The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-08-10

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officials of ttse Baltimore and Ohio
Railroad. both here and in Baltimore,
refuse to discuss kthe action OF the grand
Jury in returningi indictments for man
slaughter agains1. the members Of the
extra train that caused the wreck at
Terra Gotta Staten on the night Of De-
cember 80, 1906.
Although bench warrants have been is
sued for the arrest of Fireman McClel-
Ian and Brakeman Butter, who were not
arrested after the coToner's inquest. they
have not yet been taken into custody, nor
have Hildebrand and Rutter been rear
rested for the purpose Of having their
bonds renewed.
Hildebrand is no longer employed with
tile Baltimore and Ohio, but is travelling
for the Baldwin Locomotive Works, al
though making his home in Baltimore
Brakeman Ralph RuUer was the only
member Of the crew who could not be
located either In Washington or Baltimore
last night Rutter SEEMED so badly
frightened when told that he had been
indicted that he had no comment 10
make. Honmeier and Mcclellan are both
stin in the employ OF ths company, bat
could not be found last srdght.
Dutrow Not implicated.
When It became known yesterday that
Operator Durr0w. OF SilveE' Springs. had
rot been implicated by the grand jury
although held under 5000 by the action
Of the cor0ne-s jury at thesinquest held
over the remains Of Theodore King. one
Of the victims of the wreck. the verdict
was approved by many people who fol-
lowed the wreck investigation closely.
He Will be released from mis- bond, as
viii also b /. NcTmilliOH, engineer OF
train No. G5; ?. F. Dent. trairs dispatcher
at Baltimore, Nd: William 4 McCauley,
assistant division operator at Baltimore;
George W Nagle, conductor Oh train No.
C6, and J. w Kelly jr,, trainm istcr, Bal
timore and Ohio Railroad.
District Attorney Baker could Inot state
when the cases OF the men WIZ come up
for trial but all viii be compelh7d to fur
nish proper bail or await the courts ac-
ton in Jail
P J. Collins has acted as surety for
Engineer HIldebrand and ". c. Stewart
for Conductor Honmeier, each being held
in the sum of 5000
Other railroad men here did not care
TO discuss the action Of the grand jury.
Charges Granddaughter.
The indictment is in two counts and
charges the crime Of manslaughter, alleg-
ing also the disregard Of signals andtthat
train 2I21 was recklessly handled byt the
crew, being operated at the rate OF nifty
miles an hour through a dense fog. Train
No. CO, il is said, was known TO the Grew
10 be a local train on Sundays. and Twas
generally known 10 make many stops.
making II mandatory outside Of any or
ders that due care and caution should be
exercised by the crew OF any train fol-
lowing
Following a description Of the block
system on the line of railway operated by7
the Baltimore and ohio Railroad between4
this city and Rockville It IS said that onI
December 30 train No. IS, IN charge Of En-
gineer Nermillion and Conductor George
W Magic. reached the signal station at
Takoma before the hour Of $50 .. m. andi
upon receiving the proper signal passed.
into the block beginning at the station of
Iakoma and ending at University Station.
Disregard of Duty.
At the same time train No. el20 entered
the blpsk. notwithstanding there was dis
played a red light, which was an impera-
tive direction to the four men named in
the Indictment TO stop and refrain from
entering the block. This alleged disregard
Of duty Of the four defendants is set forth
In the Indictment. as follows:
That Henry H. Hillebraud then and there wholly
neglected his duty as such locomotive engineer I'M
lawfully and ieoLi0usly did neglect aud omit 10
carefully watch Tor and 10 the said rel light SO
displayed al TakoIla. and % stop the said train In
obedience 90 the same but unawfullv and feoni7us-
did lgfUriV said md f-,+.-
with and run the said train Of Clrs III and through
te SAID block between said stations 4 Takma and
University and n SO DONG did cause The locomotive
engine attached % the train last mentioned 10 clne
into violent contact and collision with In. rear
end or the train No. 6. That Ira C. Mcclellan
wholly ncglecting his duty as such fireman unlaw-
inly and feloniCusly did neglect and omit 10 care
iuly watch Tor and 10 see the said rcd light dis
PLAYED at Takom8 and 20 report the same 10 Hide
brand as locomotive engineer
That the said Prank +. Hofmeier wholly NEGLECT
ing BIS responsibility and duty such conductor
unl2Wtuly dlL neglect aud omit 20 carefully watch
for and 20 the said red light s, disrlsvfd at
said signal station az Tas0ma for the government If
the sud tram Cf cars. and % see that HiI3cbraud
as sucI locomotive engineer, stopped the train i'm
oDeiience 70 the signal that Ralph Butter wholly
neglerting his duty as brakeman uulavftI'v and
teionious-y aid neglect and omit 10 carefully watch
Tor and % see the said red light 50 DISPLAYED al
said signal station q TaE1m1 for the government az
said taia aud % see that the said Hildetrand as
such locomotive engineer. Cbeged the said SIGNAL
and tosrpport 20 the said Hodmeier. as such con-
duct0r If said train. the ds1bedieuca Of the said
signal on the part Of 'the said Hildebrand as slrh
locomotive engineer.
And that by means Of such contact and collision
caused and occasioned by the negligence Of them
they the said Henry H. Hi5chraud Ira C. Nc.
Clellan. Frank +. HodneieT. aud Ralph Ruttor in
and upon Theodore /. KING, passenger on tram
No. 6 did then and there uHlawfaIly and feloni0ls-
ly make assault. and 90 him, the said Theodore
]. King. miaWfully and felon0usly did then and
there give and cause to be given divers mortal
wounds. bruises and fractures In and upon the
skull and n upon the right lcg Of him. tie SAID
Theodore J. King. Of which said mortal wounds
bruises. ard fractures the said Theodore l. King
teen and there instantly died.
aud So the grand jurors aforesaid upon their cath
aforesaid. do siy that The said Henry H. Hide
bTsnd. The said Ira e. Mcclellan. the said Frank
F. H5fmeicT. and the sud Ralph RutteT him the
said Theodore J. King in manner and form afore-
said nd kn and STAY; against the form Of the
s,arate ia such cases made and provided, and
agaihst the peace and government Of she said
United states
Financial Loss Heavy.
Tne financial loss TO the Baltimore and
Ohio Railroad Company by reason of the
wreck is estimated at $4,000. The rec
ords{ OF the District show settlement of
elaiuls in the aggregate of Sl00O90, and il
IS understood that nearly 10 claims We're
made against the company.