The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-25
NO INDICTMENTS
FOR PURDUE WRECK
Grand Jury Holds that Catastrophe
Was Due to Bad System of
Train Handling.
ALL THE JURORS CONCUR

The grand jury yesterday submitted q
special report of its findings in the case of
the Purdue special wreck, which occurred
on Oct. 81 and In which a number of Pur-
due students lost their lives. The grand
jury returned no indictments against any
of the men. but held that the wreck was
due to an imperfect system of train-hand-
ling. The report is as follows:
The Big Four train coming from La
fayette was q train of superior right, hav-
Ing no trains coming against ii, without
a stop to the Union Station in this city
given extra fast time to cover and with
right over all trains
North Indianapolis and North street
were mentioned in said order and a time
given al which to arrive at those stations
According TO testimony of other engineers
on said Big Four Railroad and other rail-
way lines the conductor and engineer of the
special. under their train order had right
to believe the track was clear to the Union
Station.
was a switching train on the main track
which passed North street without receiv-
ing notice of said special from Lafayette
and plunged into 1t between North street
and North Indianapolis. Had the track
been clear the special train would have ar
rived safely at its destination.
I'VE must conclude that said passenger
train was not properly protected. II was
customary for North street to receive notice
OF such extra trains as well the switch
ing crews within the yard limits. This
failure TO properly protect so important a
train was due to an imperfect system of
train handling rather than the failure OF
any person or persons; a lack of co-opera-
ton between the various departments OF
said railroad company rather than fail
ure Of any particular person to attend to
duty.
The authorities at Kankakee gave fast
time to this train and especial care should
hnrv hnn,0 al.
yardmaster in this city.
No baggage car was attached to this
train which. If one had been so attached
would have saved a great loss of life There
is no law compelling it, but our Legislature
should make such provision at its next ses-
sion.
There is no law in this State by which
to charge a person with manslaughter for
inattention to duty Other States have
such a law.
I'VE are bound by the law as well as the
facts. And further: Whatever unlawful
acts, if any, were committed in another
State, unless aiding or abetting in the COM
mission of a felony, according to the laws
of Indiana, are beyond our jurisdiction.
Omission to act, or inattention to duty, re-
sulting in loss of life is not a crime under
the laws of this State.
WOULD NOT HESITATE.
I'VE would not hesitate to indict any
person persons shown to be criminally
responsible for this deplorable loss Of HUI
man life, should the facts and the law
justify it. No good could be accomplished
by prosecution of persons, involving great
expense to this county, against those who
intend no injury or wrong, where the law
and the facts would in no event warrant
such action. We trust that in the near
future the law may be made specific relat-
ing to railroad wrecks involving. loss of life
caused by lack of care and performances of
duty. We trust that the system of train
handling will be remedied and made more
perfect so that this city and State may
never again be shocked by the recurrence of
such a loss of life. In this report each
member of the grand jury concurs."