The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-01-29
FIFTH EDITOR


perlor COURT ID drawing TO Cloec
Counsel on both sldes expect to hay
argument before tho jury by Wednes
day, that a verdict may be returnel
before Thursday. The ATTENDANCE,
was still large this morning.
Before the examination OF witness
es Col. Benjamin Hields asked for al,
order authorizing the sale or $50, O0,
of Wilmington City Electric stock
seized by the Sheriff on a writ Of for
eign attachment OF II. Il. Wilson
amounting to $4,000. Mr.. Wilson
had transferred the stock 10 ills wife
tlnued until tho Maxwell case closed
Mrs. Bridget Dougherty was called.
She thought the Cur stopped just
above Rodney etreet. She mad ridden
down the grade tnster than on that oc
| casion. Mr.. Cooper cross-exnminec
and asked her II she had not told him
that she was not pc Tive that the cai
stopped at Rodney street and she re
Piled yes, but since then her mind
had become more fixed.
William i. Halleck was passenger
upon car No. Al. He was sittlng II
front of the car ard 1t stopped at Rod
ney street. lie saw tho horsemBi
| just below Clayton street and the
Office. Tho chr was then leaving Rod
ney street. The mare was prancing
lie saw the car strike tho animal al
about the foutth tree. The collision
occurred west of the houses.
The question as to when the witness
first thought OF an accident occurring
was objected to by Mr.. Bradford ON
tho ground that 1t was out of the line
OF cross'examination. The court sue
tanned the objection, Mr.. Bird noting
| the eXceDtion
| Cyrus Gron was In tho employ OF
| the company the day OF the accident
when no was sent to the spot to cover
| the blood with sand. Tho pool oil
| blood was nearer the tree than the
| iire-plug. He saw the marks where
tho body had been drawn. They did
not extend over twenty-five feet VI
the track. On cross cxamlnstlon he
said he covered the marks with sane
about Ave minutes after the accident.
The pool OF blood was all he saw.
Alter the witness left the stand Mr..
Bradford said he had understood and
| had heard II whispered between plain
tins council that tho company was
operating the ro0d unlawfuliy by us
ing electricity. Mr.. Bradford offered
the charter OF the company and the
supplement acts of the Legislature.
\ which lie said contained not a syllable
/ tiub bHpN NodlNi NV oHtldbc lut Euhl
/ by electricity. He thought IL slmpls
irony to argue the point. and offered
all ordinances relating to the question
| in evidence.
] Charles Pyle WINS recalled. He help,
ed to decorate the car with bunting,
which was securely fastened and fixed
SO that 1t could not ilutter when the
car WAS In motion. On eross.examina,
ton the witness said tho bunting wan
not dlsarranged when he saw 1t aftei
the accident.
Thomas l.. Purnell said when he saw
the bunting IL WAS not lying from the
car. 1t would not fiighten horse In
his opinion.
Engineer Comfy said the distance
from wall to wall Of the court room
was 70 feet q, inches. The object o.
the testimony was to show MIR. Van.
SAINTS accuracy of measuring dis
tances.
John Quinn did not think the bunt.
ing would frighten horse, as 1t was
not standing from the car. On cross.
examination, MIR. Bird asked II he
thought tho hunting would quiet n
horse, and he replied yes. which
amused Mr.. Bird and the audience.
John A. Carroll was formerly In tho
employ OF the company as q motor.
man. A car moving down the hill al
tie rate OF seven miles Gn hour. in
case OF an emergency, could be
stepped In thirty live feet. At eight
miles in forty feet. Assuming thai
the car moved down the hill at fifteen
miles all hour, he thought 1t could be
topped In thirty or forty yards. Ho
did not think the app .icatlon Of sand
would DO OF any assistance In the
stopping OF Car on a dry ruil.
William KeimeI thought he could
stop u car at the rate OF seven mllee
an hour IN thirty.llve feet, at the rate
OF eight miles mn hour he could stop a
ear In forty feet. Ills testimony as to
tho use oil sand was the anne as thai
or tho former witness. Josepl
O'Hiieu offered similar testimony, but
when air. Bird asked that, assuming
the Car was moving at the rate OF III
teen miles an hour he thought tho car
could lie stopped in thirty to thirty
live feet more.
Mr. Biegs then announced to the
Court that the defendants rested.
Mr. Bird In reply called Richard W
Harrison to the stand. To ls an engl
Eeer oil thS P.,W. II H. II rund and hh
been so employed for eighteen years
MIR. liair!son.yOu are an engineer,
wCu-d the application of sand on
perfectly dry rnil he or any assistance
H. The stopping OF your locomotlve2'
iefore the witness could answer
Mr. Bradford objected.
Your Honor, there ought to be
9 int end to this cnse. l think 1t Ia
unfair to go into this subject now
We cut our cloth to suit the measure.
We framed Our defense to meet the
case framed by the plaintiffs. We arc
not responsible for the deficiency o!
the p!aintilf II. not Offering this tssti
mony Lefore. We replied strictly to
the testimony offered and we do think
under these circumstances that this
testimony Is not admissible. II so
tie case would not be finished until
''Kingdom come"
Mr.. Bird asked that an attachment
DO issued for Hurry thulef.returnabls
forthwith. which was ordered by tie
court.
Alter replying TO Mr.. Bradford'a
objection, snyiug that 1t would be I'M
iuiI to prevent him from presenting
the testimony, the court ruled that
the testimony was admissible. Mr
li6msUn's testimony was given as tina
OF an expert. Mi. Bird put tho ques
ton thus:
Assuming that an electric car go
ing down that grade, with steel rails
md wheels, as lRs been testified to. aI
tho rate OF seven or eight miles an
/ hour, could one of those cara be
stopped sooner by tho application Of
, sandt'
Mr. Bradford objected. the wines.
never having operated al electric car
Mr.. Bird changed the question again
and II the witness Thought he wal
competent to iGdgo Oh such q gues
, t!OD and ha replied lie certainly was.
THE corHr DIsAGRTEs.
The majority OF the court ruled thai
the question was admissible.
The Chief Justice thought otherwise
and explained bis point. saying thai
when an export Ia introduced he must
lave experience In tho special mattel
which he Is connected with aud mo-
! that, us an example, a railroad engl
neGr could not give testimony con
corning the operating OF ar electrfi
} car.
The examination continued;
DO you think sand would stop 8
, car or train as sCon OH dry as on a
,, wet rail on M inclinet'
Yes sir. The strong friction be
tween the bake, shoe and tho whee
would have exactly tho same effect 1
Oh u dry OF wet raila on an incline
On oross examination, The witness
had made study OF electricity, hui
had never operated car.
A pISABl ED R.;SINEFR
William X Bechley was fol nerly al
engineer OIL the p, W. & B. Rallfoad
About tlree years ago ho was so badil
lntuTpl In a uTanE that hia laft Ian Il a 4