Evening journal., 1894-01-26


on the day Of the accident. stated that
there we're about thirty passengers In
the csr at the time Of the accident The
car stopped on the west side OF Rodney
street to let of passenger He did not
see the horseman The car slackened its
speed one-thlrd Of the way below Rodney
street. Before being slackened 10 was
running at the rate OF seven or eight
miles. He noticed the brakes being put
on tight and jar. That was before the
horse was struck. The car ran not over
a length and half after the animal was
struck.
Thirty Passengers Aboard.
On cross.examination Gy Mr.. Cooper
he said there we're thirty passengers on
the trip He did not know any Of them
A man may have gotten of at Rodney
street. He was positive that woman
got of.
Harry B O'Brien. conductor on the
Rising Sun line. testified that he knew
Maxwell and had seen him number OF
times riding his mare in the vicinity of
electric cars Not more than a. week be-
fore the accident he saw Maxwell on the
horse at Bancroft's lane. The car was
not more than thirty or forty yards from
the mare and she SCENE d to be very much
afraid The horse jumped up and tried
to get away from the car. The horse
was afraid There was nothing TO
frighten it but the electric car. Another
time he met the horse on Delaware
avenue and the horse acted In the same
way. He did not see the acci lent but he
was at the car before Max wells body
was taken out He saw the evidence OF
/ IN h,dv havfnu haan an fIa
track. To the best Of his Judgment the
marks extended along the track for
twenty i've or thirty feet.
Court adjourned until 10 o'clock this
morning.
President Lea and Manager Heger.
It was shortly after 10 o'clock when
the work Of the day began President
Lea and General Manager Heger, Of the
railway company, took their seats as the
names of the jurors were called.
conductor Harry B. O'Brien was, re-
called for the benefit Of the plaintiff He
said he was born in Parkersville, Chester
county, Pa. He bad seen Maxwell's
horse ridden four or FIVE times The
horse became frightened twice, to his
positive knowledge He saw II from his
car and on one occasion stopped
to let Maxwell pass The usual rate OF
| speed on the Rising Sun branch is seven
or eight miles. Il have come down at a
rate OF speed of ten to twelve miles
never came down in the car when IL
was running fifteen or twenty miles an
hour / have not worked.On q farm for
twelve or thirteen years. never broke
a colt or owned a horse, but my father
owned them
Horse Trade Brought Out.
William Johnson was called aud two
men responded, one of whom was on the
stand Yesterday The other, who lives
at Bancroft's Banks, and Is one OF the
mill superintendents. WAS selected tg
testify. He said:
81 have seen Maxwell riding about six
times, coming down the Rockford road
The horse acted like an unbroken colt
/ thought 10 was a colt, and that the
young man was breaking It, IL would
prance from one side Of the road 10 the
other, and he seemed to be goC d horse
man or he would not have been able Ia
manage it
Under cross examination he said he
was a carpenter by trade and has owned
five horses, one Of them four years old
He had never ridden il nor seen It ridden
lie failed to break It, It was worth
less.
Mr. Bird-"Dld you knl bimg"
"No traded him "
Mr. Bird-"Put worthless horse on
somebody also, chr
i got worthless one in place OF
him.
You put a worthless one of on some.
body else and got a worthless oneg"
He thought he was getting ths best
Of me, and thought I was getting the
best Of him"
Both trying to cheat each other, chr
(Laughter)
do you think your brother, who was
on the stand for the plaintiff, knew more
about horses than you dog'
Il think he told the truth.
Certainly you would be an unnatural
brother not to think so. p"
"Will you let me say something2"
Certainly; will let you do anything
GO ahead.
Il think the mistake made was in no
asking him whet Ter the trolley was un
der the overhead bridge when he saw thu
horse
"You should be associated with my
friends here and help them conduct th'
case, said Mr.. Bird. "Do you thinl
that any horse which was not deaf
dumb and blind would not frighten al
those fashesg That will do. F"
John T. Rogers, isnitor of publi
school No 10, said be saw Maxwell a
Seventeenth and Union streets on Colum
{ bus Day The horse was prancing ant
throwing it's head.
Mr. Bird-"You have seen other horse
| prance and shake their heads"
'Yes, lots of times"
Mr.. Bmd-"That Is all, Mr.. Rogers;
am much obliged to you for coming
! Laughter
just Before the Death.
Thomas j. Harrington. an employe q
the Wilmington City Railway Company
saw the three horsemen Just above th
p B & o overhead bridge The other tw
passed the car, but Maxwell had difficult
in getting his horse by. It tool
I him into the gutter, and turne
every way with him Il wa
3 within three minutes Of the death Of th
q vouuo man The al har hnrcnc xvora m ri rhI