that he had asked Max
well to get out of the way Of the car or
to turn in Clayton street.
The witness denied that he had said
to the jury that mo man on earth could
have done more to stay the car than
Motorman Joseph Allison" The wit
ness denied making this statement, but
admitted that he had said that mo man
could have stopped the car when it was
% or 20 feet from the scene OF accident"
The witness on redirect examination
said that Detective Vandegrift had told
| him that he wanted to exonerate Motor
man Allison for the accident
| Miss Retta Burnite was the next wit
ness. She testified that she saw the
accident which resulted in Maxwells
| death. Witness said she first saw Max
we'll on horseback at Clayton street.
The horse got frightened opposite the
house nearest to Clayton street. The horse
reared up on his hind feet. The witness
was passing up Delaware avenue and
saw the car coming down the thorough
| fare. The car was coming fast over
Rodney street and did not begin to
slacken until it had almost reached
Maxwells horse.
The witness was cross-exanined by
Mr.. Biggs. She testified that there
were flags and bunting on the car, but
| the witness was too frightened to OBJ
serve whether or not the bunting was
Topping like two wings, as stated by
former witness.
John l.. Vansant was the next witness
called to the stand. He met Robert
Maxwell on Columbus Day between
Lincoln and Scott streets on Delaware
avenue. Vansant, together with Nipple
and Maxwell, rode along Delaware
avenue. The horsemen passed some
electric cars standing still and under
the railroad, but the horse did not show
any signs of fright. Maxwell was riding
between the tracks when he saw the Car
coming, and he crossed to the north side.
Then the animal began to rear and
i plunge until he was struck by the car.
The witness was cross examined by
Mr.. Bradford,
The Maxwell damage case was re-
sumed in court, on Tuesday morning,
and MIR. Bradford began the cross
examination OF j. L. Vansant, the wit
ness last called by the plaintiff. The
witness was asked whether or not he
had said to Charles G. Blandy, treasurer
of the railway company, on the day OF
the accident, that the corporation was
not to blame for the accident and the
motorman was not at fault. He said be
had not.
Mr.. Bradford asked the witness If he
did not have a conversation with Max,
we'll, the deceased, on the morning oi
the accident, during which Maxwell
.. had said that If the horse SHE'D 1T would
shy to the left.
"Do your honors think 1t competent
to put the statement of the deceased in
eyidence?o
The court decided to allow the evi
dence.
The witness admitted the statement
of Maxwell. He also said that Maxwell
!, had told him that he had tested hi:
,, horse behind fife and drum corps anc
! he behaved all right.
On redirect examination Mr.. BirC
!, said: "Mr. Vansant, in view that they
! have laid the grounds for contradiction
: and proposed to attack your character
! l will ask you whether or not your sol
: is not about to enter Mr.. Bradford
: office to read law"
= The witness replied that the proba
: bilities were that his son would entel
! Mr.. Bradford's office for that purpose
: although he had not done so yet.
Mr.. Bird-"I will ask you whethe
you were not the candidate orthe Legis
lature at the last election"
II was" the witness replied.
. son what ticket?" asked Mr.. Biggs
!. "On the Republican ticket, sir" wa
= the response.
e son. said Mr.. Biggs, good humoredly
. "No disgrace, take itg" remarke
Mr.. Bird.
= "None whatever" replied Mr.. Bigg'
8 "I only desired to know on what ticke
II he ran"
AZ take it that Mr. Bradford woul
Is not consider it any disgrace" was th
10 last thrust of Mr.. Bird.
Is "I'm not saying word" remarke
& Mr.. Bradford, smiling complascently.
8. The redirect examination was the
+, resumed. The witness left the stand {
e. II O'clock, the cross-examinationh havin
at consumed one hour.
K Tueisig Ratti, was the next witnes
m He is employed in making Belgia
blocks by the Brandywine Granite Con
re- pany. He was on the car Columbl
G. Day, 1899, having boarded it at Fift
w and Market streets. He was standir
10 on the rear platform near the step c
n, the north side. When the car began
se descend the hill over Rodney street
er saw Maxwell riding his horse up Del
Ie. ware avenue. When opposite the hou
er nearest to Clayton street the horse bega
ar to rear up and plunge. The car w
of running faster, the witness said, thi
or the witness ever came down that hi
r.. The horse reeled around and the
ug plunged forward and was struck by u
et' car. The witness noticed no slackenil
nd up of the car until 1t struck the hors
he The conclusion broke the glasses in t
I'd car. The car ran so or go feet after
le struck the horse and rider. He rhoug
,e. il was running at the rate of 20 miles
We hour.
he in reply to Mr.. Birds questions Il
witness said he had no interest in t
of suit and had tried to avoid coming in
en- court. He said that Harvey Wand
TO- gritt had been after him several times
TX regard to, the case.
On cross-examination the witne
said the substance of the conversatio
W. between himself and Vandegrift W
nta ny