Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-16
HELD FOR GRAND JURY
Charles w. Nichols Accused
of Causing Accident.
INQUEST HELD TODAY
DEFENDANT ADVISED BY CoUN-
Sell NOT TO ANSWER QUESTIONS.
Acting Coroner and Attorney Disagree
-Trainmen the Principle Wit
nesses at Hearing.
INQUEST HELD TODAY

man, in the employ of the Pennsylvania
Railroad Company. who was on duty at
the IN. S." tower at Deanwood Sunday
night at the time the fatal accident &C.
CURED, as published in yesterdays Star.
was held responsible for the accident at an
inquest which was conducted at the morgue
this morning.
c. Y. De Neale, a fiagman, was instantly
killed. and Conductor Moore was seriously
injured as the result of the accident At
torney Andrew A. Lipscomb was present al
the hearing as counsel for Nichols, and,
after the latter had made partial state
ment of the affair, advised him to decline to
answer any further questions. In giving
his client this advice counsel stated that
it Is a we'll defined rule Of law that man
cannot be compelled to incriminate him
self. Notwithstanding this advice and the
refusal of the witness TO answer the Ques-
tons, DR.. Glazebrook, the acting coroner,
asked a number of additional questions.
Several times counsel repeated his advice
to his client and the acting coroner became
impatient with him.
"Unless these Interruptions cease" said
DIR. Glazebrook. I'm have to adjourn this
hearing
You may adjourn it as long as you
please" retorted Mr.. Lipscomb, but I'll
continue to advise my client that he does
not have to incriminate himself.
You are absolutely out of order the
acting coroner stated. ut is true that the
coroner has not the authority Of the judge
OF a court, but you are just as much out
OF order as if you were In court
Again Mr.. Lpscomb made known that ne
die not agree with the statements of the
acting coroner and the hearing was
brought to a close after the propounding OF
several other questions which remained I'M
answered.
The Jurors, in their verdict, stated that
negligence on the part of Nichols caused
the accident. Sergt. Russell took charge OF
tie accused man and he will have to go to
Jail unless bond for his appearance be fur
nished.
The Evidence Adduced.
William H. Parson, engineer in charge OF
ward engine 5O47, testified that c. V. De
Neale, the victim of the accident, was
member of his crew Sunday night when the
accident occurred. Witness said he was
backing from No. track to No. track in
the southbound yard. He said he had thir-
teen freights and three Pullman cars and
was backing them when the accident oc-
Cured. In order to get from one track to
another it was necessary to pass the N. s.
tower at Deanwood. Witness got dwarf
signal on the ground governing the move
ment of his train. This signal indicated
that the road was clear. He also got hand
signals from the crew.
The accident he said, occurred at HOS
o'clock. Witness said his train was NOV
ing at the rate of about eight miles an
hour. and his engine had not passed the
tower when the end of his train bumped
against the freight cars. The first he
knew Of trouble was when he felt the jar
caused by the collision. Witness stopped his
engine Immediately and sent out men to
protect the road.
Witness found De Neale wedged in he
tween the Pullman vestibule and a refrfg
orator car attached to the line of dead
freights Conductor Moore, he said was
n
the Pullman. His left arm was off, the
witness stated, and his right leg was frac-
tured. Witness was satisfied that De Neale
was dead when he reached the rear Of the
train. In order to get him from between
the cars 1t was necessary to do some chop
ping with ak. Witness said the acci-
dent happened on what is known as the
race-track siding.
rs that where you expected your train
to go?" the engineer was asked.
mo, sir" the witness answered. Il ex
pected 1t to go on No. 4 track
Witness said he was completely surprised
when he found that his train had gone
upon the race-track siding. The dwarf
signal. the witness stated, Is given by the
operator In the tower.
The Fireman's Statement.
w. T. Bailey, COZ l. street southeast, was
firing on Engineer Parsons engine Satur-
day night. He explained that he received
signals from the left of the engine and re-
ported them to the engineer. The dwarf
signal showed white, the witness stated
and he so informed the engineer Witness
said that hand signals We're also given
The dwarf signal, he stated, Is operated
from the tower and the white light Sunday
night indicated that all the tracks, 2, 3, a
and o, were clear. Conductor Moore, the
fireman stated, received his orders from the
yardmaster and transmitted them to the
engineer. Witness remained In charge of
the engine after the accident occurred and
did not go to the rear of the train.
Members of Crew Testify.
d. b. Shields, 1875 New Jersey avenue
southeast, testified that he was working
with Conductor Moore's crew Sunday night
ard was on the rear platform of the Pull
man car Fairfax when the collision oc-
CURED. When the train was taken out from
the yard stop was made north of the
signal tower. The witness said that Con-
ductor Moore and Brakeman De Neale were
on the same car.
Witness told the jury that the signal re-
ceived indicated that the track was clear
and Moore and De Neale transmitted the
signal to the fireman and engineer.
AS soon as they gave the signal they
stepped upon the car and did not see the
dead cars on the race track siding until the
accident occurred. Witness was on the
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