The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-01-25
THE DEFENSE OPENS.
The MAXWELL Damage Case About
Hail Over-Yesterday Afternoons
Session.

Hail Ovcr-festerduy Afternoon's
Session.
At yesterday afternoons session OF
the Superior Court Mrs. Maggie Max.
well, Richard Forrest. Richard Brown,
Parker Walton and James Tyre testi.
lied to the character OF the deceased,
the gentleIess OF the horse and his
bright prospect In life. Their testimony
closed the case OF the plaintiff and In
opening for the defendant Mr.. Biggs
said In order for the Jury to render o
verdict for the plaintiff 1t must be
satisfied OF two things; First. that
the railway company was guilty OF
| negligence. and second. that the de-
ceased was not negligent. The de-
fence was two-fold: First, that the
railway company was not guilty OF
negligence, and second, that the I'M
fortunate young man was guilty OF
negligence.
II would be shown that the car as
not going at an unusual rate OF speed
and that 1t stopped ut Rodney street
and let OIL q passenger. They wolld
also show that the motornan let the
car run down by gravity or at most
only point OF power was given tho
car SO that it could be controlled 1t
!
went down the hill the mOtorman no
tlced the horse misbehavlug, and he
put on the right brake Then the hor Sc
quieted down and the brake was re.
lensed and the cur allowed TO drift at
! the rate OF seven miles an hour, as
would be shown.
| When the car was opposite the horse
tho animal jumped OH the track in
front OF the car The brake was then
Put on again, but the horse was too
close and the car rcn a car length. or
n car length and half after the horse
was struck, before 1t was stopped. The
defence would show that tho car was
in perfect order and was examined
two hours.belore the accident aud i'm
medlatclv afterwards. 1t would also
/ be shown that the colt was unbroken
ana such an animal as never could DO
| properly broken. IL would also be
shown that Maxwell had been warned
against riding the colt in the parade.
and he had said he would tide 1t or
kill it. or 1t would kill him. 1t would
also be shown that the bride which
had been shown was put on the horse
against advice and Maxwell said he
would risk 1t.
George N. Comfy. civil engineer,
was the first witnos5 called He pre-.
|
urements were not the same as those
on the map prepared by AIR Schuler.
| llo thought probably discTepencies
were caused by the different measur-
Ing instrument.
! Charles q. l}landy. treasurer OF the
company, on the day OF the accident
was present when they took tho body
4 from the lever Of tho car. He saw
John l.. Nansant there and stated to
him that the accident was not the fault
Of the Company. The motormun did
everything possible to stop tho car.
No one heard tho statement excepting
| the witness. At the time he did not
know Nansant nor did he think he
was ono of the witnesses. The witness
told etectlveNandesrift What Vansant
had said. Stephen ii. Winchester was
IA monber OF the coroner's jury, but
Dir. Bird objected TO his testimony
because 1t was taken by Il secretary
elected by the jury.
When the time came the evidence
taken would bo produced and the sec
Rotary would swear to it's accuracy.
Messrs. Bradford and Biggs objected.
They commended that it was only in
criminal Cases that the law on this
subject applied.
Mr.. Bird sud the case had been tried
Z
whether Allison was criminal or not.
| Where was tho cause Of justice going
to- Mr.. Bird asked IL the class OF men
| who compose 0Oroner's iurlss are go
Ing TO DO allowed to come before tho
court and iinpeaCh tho report of the
secretary elected by themselves lie
| know of a case where man had
sworn that something in the record
WIS not true. but lu this case they
want to go outside OF the record to
! prove 1t Is not true. The acceptance OF
this idence would he setting up IA
precedent that would be detrimental
to the cause OF Justice. The court adj.
mitted the evidence aud Mr. Bird
noted an exception.
The witness said he rcmemb ered
Nansant tesLilylng before the Jury tilat
he told Maxwell not to cross the track.
Maxwell said he wanted to break Ills
horse and that Vansant also enid tic
horse was about sixty feet from Clay.
ton street when struck. Taylor Hip.
pie on that day also sworc that he told
Maxwell to turn of Clayton street. ON
cross examination the witnoss snid he
first spukoof the matter at rowEs,ey's
saloon, Stll and lutnnll streets. Nllss
Marvel was there and hs told her that
/ they had evidence to eXonerAte the
company. lie told Miss Marvel that
Nansant told Maxwell TO stay on his
Side. Since that he has rot spoken to
any Que even Mr.. Nandegrift.
Ihoiuas 5. Burroughs was d mem
Der Of the cornners Jury thut sat on
the Maxwell case lie said thut whilo
lestlfylng before that Jury John l..
Nansant testified that before the accl
don't to Maxwell he tNansantl told
Maxwell not to 30 on tho other side
ami he. Maxwell! said:"I want to hrent
my colt To the electric cars" The vii.
less also heard Taylor Nipple say that
when Tie Ger was between Kudnsy
anu layton street lie TAYLOR fllppiei
mud said to.hlHxwell to turn In on CLAW.
ton street and Mr.. iilppe said that no
one on earth could huye done more to
stop the car than tho motormell did.
Cross examined by Mr.. Bird, witness
SAID that ho did not know that when
he frst thought OF the words was
when he saw In the papers that this
case Was coming up. lie was ON.
ployed by the Union National Bank.
hut he did not know that lie knew II
at the time OF the accident that Mr.,
Lea was also president of the VIII
lniuston CITY Railway Company, but
lie iii not telleye that he knew II at