Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-02-01
TlN END AT LAST IN. SIGHT
: Conclusion of Evidence in the
Damage Case.
THE TESTIMONY AT THE INQUEST
Further Efforts to Contradict
Certain Witnesses.
Both Sides Finish in the Long drawn
out Trial of Maxwell VS.. tho Whining
ton City Railway Conpany---The Case
Now Being Argued.

v
terday afternoon week, when superior
court convened. The examination was
in line with that adduced at the morn
ing session.
Mrs. Steptoe walked to the stand.
She swore that the horse was gentle
and the witness once saw Maxwell ride
the animal up to an electric car without
experiencing any fright.
Michael Battle, Howard Fulton, John
W. Scott, William H. Toner all testified
that the horse was usually quiet and
showed no signs of fright on the APP
proach of trolley cars.
City Councilman James Tyre swore
that he was at the scene of the accident
soon after Maxwell was killed. He saw
marks indicating that the body of Max
well had been dragged 20 yards between
the car, but there was no blood visible.
Tho witness said he stepped the distance
in the presence of John Scott, who gave
corroborative evidence.
Richard Brown, superintendent of the
Sunday.school at Riddles Chapel, said
that young Maxwell was a member of
his Sunday.school class. ale was a
well-behaved, sober, industrious, tenn
perate man. He was trustworthy at all
times" the witness said.
"Cross.examined," said Mr.. Bird.
"No questions" was Mr. Bradford's
reply, and the witness left the stand.
Mrs. Mary Maxwell, mother Of the
deceased, testified that her son was the
sole support of the family prior to the
accident. He gave his weekly earnings
invariably to his mother.
''If your honors please, we rest here"
said Mr.. Bird.
Mr.. Bradford then asked the court to
excuse him and his colleague, Mr..
Biggs, for a few minutes; they with
drew to the jury room for consultation
I but returned shortly.
a Mr.. Biggs then began addressing the
\ jury. He said that in order to find for
Nthe plaintiff they must be satisfied of
two things. First, the defendant was
guilty OF negligence, and second, Robert
Maxwell was guilty of no contrbutory
negligence. Our defence to this action
is two fold.
"First-This defendant is not guilty
ofnegligence. Second-The unfortunate
young man who lost his life in said
accident was guilty of negligence which
contributed 70 the accident resulting so
sadly. We will show you, gentlemen,
that the car was not run at an immod-
crate rate of speed; that the car made
full stop at Rodney street to let off a
passenger. We shall show you that the
motorman, as was his custom, loosened
the brake and let the car run down by
gravity; or if he did turn the current
on it was only to give the car sufficient
momentum to start it.
AFTER the motorman left Rodney
street he noticed the horseman coming
across Clayton street. He put on the
right brake and slackened the speed of
the car. As the car passed on down the
kill the horse which was previously mis-
behaving quieted down. The gripman
loosened the right brake, and let the car
drift on down by gravity, at the rate of
seven miles an hour. When the car ap.
preached the first of the two houses
nearest to Clayton street, suddenly and
unexpectedly to the motorman, the mare
sprung upon the track, when the grip
man reversed the electric current imme-
diately. He did all he could to stop the
car, but the horse was so close upon it,
that il was impossible to stop the car.
1t ran u length and half before it
;, stopped"
"We shall further show to you, gentle
men," said Mr. Biggs, THAT the car was
in perfect order; the brakes and electric
apparatus were all right, having been
examined two hours previous to the
accident. We will also show you that
the marc was an unbroken colt; that it
was q spirited, nervous and high-strung
animal; that Maxwell had been warned
time and again not to ride the mare in
the parade, but lie declared that he
would ride the colt, kill it or it would
kill him.
''lf we show this gentlemen we will
ask for verdict at your hands"
Charles q. Blandy, treasurer of the
Wilmington City Railway Company
then took the stand. lie was called to
rehut the testimony of John l.. Nansant,
witness for the plaintiff. He said that
Vansant had told him that the accident
was unavoidable and that the motor.
man did ali he could to stop the car.
On cross-eXamination by Mr.. Bird the
witness said he knew of no one else who
had heard the statement of Vansant save
himself.
Stephen II. Winchester was a men,
ber of the coroner's jury which investi-
gated the case of Robert s. Maxwel's
death. lie was called to the stand by
Mr. Bradford.
Mr.. Bird objected to the witness testi-
flying. He said the defence proposed to
call three members of the jury TO prove
that the notes of the secretary were I'M
perfect. lie said that 80 out of 100
coroners' cases are gotten up by the
corporations responsible for the acci-
dents. He said the object of the defence
was to go behind the record of the
coroner's jury. He said that If the court
ruled in favor of admitting this testl-
mony it would set up practice that
would be far-reaching and very detri-
mental to the ends of justice.
The court allowed the evidence and
Mr.. Bird noted an exception.
The witness swore that Joseph Van.
SAINT, who testified at the inquest, had
said that he told Maxwell not to go on
the right side of the track, but the de.
ceased disobeyed the command and rode
on that side OF the track. He also SAID
that Mr.. Nipple testified at the inquest
that the motorman had done all he
could to stop the car.
The witness was badly tangled up
under Mr.. Birds critical cross-eXamina-
ton, and his evidence was shattered in
the main.
Court adjourned at 515 o'clock until
10 o'clock Thursday morning.
The room was crowded Thursday
morning and the attendance was even
larger than that of the preceding day
Every seat in the room was taken
n