Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-02-01

saw maAMeh On tne maEe, DuG ne
swore that he had a conversa-
ton with Maxwell two days previous
to the parode, during which Maxwell
said he was going to ride colt on
Columbus Day. He said he was trying to
get his horse used to the parade, and had
been advised by several people not to ride
the mare on that occasion. The witness
also advised Maxwell not to ride the colt,
but Maxwell said he would either ride the
colt or kill it.
On cross.oxamination by Mr.. Bird, the
witness denied that he had been several
weeks hunting up testimony for the rail
way company. He stated that he had an
interview with Maxwell two days previous
to the accident at the Odd Fellows Hall iu
the Highlands. He could not recollect VINO
presided at the meeting of the lodge on
that occasion.
The witness denied that he had gone to
Mr.. Chambers and l.. II. Johnson, Jr., and
asked them to testify as they did at the trial.
George Il. Camperson knew Robert
Maxwell and had seen him ride his colt the
day he was killed. The mare was restless
and misbehaving. The witness had a con-
versation with Maxwell II asked him,
Bob, are you going to ride the mare in
the parade? Maxwell replied that he was
going to ride the mare, That is the kind
of horse | like to ride Maxwell said"
he knew Robert s. Maxwell, He saw him
about $50 o'clock on Columbus Day. Max
well came to the stable where the witness
was working and asked for a saddle. Max
we'll rode the horse bareback. He went
away and returned and asked for the mar
tingale. which was given him by the wit
ness. Maxwell then put the curbhreins and
the bride reins through the martingale.
Mr.. Biggs asked the witness certain
questions going to show that he was an
expert on brides and their usuage.
MIR. Bird objected to the witness testify
ing as an expert.
While Mf. Bird wac arguing the point
disturbance was noticed in the rear of the
court room, and Immediately several tip
slaves were at the scene of the disturbance.
Bailiff Raney discovered that the cause of
the trouble was spectator who had fallen
asleep. He awoke with start and became
noisy. Raney seized the boisterous spec
tator and carried him to the top of the
stairway outside, where he was turned
over to a companion. While the man was
being elected he loudly proclaimed his
loyalty to Mr. Bird, adding: "I'm Mr..
Birds friend. I'd go to - for Bird"
The court allowed the expert evidence
The next witness was William I. Ira.
verse, a motorman for the Wilmington
City Railway Company. He saw the
three horsemen on the day of the accident
in front of the car sheds at the middle
depot. They passed under the bridge at
Delaware avenue. The witness saw the
horse frighten at a passing electric car.
The witness testified that he could stop
car running al the rate of seven miles an
hour i'll from 25 to 80 feet.
ir. Bird cross-examined the witness.
He said that in case of an emergency he
could stop car within distance of 20
feet.
Frank 0'Brien and Lewis S. Marshall
were called and examined as to the charac-
ter of the mare and the circumstances
leading up to the accident.
Court adjourned at 2.05 o'clock until 10
o'clock Monday morning.
All the judges were on the bench when
Crier Smith opened court at 10 o'clock
Monday morning, but owing to the
absence of several members of the jury,
whose train was delayed, the case was
not resumed until 10.45 o'clock. Tho
defence called Bridget Doughelty to the
stand. She was on car No. Al, the day
of the accident. The witness was under
the impression that. the car either
stopped at Rodney street on the west
bound trip or at Clayton street, the
scene of the accident. The car was run
ming at moderate rate of speed.
The witness was cross-examined by
Mr.. Cooper, who asked her if she did
not tell him in the presence Of Mr..
Wylie, that the car stopped at either
Broome or Rodney streets. She did
not recollect the conversation.
William I. Hallick was passenger
on car No. Al. He was sitting in the
front of the car on the southerly side.
He said the car stopped at Rodney street.
lie saw the horsemen from his position
In the car. They were between the mid
die depot and Clayton street when he
first saw them. He saw Maxwell cross
over at Clayton street. The mare was
misbehaving and prancing along.
On cross-examination the witness said
he did not know Maxwell, Vansant or
Nipple, or the color of the horses they
rode. He thought it was either sorrel
OF bay horse that was struck by the
car. The horsemen were coming up the
avenue abreast. He saw the horseman
he took to be Maxwell cross over below
Clayton street.
The witness was glad to be relieved
of the sharp cross-examination of Mr..
Bird, anG he left the stand in hurry
when the examination closed.
Cyrus Croft is an employe of the
Wilmington City Railway Company.
He testified that he went to the scene of
the accident October 21st, 1892, and
covered with sand the pool of blood
which had oozed from Maxwell's head.
The blood was nearer to the trees than
the fire.plug. The mark caused by the
dragging of the body covered distance
Of 20 feet.
Under cross.fire by Mr.. Bird the wit
ness said the object in putting sand on
the blood was to conceal it from the
public eye. He covered the blood over
within tive minutes after the body was
taken away, at the direction of Super
intendent Smith. #0.
Mr.. Bird interposed no objection to
the defence offering in evidence all
ordinances as to the right of the Will
mington City Railway Company to use
electricity. This was done by Mr.. Bird
to save the time of the court and Jury.
Charles L. Pyle was recalled and tes-
titled that il was he who decorated car
No. Al the day of the accident. The
bunting was securely fastened on the
sides of the car and could not flap or
stand out Ihe witness said he exam
amed the bunting after the accident and
found it securely fastened.
Thomas NJ. Purnell, swore that the
decorations were not Tapping when the
car passed him.
Engineer Comfy testified that the
length of the courtroom from wall to
wall was 72 feet inches. This testi-
mony was adduced for the purpose of
contradicting the evidence of Mr.. Van
SAINT