The sun., 1898-06-02
THE PRICE
OF A TEAM
The Brown Case Still Consumes
the Time of the Superior
Court.
RAILWAY COMPANY WITNESSES
Testify That Brown Was Driving
Too Fast.
RAILWAY COMPANY WITNESSES
H. III. Ward, Esq, Counsel for Mahlon
Foster, Enters Writ of Error in
the Case Under the New
Constitutions.
Reserved

The Superior Court resumed session
yesterday morning at 10 o'clock and the
case of Lewis Brown vs. the Wilmington
City Railway Company was resumed.
Mrs. Clara Veasey testified that the
car was running at ordinary speed, and
said the motorman had time to stop it
She stated that, after the collision, the
motorman laughed and remarked, that
"all niggers ought to be killed, any.
how"
William Dietz said that he never saw
an electric car run more rapidly. Walter
Brown was recalled, and testified that
the car was running at the rate of Ia
miles per hour. The plaintiff rested at
40 O'clock.
Mr. Ponder, outlined the defence.
Police officer Eakin said that the
grade OF King street from Second to
Front is steep. He heard the wagon
coming down King street rapidly, and
saw Walter Brown drive into Front
street and run into a car eight feet from
it's end. When the accident occurred.
the witness remarked: "Nigger like. -
He said the Car was running very
slowly. The motorman was looking
straight ahead, and tried to stop the
car. The witness heard the car bell
ring.
Motorman Stanton when called said
that the car was running slowly, and
that he stopped it at the west side OF
King street. He said Walter Brown
drove into Front street rapidly, and
could not stop the wagon. He added
that the wagon struck the car On
cross examination he denied that the
horse was knocked down and dragged
Rev. John a. Mattee, colored, testi-
fed that he was passenger on the car.
Walter Brown drove down King street
at full speed, too rapidly to avoid strik-
ing the car. The motorman applied the
brake, and the Car stopped before the
wagon struck it.
William Malloy gave testimony to the
effect that Walter Brown went down
King street as fast as he could 60, and
the wagon struck the car. The witness
heard the car bell ring. He said he
'wouId not give over $50 for the team,
niger and ALL" At O'clock the court
took recess until $50.
Court reconvened at 2 30 and officer
J. D. Purcell, William Cross, John Mar
tin, Samuel Woolworth and james A.
Pennewell all testified that the outfit
was not worth over $50 prior to the
accident. Isaac Anderson, colored,
stated that he saw the accident and that
the cart ran into the Car. That William
Brown was not present when the horse
was down but that Walter Brown rode
the animal to the stable and not William.
He further stated that the car was run
ming about five miles an hour at the time
it came along Front street, but that it
was nearly stopped when the cart struck
the side OF it. The motorman was ring
ing the gong Oh the car.
In anticipation of the witness being
asked by counsel for the plaintiff if he
had ever been arrested, Mr.. Salisbury
Anderson to state how many
times he had been in ".imbo.' Isaac
said he had been pulled" Il good many
times for drunks and was arrested once
for signing pension papers.
He said he was a coast tough but had
reformed. Cross. examined, said he knew
Sheriff Finn and had been in Baltimore
but never arrested while there. He
stated he was always on Front street and
you couldn't 60 along there without see
ing him.
William Cal pton said lie saw the ac-
cident but did not see William Brown
there. He, the witness. had been in Jail
two or three times.
Samuel Cork testified that he saw the
accident and that the car was running
slow.
Annie Scott, colored, niece of Rev.
Mattee stated she was on the car at the
time of the accident, and that the car
was stopped when the cart ran into it.
Also stated that the cart driven by
Brown was coming very fast.
The State then rested and in rebuttal
Deitz was called and said he
had seen the witness Mallory talking to
three colored men on Front street. and
that they offered him Car fare, in the
shape OF blue tickets to come to the trial
and testify for the defendant and $500,
". 80 witress fees.
Walter Brown testified that there were
only two white woman on car III at the
time of the accident. In sur-rebuttal
Harvey J. Nandegrilt testified that there
" ere no blue tickets issued by the rail-
way company.
Prayers to the court were then taken
up by counsel for plaintiff and defendant
and arguments will be heard this morn
ing. The court adjourned at 5.05 p. N.
II. Ii. Ward, ESD, counsel for Mahlon
Foster, recently sentenced to two months
in county Jail lor embezzlement, entered
Il writ of error in the case under the laws |
provided by the new constitution and
offered bond for his clients appearance
at the next court of General Sessions to
The amount of 81 900, naming as bonds.
men John Walton and Samuel Forbes.
As there was no precedent in the case
the court reserved its decision.