The Washington times., 1907-08-09
FOUR INDICTED FOR
TERRA GOTTA WRECK
(Contlnued from Is PageO

train last mentioned to come into vio-
lent contact and collision with the rear
end OF the train No 66. That Ira c.
Mcclellan wholly neglecting his dEty as
such fireman. unlawfully and leloniously
did neglect and omit to carefully watch
for and to see the said red light dis
played at Takoma. and 10 report the
same TO Hildebrand, as locomotive en-
ginCer.
Participation of Crew.
That the said Frank F. Honmeier.
wholly neglecting his responsibility and
duty as such conductor, unlawfully did
neglect and omit 10 carefully watch for
and to see the said red light so dis
played at said signal station Of Takoma
for the government Of the said train of
cars. and to see that Hildebrand as
such locomotive engineer. stopped the
train In obedience to the signal; that
Ralph Rutter. wholly neglecting his duty
as brakeman. Unlawfully and felOn-
Ously did neglect and omit 10 carefully
watch for and 10 see the said red light
so displayed al said signal station OF
Takoma for the government OF said
, train, and 10 see that the said Hide
! brand, as such locomotive engineer.
| obeyed the said signal. and 20 report 10
the said Hommeier as such conductor
OF said train. the disObedience OF the
said signal on the part OF the said
liildebrand, a s such locomotive engineer.
And thar by means Of such contact
and collision caused and occa stoned by
the negligence Of them they, the SAID
| Henry H Hildebrand. Ira c. Mcclellan,
| frank +. Hoffmeier. and Ralph Rutter.
/ In and upon Theodore !. King a pas
senger on train No. S.. did then and
tnere unlawfuliy and feloniously make
an assault, and TO him. the said Theo-
| dore !. King. unlawfully and feloniously
: did then and there give and cause 10
! he given divers mortal wounds. bruises
! and fractures In and upon the skull and
/ IN upon the right leg Of him. the said
| Theodore l. King. Of which said mortal
| wounds. bruises. and fractures the said
| theodore, / King then and there in
| stantly died.
"Did Kill and Slay."
And so the grand jurors aforesaid,
upon their oath aforesaid. do say that
/ the said Henry II. Hildebrand. the said
1 Ira c. Mcclellan the said Frank +
HoHmeier, and the said Ralph Rutter,
! him the said Theodore I. King In man
\ ncT and form aforesaid did Kill and
slay; against the form Of the statute
/ in such case made and provided. and
! against the peace and government Of
I the said United States"
! The Indictment contains two counts.
| the second Of which is practically stated
/ In the first count. II states in addition
4 that train No. 2ll0. which left Washing
| ton Junction. was running at high rate
/ of speed. nearly fifty miles an hour.
| and IN disregard Of all signals, and that
! IL approached University station az a
/ greater rate OF speed than allowed by
/ law when coming into a terminal At
( Randolph station. * Is stated, the crew
| Of the runaway train did not get a sig
! nal, and under the rules OF the system,
/ the matter should have been tuvesti-
| gated then. Il IS also stated that the
| night IN question was dark and foggy
| and that a greater amount OF care
| should have been exercised.
Generally Late.
Train No. 66, # is stated. was known 10
the crew 20 be a local train, which
stopped al the various stations along
the line. and that generally It was be-
hind time. making II mandatory, outside
OF orders. for any train following 20 ex-
ercise due diligence and care IN the
operation OF it's train.
William ". Dutrow. telegraph opera
tor at Silver Springs. Nd. under 5000
bond: 3. l. VermilliOn. engineer OF train
No. 66; +. T. Dent. train dispatcher al
Baltimore. Md: William Z. AIcCauley
assistant division operator at Baltimore;
George ". Nagle. conductor train No.
g. and J. W Kelly. jr. trainmaster
| Baltimore and Ohio railroad, who were
held after the coroner's investigate
over the remains Of Theodore !. King
| and whose conduct was in vestigated by
the grand jury. were eXCnerated OF al
: blame for the disaster.
| District Attorney Baker this after
, noon asked that a bench warrant be is
sued fer Mcclellan and Rutter and 4
IS expected that they viii be served