The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-01-30
FIFTH EDITION.
BEFORE THE JURY
Attorney Cooper Opens For the Plnip.
tia. Tho Charge of the Court to be
Given Thursday Morning.

Attorney Cooper Opens For the Pinip.
tia. Tho Charge Of the Court to be
Given Thursday MornIns.
After the opening OF the Superior
Court this morning. John BigRs read
the law bearing on the defendant's aida
OF the case. He said that II the Jury
should believe the defendants cars
were running at q rapid rate OF speed,
the plaintiff would BIO debnrred from
any damage II he would drive In the
presence OF such cars, knowing his
horse to be tlmld.
As the plaintiff had been cautioned
to drive up Clayton street when Ills
horse became frightened ut the car, ha
was guilty OF contrlbutory negligence
anu could not recover damages from
the defendant Company.
At II O'Clock Mr.. Cooper opened the
argument to the jury for the plaintiff
He said they each had solemn duty
to perform and .they should treat 10
with fairness to this plaintiff. Tho case
Is one OF more than ordinary impor.
lance. There is more pending on it
than the present case. The public
| must be recognized. They have crowd.
ed the court room because there Inter.
est Is at stake.
We must prevent them from being
run down by these cars which arb
operated by tho gre ntest power OF the
age. There 10 terrible negligence soma
place and on whose shoulders must 10
be pleced2 Whether his horse was
broken or not that thoroughfare II
public and he had right to travel
that way. Surprising the horse had
been acting badlyit was the duty OF
that motormen to stop his car and II
nc does not no is guilty OF contrlpu-
tory negligence.
The motorman swore that he saw
the horseman ahead of him and ae
such distance that he could have
slac6on0d the speed OF tho car, but he
did not. Frank O'Iirlen had sworn
that ono-tblrd OF the horses In the city
shy at tho cars and on every occasion
lie had sleckened his car to prevent an
accident. Why shouldn't that motor
man on that particular trip slackon
the speed OF that car?
Ito says lie dill, but further said that
he again lei 1t run at tho ratio of seven
miles an hour, aud IL was then that
the collision occurred. Such evidence
as those Six motormen being In front
OF the sheds on that busy day won't
go. Mrs. Quinn was standing there,
but did she see that horse frighten
while going under the bridge? No.
She saw tho hOr6o first frlghten when
the cur was within 100 yards OF the
horse. That's tho testimony we have,
and we want no better.
lie dwclt on the brakes OF tho car
and the bunting attached to 1t. Gen.
tlemon. think how absurd that sand
on dry track would not stop NOV.
Ing car. DO you believe 1t? No, not
man in your presence. Then
they try to got out OF tho hole by re.
verslng the current. Why didn't they
call their superlntendent when his
testimony could have been used as an
expert
No. they introduced these mule
Drivers ana Insurance agents to testify
that SAINT would have no effect on d
dry rail-, about the car stopping al
Rodney street. Can they make you
believe that n woman allghted from
that car anu Oh that trip whom they
do not put her on that stand
any 10 YOU they would undoubted-
~ have placed her OH stand II that car
had stopped and II she had gotten of
OF 1t Our witnesses positively say that
the car did not stop. Who Will you
believe!
MRS MAXWELL. WEE 9
That young man was taken away
without a prayer or without a fond
Eood-hye to parents, brother aud sis.
ters. What Is the the amount OF dam.
ages Tor such a DEATH ] say we aslr
bu llttlo when We clalm $4,000. That
young lie was sacred In the sight Of
God, but why hs was taken from his
parents. only God Knows. Mr.. Coop.
eEs pathetic remarks oausad Mrs.
Maxwell and her daughters and son to
weep.
The address WIS m excellent one
ana he closed at u O'Clock.