Evening journal., 1894-01-30
TESTIMONY IS ALL IN.
Argument Made on the Law
Points in the Maxwell Case.
CONTINUANCE OF THE BIG CROWD

Testify to the Eject Of sand on the
Track.
The suit or Robert Maxwell's admins.
traitor VS.. the Wilmington City Railway
Company for $4,000, Is drawing to a
close. All the testimony is in and
conflicting mass it is for the Jury to
reconcile Argument of theilegal points
began last evening by counsel for the
plaintiff and was followed by argument
to the jury. The case will 90 to the
jury late this afternoon OF tomorrow
morning.
The Attendance Was Largo.
Nearly 200 persons were compelled to
stand in the aisles during the closing
scenes yesterday afternoon. The greatest
interest was manifested and the legal
fight for points keenyl relished.
William r. Beckley was recalled and
testified that during recess he examined
electric car brakes aud found they
hugged the wheels exactly as locomotive
brakes do
Joseph Z Wilkins, who was secretary
of the coroner's jury, was called TO
contradict the jurors who testified for
the defense. He was allowed to refresh
his memory from the notes he took at
the hearing before the coroner's jury.
Mr.. Bradford objected to Mr.. Birds
mode of procedure saying he should
be confined to the points for the
contradiction Of which the ground was
laid
Mr.. Bird said that FIVE of the coron er's
jurors denied that Vansant testified to
certain things before the coroner's jury.
Surely he should be allowed to prove by
Wilkins that Vansant did say the things
they swore that he did not say. Four Of
the witnesses for the defepse testified that
Vansant did not swear that the cars were
running decidedly too fast for public
safety. Was that testimony pertinent
to this case? Could it be that he could
not bring testimony to attack the cred
ibility of those witnesses2 What would
become of the law which allows one TO
impair the credibility of witnesses2
The court allowed wilkins to refresh
bis memory from the notes taken at the
inquest
Mr.. Bird-"Dld or did not vansant
testify before that coroner's jury as
follows When the car was between
Rodney and Clayton streets and ap
preaching Clayton street, / said to Max
we'll, Stay on this side; don't 60 on the
other side of the avenne, or words to
that eifectT"
II believe he didn't"
"Dd be testify upon that occasion, I
said Stay on this side; don't 60 on the
other side of the avenue,' and Maxwell
replied, i want to break my colt in to
the cars, and / am going on the other
slider"
Il don't believe there was any such
testimony"
did you give precise duplicate to
Mr.. Vandegrift?"
II gave duplicates to Coroner Sparks
and Detective Yandegrlft. This is the
one gave to Coroner Sparks
Mr.. Bradford-"Nou are not a short.
hand writerg'
You did not take down everything
was said2"
No, but took down every important
answer bearing on this case.
John l. Vansant was recalled and said
he was before the coroner's jury for
about half an hour.
B. F. Johnson was recalled.
Mr. Bird-"Mr Johnson, did you ever
time the rate of speed Of electric cars on
the Rising Sun branch of the Whining
ton City Railway Company
Mr.. Bradford-"I object. It is i'm
material. improper aud out of order"
Mr.. Bird-"We want to contradict
O'Brien who said he never ran his car
fifteen miles an hour Mann said he could
not get fifteen or twenty miles an hour
aud that he doubted II he could get ,over
ten miles out of the car on a straight
run. 1t is what you would not let me
prove, but what brought out in lcross-
examination The contention of my
friend would place the plaintiff at the
mercy Of the employees of the de-
/ fendant
The court ruled him out and Mr.. Bird
asked that an exception be noted and
said it would do away with a large
number of witnesses
John Maxwell, father Of the deceased
was recalled and said he never had the
mare to pillow.
Thomas Hethetton, recalled, said he
was at the lodge of knights of the
Golden Eagle two nights before the
parade. Maxwell walked over TO him
Immediately after the meeting and went
out with him and James Scott. Maxwell
could have had no conversation with
Lowther that the witness would not have
heard. Maxwell walked straight across
the room to borrow Mr.. Bancrofts saddle.
Mr.. Bird asked the witness II he heard
the conversation that Lowther sWore he
had with Maxwell Hethei ton said he
did not see that there could have been
any opportunity for such a conversation.
There might have been a little said,
Mrs Max we'll, mother of the unfortu
nate young man, swore that her son die
not ride away from the house until II 81
o'clock 70 gave him his dinner at II
o'clock. This testimony was put in Z
contradict a witness who swore that be
saw Maxwell at Thirteenth and Scott
streets at II o'clock Mrs. Maxwell als'
testified that she did ell she could t.
help Robert decorate the horses trap
pings as she wanted him to ride in th'
parade.
The plaintiff closed his case The de-
fense called General Manager William
Heger, of the Wilmington City Railwa,
Company, to testify to the application o.
sand TO the rails Mr.. Bird stronuousll
objected. The court ruled out the testi
mony and at o'clock both sides closed
The witnesses on both sides where dis