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

colt jumped around just like any other
unbroken horse would do.
Wright displayed considerable pulpit
oratory while giving his evidence. His
ge:ticulations were perfect and move
ments of the body natural.
In examining the witness Mr.. Bird
accidentally addressed him as Harring-
ton, the name of the former witness.
The witness corrected the counsel for
the defence.
81 beg your PARDON" said Mr.. Bird,
"your testimony was 80 near like that
Of the former witness l got you con-
fused. DR.. Jekyl and Mr.. Hyde"
"Where were you bredp" was Mr..
Birds next question.
81 was born in Kent county, sir, near
Felton,"
"Thct's pretty good stock" said Mr..
Bird, smiling. The witness was then
dubbed by Mr.. Bird as the "sturdy
yeoman from Kent"
Mr.. Bird continued the examination
of Wright, when Mr.. Bradford con-
tended that he was unfair to the witness.
"Yes, whenever the witness begins to
pinch you, then you begin to squeal."
Charles Il. Pyle saw tho three horse
men in front of the Logan House the
morning Of the accident. The horse
Maxwell rode was misbehaving and
prancing about.
Erby p. Davis and Patrick Flaherity,
both knew Maxwell and testified that
the mare he rode was fractions one.
Court adjourned at o'clock until $50
p. m.
AT the afternoon session Thomas l..
Purnell, who first took the stand, re-
membered the accident of October 21st,
1899. The witness was passing along
Delaware avenue on Columbus Day.
The car was at Broome street. The wit
ness beyond Rodney street on Delaware
avenue. He was called to prove that the
car made stop at Rodney street. He
turned down Rodney street and had
traversed distance of about 40 yards
when the accident occurred. The car
was running at the rate of seven miles
an hour.
On cross-examination the witness said
it was customary habit for him to
notice passing street cars as he was on
speaking acquaintance with most of
the motormen. When asked whether
any particular circumstance directed his
attention to car No. Al when it stopped
at Rodney street, tho witness replied
that he heard the gong sound and he
happened to look around at the time.
Leonard Mayne knew Robert Max
well and was companion of the de-
ceased. He and Maxwell had often
ridden on horseback together. Three
weeks before the accident the witness
and Maxwell were riding on Delaware
avenue when an electric car passed the
horsemer. He asked Maxwell if the
mare was afraid of the cars. Maxwell
said, "Watch her." The car approached
and the mare SHE'D at it. Maxwell
struck her with his spurs, whereupon
she jumped and pranced about in the
street. ..,,.ss..........5,---...
The witness said he had converse
ton with Maxwell one week prior to
| his death, wherein he said he was going
to ride the mare in the Columbus Day
parade.
On cross-examination by Mr.. Bird the
witness became badly ratified and in
reply to counsePs questions said he did
not know whether the ''sun was shining
or whether it was moonlight or cloudy"
the day he and Maxwell rode together
on the avenue. He subsequently cor
rected his testimony by the supplement
tary statement that it was in the day
time but what hour he could not say.
lie said that Maxwell wore spur, but
he did not know cavalry spur from d
Mexican spur. He never knew Max
well to wear spur at any other time.
On redirect examination Mr.. Bradford
asked the witness certain questions in
regard to horses, which was regarded in
the light of expert testimony.
Mr.. Bird objected to the evidence on
the ground that no expert testimony
could be adduced that was within the
common knowledge OF jury. He cited
authority in support of his statement,
and quoted certain cases touching thu
point at issue. He said the jury was
composed almost exclusively of farmers,
and possibly every one Of them had
broken colt. At any rate, he said,
they knew more about horses than the
witness on the stand.
The court sustained the objection.
Mr.. Bradford noted an exception.
Mr.. Bradford then changed the line
of examination and asked the witness il
he considered the colt well broken. He
| replied in the negative.
| Michael Donohoe, IL carter, was called
as an expert in breaking colts. He said
| he had broken 10 colts and had expert
ence with wild animals. lie had broken
horses for Jester s. Mcdaniel, He had
seen Maxwell drive his mare single.
He thought tho horse was high-spir-
tied animal, with nervous disposition.
The witness was subjected to rigid
cross.examination.
Charles l.. Reynolds, the next wit
ness, was a morocco tinisher. He was
in the vicinity Of the Baltimore & Ohio
station on Columbus Day. lie saw
Maxwell riding the mare around an
electric car. She was prancing and
stepping about.
On cross-examination the witness said
he did not know Maxwell, Vansant OF
Nipple.
Mrs. Mary Quinn, the next witness
recollected the day young Maxwell was
killed. She saw the three horsemen
going up Delaware avenue toward
Clayton street. Maxwell was riding in
the centre. She said the horse was
prancing and trying to throw the man
off.
Court adjourned at $50 o'clock until
10 O'Clock Saturday morning.
The case was resumed Saturday morn.
ing.
The line.of evidence brought out by the
plaintiff Friday afternoon involved the
| gentleness or viciousness of the famous
mare which Maxwell rode ON that fateful
October day, in 1892. 1t is probable that nc
horse in recent years has figured so con.
which met death in the accident ON Colum.
bus Day.
| The track records of NTardS g and Mosnot