Evening journal., 1894-01-25
DEFENSE NOW HAS 1T.
Attorney Biggs Made a Strong
Opening Speech
IN THE MAXWELL DAMAGE CASE

IN THE MAXWELL DAMAGE CASE
Proving as Best They Can That Maxwell
Rode a Fractions Colt. Rode II in Spite
of Protests From His Friends, Said
He Would Ride It or XIII It or kin
Himself
The interest in the Maxwell case is
unabated, and every available seat in the
courtroom is occupied This is doubt
less partly due to the large number of
men out Of work, who 60 there TO spend
their idle time The attendance OF law
yers is also marked the suit against the
Wilmington City Railway Company being
regarded as one Of prime interest and
Importance.
Yesterday afternoon the plaintiff rested
his case, and the defense began putting
in testimony. The fght Of the session
was as to whether the testimony OF Ger.
tain coroner's jurors should be admitted
The court overruled Mr. Birds objec-
tions, and he noted an exception.
Inc hofht 4 OoO0 behavior
Mrs Steptol, Michael Battle. Howard
Fulton, j d. Peirce and George w
Peirce testified to the good behavior of
the horse, and to the proficiency of
Maxwell in horsemanship
Fulton said that after the car had
stopped he made an examination of the
track and found blood, pieces of cloth
ing and suspenders and horsehairs, for
sixty feet back from the pool of blood
He left the stand TO show how far he
could step To exemplify IL he took his
trial steps at the side of the witness
stand, where counsel for the defense
could not see him.
He Would Put Him on the Table.
Mr. Bradford-"H Hold on; let us see II. %
Mr. Certainly; I'll put him on
/ the table If you want me TO- D." (Laughter)
Councilman James Tyre stepped the
distance off and made the distance
twenty-one steps, of a yard in length
He stepped from where the dust showed
that the body had begun to be dragged
TO where Il was taken out from under
the car. He did not see any blood ex.
cepting at the pool under the car He
did not see any hair, clothing or pieces
OF suspenders He did not stepit of at
the instance of anybody. Max wells 3
body was fastened in between the motor
and the trucks.
Scott Counted the Steps.
John Scott counted the number of
steps Mr. Tyre made and testified that
they were twenty-one.
Richard Brown was sworn. He said
81 am a machinist and knew Maxwell
we'll l was superintendent of the
1 Sunday school at Riddles Banks and he
was in my SCHOOL, He was Trustworthy
and honest at all times.
Richard Forrest, an employe in Ban
crofts Mills, testified that Maxwell was
an honest, sober, industrious, healthy
man.
The Mother Testifes
Mrs Maggie Maxwell mother Of the
deceased, was put on the stand. She
said
"My son was 90 years old My family
consisted of a sick husband, three sons
aud daughter Roberts two younger
brothers were 10 and II years old and his
sister was 10 years OLD. Robert gave the
money he earned to me for the support
of the family and was the main support
at that time as h father was sick and
out Of work. My son never lost any
time.
The defense asked her no questions
and the plaintiff rested
The Defense opens.
Messrs. Bradford and Biggs retired to
the attorney. generals room and consulted
for few minutes. When they returned
a large plot of the section of the city in
which the killing occurred was brought
in and stood against the witness box.
John Biggs opened for the defense
He said, in part
Gentlemen of the jury, in order tC
find a verdict for the plaintiff in this
case you must be satisfied beyond q
! reasonable doubt, of two things First
That this company was guilty of negli.
gence; second-that Robert S Maxwell
the deceased, was guilty Of no negligence
that contributed to his injury, or. IN
other words, was guilty Of no contribu.
tory negligence. Our defense to thi:
action is two-fold First-That thi:
company was not negligent; and, second
that this unfortunate young man, who
lost his life in this sad occurrence, was
guilty of negligence. that contributed {,
the unfortunate accident resulting 50
sadly.
1--WE win prove that the car was no
coming down the hill at. an immoderat,
rate of speed. We will show that tn,
car made full stop at Rodney street snC
let of passenger. We will show yor
that the motormaD, as was the custom
loOsened the brake and let the car rur
down the hill by the force Of gravity.
the current was applied it was only 4
give the car sufficient momentum t.
Z start The mOtorman put on the righ
brake and slackened the speed of the car
the left brake being already on, it beinl
the safety-brake As they went dowI
the hill the horse, which had been res
tive, quieted down. It was coming ul
between the north curve and the rail
, The motorman, seeing that the hors
was quieted down, loosened the righ
brake and let the car drift on by gravit
at the rate Of about seven miles an hour
| When the car was about six or eigh
feet away the horse suddenly and un
expectedly gave spring upo
the track, when the motorman pu
the right brake on as hard a