Evening journal., 1894-01-24

JILL, w EDN ESDAY, j A
drick and Alexander Walker, testified to
conduct of the mare Maxwell owned and
rode. They said they had seen her lots
of times and she was never unruly.
Maxwell, they said, was good horse
man.
Benjamin F. Johnson said he knew
Maxwell for several years and had seen
Maxwell ride the mare by a moving
electric car at Delaware avenue and Du-
Pont street. As the car went under
the bridge there were twelve or
fifteen electric flashes and the
mare was only about fifty feet
away Srhe horse stopped and squat.
ted. Maxwell threw himself down on
the horses neck and patted her The
horse reared and Maxwell whirled her
around. Afterwards Maxwell rode by
two cars and the horse scarcely noticed
them.
MIR. Bradford's Horse squatted.
Mr.. Bird said be saw Mr. Bradford on a
horse one day when it squatted. He also
owned one that would squat.
The plaintiff offered in evidence of the
book of ordinances of Wilmington, to
show the provisions regulating the speed
Of steam cars and the regulations gov
erning the streets and highways Of the
city
Mr.. Bradford objected because he
thought It immaterial and irrelevant
He referred to Mr.. Birds statement to
the court in which he said there was no
ordinance regulating the speed OF the
cars.
A Question OF Speed.
Mr.. Bird said the company could not
run its cars at any speed it pleased, re.
/ gardless of consequences Steam rail
ways are restricted 20 six miles an hour
on its own paid right of way and with
safety gates and all other appliances of
public safety Vehicles of pleasure or bur.
den are restricted from an immoderate gait
A reasonable rate of speed is for the jury
to determine, and one of the ways for it
| to arrive at it is to consult the ordi-
nsnces. The City Council has fixed
nothing regulating the speed of the cars.
The ordinances should go before the jury
/ for what they are worth.
Mr.. Bradford said that Mr.. Birds in
| ferences regarding steam and electricity
were simply wild. There is nothing
| identical In the operation of steam
and an electric railway. A rate OF six
miles an hour for an electric railway
would ruin 1t. The ordinances do not
apply to the electric cars.
The court sustained the objection and
Mr.. Bird noted an exception.
johnson then went into Mr.. Brad
foId's hands under rigid cross-examina-
tion.
Robert Walker, William A. Wier, Miss
Leola Wright and Miss Daisy Porter tes
titled to Maxwells good horsemanshiI
and the gentleness OF the mare They
had seen her driven In the vicinity oi
electric cars aud she did not show al
unruly spirit.
William Hill, who was presiding office
Of the castle OF Knights Of the Colder
Eagle to which Maxwell belonged, testi
fed that he appointed Maxwell one o
the horsemen TO represent the castle be-
cause he knew him 20 be good horse
man, who owned good horse and wouC
be credit to the castle.
Samuel Mccormick never saw the mar
misbehave, and he knew her from tn
time she was two years old. Maxwell
was a good rider aud had been riding, I
the positive knowledge of the witness
for ten years He never saw the mare
. become frightened at aclr The testimon.
Of A. e. Wentz, Mrs Sarah Wright
Mrs Mary Lynch, William J Mearns
Thomas Long. john o'Donnell, was. Il
the main, to the same effect. Mrs
. Lynch had seen Maxwell and a chill
riding the mare with nothing but
halter on.
Mr. Bird asked O'Donnell Ibid Mr.
vandegrft try to convince you that tn
horse was very yiciousY'
O'Donnell-"No, but Mr. Murine did
aud Mr. Vsndegrift was with him in tn
carriage"
William Scott, who works on th
Fields estate, said that Maxwell worke
under him and, at the time of the acc
dent, made SO week. He was yer
old fashioned young man, steady in hi
habits, always on time and worked well
, His future seemed to be good and hi
, wages would probably have been ST.
day by this time.
At / o'clock court took al recess
3 , 80 o'clock.