Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-24
GRAND JURY
The Deanewood Disaster to Be Rig
idly Investigated.
VIEWS OF U. S. ATTORNEY TAGGARF
Strict Justice to Be Melted Out
to the Guilty Party.
JURY NOW IN VACATION

The killing of Judge Claughton and Miss
Gusts at the Deanewood crossing last Fri
day evening will be laid before the grand
jury when that body rcassembles after the
usual summer recess. the 18th of next
month. so stated today Assistant District
Attorney Hugh T. Taggart, who is acting
as district attorney in the absence of Dis
trict Attorney Henry E. Davis.
And. explained Mr.. Taggart to Star
reporter. whoever is responsible for the
death of Judge Claushton and Miss Custis,
whether he holds humble or exalted
position. will be called to account for that
criminal negligence which appears to have
been the cause of the Disaster
Who the responsible person may be, ex-
planned Mr.. Taggart, may be somewhat
difficult to determine but he stated that
the grand jury's inquiry VIII be a most
searching enc. and he has no doubt that
some one. perhaps several persons may be
indicted for manslaughter.
The Case Intricate.
The case continued Mr.. Taggart lis a
very intricate one. and many perplexing
questions viii undoubtedly arise. But some
body is unquestionably responsible for
some one is running the road, one who is
required to supply employees and appliances
necessary to accomplish the result of op-
Grating the road, and transacting the com
PdnyS business, all with that degree of
skin. prudence and care required by law.
Now. II appears that that degree of skill.
prudence and care was not observed, and
whoever is found to be at fault, high or
lew. viii have to answer"
Mr. TaSSart explained that while the
company might be indicted for mainta aiming
dangerous nuisance at Deanewood and
punished. II found guilty. by the seauestra-
uon of It's property it cannot, being a cor
D.. cd for
though any one or more of its EMPLOYEES
can be indicted tor manslaughter if found
10y the grand jury to be criminally re-
sFCnsibIe.
The killing being the result of tho COL
Hslon, the question to he first determined
by the grand jury is, who was to bIamep
IN mat connection. said MIR. Taggart it is
wei 70 rene embtr that where railway and
pubic highway intersect, the rights Of tho
Traveller and the railway company are re-
S%rHrd IN law as equal, although the trav-
way But the fact that the company in the
present instance had the right of y;ay ey
planned Mr. Taggart, did not relieve n
nom the legal responsibility of exercising,
degree of skill. prudence and care in
proportion TO the dangerous condition OF
the crossing. %
Reasonable Care.
"Of course" said Mr. Taegart. "vbat is
reasonable care and prudence depends upon
the circumstances of each particular case
tut 10 quote an eminent authority When
from the popularity of construction of the
crossing on account of the conformation
OF the land. steepness of grade or sharp
ness Cf curves. the danger is augmented.
tHese are circumstances peculiarly within
the knowledge of the COMPANY. and inn
pose the duty of additional care on the
part Oh It's employees Now the corupanv
IN my opinion, knew the Deanewood cross
ing TO be a dangerous one; indeed. the
company recognized that fact by uiaclny
gates there. and 1t was therefore bound to
excrCiSe additional care and skill and nm
deLce IN the protection of the public 1t
RALLIED TO do so, il would seem. and ii is re-
sponsible civilly, and the employe or en-
ployes guilty of negligence are responsible
cr.minally.
Possibilities Suggested
The engineer" continued MIR. Tageart
may be responsible for passing the cross
graph operator may be responsible for fail
ing 10 lower the gates, his superior Off
Ger may be responsible for placing upon
him duties which caused him to neglect
the duty of lowering the gates or made il
impossible for him to lower them in time
OH the other hand. it may transDire
tIat none OF these employees was response
Die but that some high official or officials
of the company may be. Then, again. il
mus not be forgotten that where one at
temptS 10 do that which is impossible of
belhS properly performed, that person is
bound by The fact that he knowingly at
tempted the impossible.
lSnt you may rest assured that whoever
IS founi TO be respons. bile for the disaster
VIII be vigorously prosecuted"