Evening journal., 1894-01-31
BRADFORD AND BIRD.
Some Strong Speaking in the
Superior Court Room.
THERE WAS A CROWD OF HEARERS

quently Interrupted by Laughter.
Talked for Nearly Three Hours.
When the last day Of the Maxwell
damage case against the Wilmington
City Railway Company began this morn
ing, the Superior Court room was
thronged with people OF the 200 who
crowded inside the four walls, fully 100
were women and large numbers of
farmers were noticed.
The defense continued its last appeal
to the jury. through Mr. Bradford, as
soon as court convened. When Mr.
Bradford resumed his argument, he
recalled to the jury the testimony Of
John Lowther, who swore that the last
conversation he ever had with Maxwell
was when the unfortunate man said that
he was going to ride his colt in the
Columbus Day parade Witness argued
with him about the inadvisability of
riding that colt on such an occasion.
Maxwell replied that he would either
ride that colt or break it's neck.
Was Reckless Man.
"Now TO show you that he would have
ridden anywhere or broken the colts
/
as another witness puts it, would have
killed her or killed himself, we have the
evidence Of one of her own witnesses,
who swore that Maxwell once put ,
year old child on that colts back in
/ front of himself aud rode down a public
street, with no bit in the colts mouth,
and nothing on it except haltar. Is
that not criminal recklessness2 Wouldn't
a man who could do anything like that,
be guilty of anything g-nothing too awful
/ to break his mare into the electric cars.
Had Ample Warning.
''Now after he, the victim Of his own
recklessness. is no longer with us we
have suit for $4,000 damages against
the railway company. Now, gentlemen,
| submit 10 you that the evidence on our
side is coherent and positive. Have
shown you not what the colt didn't do
and wouldn't do, but what she would do
and did do.
"As faras'this car aud motorman is con
cerned, nothing can be mOre conclusive
/ Hsdn't this motormau, operating this
car when he saw this horse a square
away, with plenty Of time and room to
get out Of the way, hadn't he a right to
i 20 ahead on his schedule timer How
4
to hold his colt in that narrow place un-
til it became unmanagable and shied di-
rectly into the car.
Hadn't this man Maxwell ample
warning not TO ride his colt on that day
Why OF course he had. Three days be-
fore Columbus Day he had the first
warning. according TO the testimony
produced in that box Then he was
warned even up to minute of his death
when his associates cried TO him to
turn up Clayton street-but he never
needed the warning
Now gentlemen, we ask you, by your
verdict in this case to declare TO the
public that while railway companies
should be held accountable to an intelli-
gent degree, yet they should not be held
responsible for this and kindred other
accidents TO careless men. Gentlemen,
a careful consideration of evidence, not
argument, in this case will show you
that the plaintiffs in this case are not
entitled 20 cents damages.
Birds Speech Begun.
Mr. Bird began the closing argument
shortly before noon. A powerful speech
was expected and there was a stir in the
audience when the well-known attorney
/
several similar damage cases The
arrival of the noon hour did not
thin out the crowd materially and
when the court announced that
there would be one session only
lasting until o'clock to allow Mr.. BIRD
TO finish without interruption, scores oil
spectators decided to eat cold dinners,
rather than miss the powerful plea --fol
$4,000
la part, Mr. Bird said:
Knew Nothing Of Railways.
You have been selected. gentlemen
: out of a panel of forty eight men-fron
) which / struck twelve meU, aud tn,
} railway company struck twelve men
7 You were selected to try this case.
! have but one thing to ask OF you, anC
that know you will grant for the ask
: ing And that is fairness
Now, II this is not a good case, II We
) haven't produced testimony to show in
3 famous negligence. then I'll quit practic-
3 ing law.
r "They say the dead man was reckless
( defy them TO prove IT, Not one iOta oI
evidence could they produce in all theil
2 searchings to prove that he was a reck
t less rider A score of good citizens, OF
the contrary, have told you that he wa
an experienced and skillful horseman.
s NOW wao operates this roadg Ex
S perienced meng No. Heaven know
5 you had examples Of this on the witness
d stand. Who manages this road2 Ex
perienoed men2 No. Mr.. Preston Lea Il
T its president Know anything
about railroads. cars, electricity
- No. Not thing He's miller
e a bank president aud interested in score
e Of concerns Doesn't know anythin
r about electric railways Knows how &
{ buy my wheat lower than l can afford I
raise it. loud laughter
At 1915 yesterday Mr. Biggs, of coups
for the defense. began reviewing the testi
II mony and doing all in his power to dii
count that put in by the plaintiff II
II denied that the car was improperly ru
/, down the hill There was not a syllabl
which fell from Motorman Allison's lip
which showed that he was guilty of nel
10 ligeuce. If he had not bad the trut
d behind him he would have left the stan
is impeached and literally torn up by th