Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-24
CREW HELD BLAMELESS
Charge of Manslaughter Not Proved,
Jury Decides.
DEFENDANTS LEAVE FOR HOME
General Handwriting and Congratu-
lations in the Courtroom-Story
of the Disaster.

brand, Conductor Frank F. Hoffmier.
Fireman Ira c. McClelland and Brake
man Ralph Rutter, the crew of train
212o on the Baltimore and Ohio railroad
charged with manslaughter in connection
with the deaths of Theodore l. King
and twoscore other persons in the wreck
at Terra Gotta, D. c., December 40 last
was ended shortly before S o'clock last
evening. when the jury rendered a YER
dict of not guilty as to each of the de-
PENDANTS.
On motion of Attorney Bendheim Jus
tice Stafford Immediately entered the
formal order discharging the four men
from custody
Comparatively few persons were in the
courtroom when the verdict was re-
cefved. and. most Of them being friends
of the four accused men. the verdict
was the signal for general handshaking
and congratulations Leaving the court
room where they had been on trial for
the past two weeks the members of the
crew accompanied their counsel, Attor-
neys Davis and Bendheim. to the latter's
office, and later in the evening departed
for their homes in Baltimore.
Charge to the Jury.
Justice Stafford began his charge to
wiz JAWS al d " SioCh yesterday, ana at
$50 o'clock the case was given into
their hands. After less than three hours
deliberation William A, O'Brien, who
had been chosen foreman, notified Deputy
Marshal Roberts that verdict had been
reached. and the latter, in turn. carried
the report to Samuel Hawken, the clerk
of Criminal Court No. I. Justice STAFF
ford was notified by telephone. and
reached the courthouse at TAO o'clock
The defendants pinH Nv boir
attorneys. had preceded him several min
utes, and they were in their accustomed
places. Engineer Hildebrand and Con-
ductor Hoffmier were manifestly anxious
as to the result. but Fireman McClelland
and Brakeman Rutter. both much younger
men, seemed merely curious.
Formal Questions Asked.
Clerk Hawken called the roll and asked
the formal question if the jury, had agreed
on a verdict.
We have" Foreman O'Brien responded
do you find the defendant. Harry H.
Hildebrand, guilty not guilty as to the
first count of the Indictment"
Not guilty responded the foreman
AS to the second COUNT" asked the
clerk
Not guilty" again responded the fore
man.
The clerk repeated the same questions
ceived the same reply.
Disaster Year Ago.
The wreck out of which grew the trial
of the four men occurred at Terra Gotta,
d. c., about a mile from Brookland. De-
cember 30 last on the Metropolitan branch
of the Baltimore and Ohio railroad The
train wrecked. No SO. was known as the
Frederick local, and the night in question
was crowded with passengers from the
numerous way station en- route to Wash
ington.
1t was pulling out of the station at
Terra Gotta when engine 212O the heavi-
est engine on the Baltimore and Ohio.
drawing eight empty equipment coaches,
ran into its rear. completely splitting
every coach except the baggage car, and
carrying the wrecked train with it for a
distance of nearly quarter of a mile
About thirty persons were instantly
killed and thirteen died afterward MAX
ing the total death list forty-three. More
than score were more or less seriously
injured The railroad company has al
ready paid more than $3.50 600 in damage
suits, and other suits are pending.
Further Prosecution Unlikely.
ut would be useless for the government
to seek the Indictment of any one else in
connection with the Terra Gotta case if
the trial must be held before petit Jury
similar to the one which heard the evil
dence and the arguments in the cases of
Htldebrand, Hoffmier. McCleIland and
Rutter." United States Attorney Baker
said today in discussing the outcome of
the trial: 1.-The government would stultify
itself II it should call the same witnesses,
as it would of necessity be compelled to do,
to testify to the same series Of facts as
applying against any other person or
persons.
The statute of limitations applying to
the charge of manslaughter expires in
three years, SO there remain more than
two years in which any newly discovered
evidence might be applied in the Terra
Gotta case. That anything additional will
be brought before the grand jury, how
ever, is regarded as very unlikely