Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-21
TERRA GOTTA WRECK
Discussion of Prayers for In
structions to Jury.
END OF EVIDENCE REACHED
Question Of Negligence as Applied
to Defendants.
EXERCISE OF DUE CAUTION
summing-Up Arguments by Counsel
to the Jury Scheduled to
Occur Monday. =
EXERCISE OF DUE CAUTION

session of Criminal CourtJN today In
the case of Harry H. Hildebrand, eng!-
neer: F ank F. Hoffmeier. conductor; Ira
McClelland, fireman. and Ralph Rutter
brakeman, the crew of train 2120, on
trial the past two weeks on the charge OF
nanslaughter in connection with the
deaths o Theodore I. King and others In
the wreck at Terra Gotta last December
The presentation of evidence for anc
against the four defendants was conclude
yeste day afternoon, and final arguments
will be made before the jury Monday.
In a general way Attorney Henry E.
Davis, combating certain features of the
prayers of the government and in sup
porting the points which 1t Is desired to
emphasize before the jury in behalf of
the defendants declared 1t must be con-
sidnred whether the care exc cisad by tn /.
train crew was equal to the situation.
What Prosecution Asked.
The prayers prepared by United States
Attorney Baker. which will form the basis
of the arguments concerning thu respon-
sbility of the train crew as finally pre-
sented before the jury. dealt with the
question Of negligence as applied to each
of the four indicted men. According to
one Of them, If the jury finds that any
OF the defendants neglected to perform
the duties imposed upon him, and as a
result Of such negligence the collision and
deaths resulted. they must find each de-
PENDANT who neglected to perform the
duty imposed upon him to be guilty.
Another prayer deals with the same
questions in different way-that the de-
PENDANTS are guilty If the jury finds that
they failed to exercise due caution in ap.
preaching or passing the station at Ia
koma, and If they ran the train at a
greater rate Of speed than reasonably pru-
dent men would have done under like
circumstances. Still another prayer acts
practically as a caution to the jurors that
they must consider the deep personal in
terest which the defendants have in the
outcome of the case in weighing the cred
Utility Of their testimony.
Prayers Of the Defense.
The first of the prayers for the defense
specifies that the jury, to find the defend
ants, or any of them, to be guilty, must
find from the evidence that the collision
and deaths following were the result Of
neglect on the part of one or all of them
to perform some act which 1t was his or
their duty to perform.
Another sets out that the defendants
should be found not guilty II the jury de-
cided that they honestly and intelligently
exercised their judgment in respect Of
what they were doing, even though such
Judgment proved to be erroneous. The
third prayer aroused considerable objection
from the government and it was with
drawn, but the fourth declared It neces-
sary, before the defendants could be ad-
judged guilty. for the jury to first con-
each defendant and attending the COM
mission or omission of any act by him as
disclosed by the testimony.
As to Negligence.
The fifth prayer declared it necessary
for ha j,,pxy tn 40 L..
PENDANTS were really negligent, ''in the
light OF the situation in which they were
and all attending circumstances, as the
said situation and circumstances pre-
scented themselves to the eyes of the de-
PENDANT on the occasion under inquiry,
and not as the same may have appeared
to other and different men similarly stu
ated.'
Dealing with the question of the extra
ma, the defense asked that Justice STAFF
ford charge the jury that the failure Of
the defendants to see the Takoma signal
was not sufficient to imply guilt. unless
the jury should further find that the
failure was due to negligence in not look
ing for or endeavoring to see the light. =
The last of the series of prayers covered
the question of the duties imposed upon
the crew of train 2120 by the passing Of
'double-g green" signal at Silver Spring
PIOSiuCO tEc jury siioulU IEOIH Ine
evidence that double green" was there
displayed.
Close Of the Evidence.
The presentation of evidsnce was con-
cluded at the session yesterday afternoon.
John j. German, clerA in police head
quarters last December, who was on the
stand when The Stars report closed
Identified typewriter statements which
ne said he had transcribed from notes
after being present at an interview be-
tween Detectives Parham and OBrien
and the members of the crew of train
212O. Mr.. German testified that Brake
man Rutter had said the equipment train
was running at rate Of thirty-five miles
an hour when 1t struck lie Frederick To-
cal at Terra Gotta station.
William w. Zepp. a trainman, who saw
Ruttar shortly after the wreck. testified
that the latter told him that when train
&c. was struck the equipment train wa:
travelling at speed Of Atty miles an
hour.
Charles L. Todd. a conductor. and in
December last acting assistant trainmas-
ter, testified that he had instructed Hide
brand. and never recalled telling MIN that
an engineer could take signals from his
fireman.
Policeman Houser. who placed the men
under arrest. testified that Aiildebrand
told him that he looked tor q signal at
Takoma and that he saw that It was tiled
GOWN, lnat Is, the station was out or
commission, and Policeman Bean. who
was present at the time. corroborated TINS
statement.
Charles e. Ramsburg. the operator at
University station, was recalled to the
stant. and testified that between 5:vu and
o'clock of December % he sent no mes
sage to the operator at Silver Spring con-
corning a work train being In the block
between University and Silver Spring, and
there was none.
REPUTATION Of Testimony.
Further REPUTATION Of the testimony of
Engineer Hildebrand was offered by Supt
Galloway of the Baltimore and Ohio rail-
road, who declared that the company
never issued special orders IN -oggy
weather. The witness also said there was
no rule or custom of the company which
required passenger train, running under
the block system, to protect itself except
under an extraordinary condition. And
such conuItior as this. Adr Galloway
said did not exist on the Metropolitan
branch December 30 last, SO lar as the
Frederick local and the equipment train
were concerned 81,
Attorney Davis, in presenting sur-rebut
tai for the defense. called Engineer Peer
and Conductor Owen, who were in charge
of train No. Is. and Operator Moore, who
by whom he proposed to contradic. Opera
tor burrows statement that train Ii was
improperly let into the block between
Kensington and Silver Spring the night
of December 80. United States Attorney
Baker made objection that the evidence
sought to be adduced was irrelevant and
the objection being sustained by Justice