Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-08
WILL BE PROSECUTED
Warrant for Superintendent Thomas
of B. and 0. Company.
held FOR GRADE CROSSING ACCIDENT
Prosecutor Pugh Determines to
Thoroughly investigate.
RESULT OF AN INQUIRY

The Baltimore and Ohio Railroad Com
pany has got to make answer III the Police
Court in the near future to charges grow
ing out of the accident at the Florida ave-
nue. grade crossing on the Metropolitan
branch Of the road Friday night. AS
stated in The Star at the time. members
of the Northeast Washington Citizens As
sociation determined to collect evidence
and take the case into court, but as this
would not have been done until after the
next meeting of the association, Lieutenant
Kenny of the eighth police precinct di-
rected his officers to make an investigation
of the affair. Precinct Detective Amiss
was selected to make the inquiries ard
get warrant in the case. He collected
the evidence concerning the affair, which is
shown to have ended the life of a horse,
smashed buggy and came near killing
the driver, a co!ored man named George
Coleman, and went to the Police Court
and laid the matter before Prosecuting
Attorney Pugh.
Detective Amiss also made a lengthy re-
port of the facts obtained. which ne sub
mitted TO Lieutenant Kenny. This report
contains a diagram of the tracks and road,
and the comment concludes with the opin-
ion that there was a clear and open viola
tion of law Not only did the detective
find that the law in respect to the gates
had been violated, but he also found that
the train was going at a rate of speed
which he considered unlawful
Wnen the detective called on the pros
ecuting attorney. Mr.. Pugh, the latter re-
ferred to the police regulations under
which charge of violation of law must
be brought. He found one section of the
regulations requiring the grade crossings
to be protected.
Law In the Case.
1t reads:
'All grade crossings or intersections of
any steam railroad tracks with streets,
avenues or roads shall be made safe by the
company owning or operating such roads
by gates and electric bells, or other means
and appliances approved by the Commits
sonerS of the District of Columbia Be
tween sunset and sunrise of each day
headlight or other equivalent rejecting
lantern. e hand lantern in the hands of
an attendant, to give due warning to per-
sons near or crossing steam railroad tracks
of the approach OF trains, locomotives or
cars, shall be displayed upon the advanc-
ing end of every train of steam railroad
cars. and of single steam railroad cars and
locomotives not in trains, when moving in
the District of Columbia 1t shall be un-
lawful for any person to set in motion
run or operate any train of railroad cars,
single railroad car or locomotive, without
the said display Of such lights or lantei ms. I"
Another section, and the one under which
Mr.. Pugh concluded to prosecute provides
that 1.-The safety gates at every railroad
crossing shall be closed during the passage
of any train. locomotive or car, and shall
be opened Immediately after the passage
of the same"
Reaches a Conclusion.
Mr.. Pugh heard the statement of the Off
Ger, and. after looking up the law. he
reached the conclusion that there had been
a violation. and that, in his judgment, the
company should be called upon to answer.
The only question left was to find the per-
son or persons who are responsible and, in
order to have this passed upon by the court
he decided to prosecute Mr.. Jas. G. Thomas,
station master and acting general superin-
tendent OF this branch of the road, and
Milton Cramer, the watchman at the cross
ing. Accordingly he filed an information
against them. charging that at the cross
Ing of the Metropolitan branch of the Bal
timore and Ohio railroad and Florida
avenue northeast they did then and there
fail and neglect to close the safety gates
at said railroad crossing during the pass
age of a certain train, locomotive and car -
The warrant in the case was sent out,
and this afternoon the persons whose
names figure in the complaint are to be
called upon in the Police Court to plead to
the charge
Watchman Not ON Duty.
What defense the defendants will make
is not known The police feel that the
Charge may not nOlU, SO ldr as II relates
to the watchman at the crossing, for he
was not on duty after o o'clock on the
night of the accident. His duties require
him to be at the crossing from o'clock in
the morning until o'clock at night. 1t Is
the object of the company to have him
there at the time the valley train is
scheduled to come in, a few minutes be-
fore o'clock, but when this train is late
there is no one there to protect the cross
Ing
II is said that the general agent will
have to disprove his responsibility in order
to escape a conviction. and should he do
this in court he will probably have to tell
who is responsible. In the event of such
an ending, additional warrants will in all
probability be issued, as Prosecuting At
torney Pugh is determined that the person
responsible shall be brought to Justice, II
possible. 1t is not probable that a charge
of the fast running of the train will be
brought, for the reason that the police find
It difficult matter to get convictions in
the Police Court In such cases. even when
they time the trains with stop watches.
Commissioners to Act.
The Commissioners have not yet taken
any formal action against the company on
account of violations of the regulations
which provide for the proper protection of
the public at grade crossings.
A memorial is being prepared on the sub
ject by the Northeast Washington Citizens
Association which will be addressed to the
Commissioners. When this is received, the
latter will look into the subject thoroughly
and then measures will be taken to compel
al observance Of the necessities In the
case.
Weaving I'm Japan.