The Washington herald., 1907-12-21
Terra Gotta Wreck Case to
Be Argued Monday.
WILL GO TO JURY THAT DAY
Assistant District Attorneys Swear
Engineer VermiIIiOn Made Confess
tween Accused Men end They Plot
ted Lie 10 Protect Themselves.

and Brakeman Il .lph Rutter, who are
charged with manslaughter in connection
with the deaths growing out of the wreck
az Terra Gotta on December 80 last,
closed yesterday, and the case viii be
given TO the jury some time Monday after
noon. To-day District Attorney Baker
and Assistant District Attorney Turner,
on behalf OF the government. and Attor-
neys Henry T.. Davis and Charles II.
Bendheim, on behalf OF the indicted
men, will argue the prayers which Will
be presented on Monday each side win
be allowed two hours for final argument.
Practically all Of yesterdays proceed
ings were occupied by rebuttal evidence
put in by the government contradicting
the testimony of the train crew, and
testimony given by Engineer Vermillion,
OF train 66, which was wrecked. Testi-
mony of an apparently startling nature
was given by Assistant District Attor-
neys Given and Proctor as TO a confession
made 10 them by Engineer Vermillion
that he had sworn falsely before the
coroner's jury. and that as a matter OF
fact a white light was given his train at
Silver Spring, although he swOre that
double green was given. The two as
sistant district attorneys testified that he
told them in the district attorneys office
that the train crews got together imme-
diately following the wreck and on ac-
count of the fellowship" prevailing
among them as railroad men had agreed
TO support Engineer Hildebrand's state
ment that a double green was given.
Judges Charge Lowers VnIue.
The effect Of this testimony appeared
to be very much neutraliZed when Jus
tice Stafford. at the request Of Attorney
Davis. stated to the jury in what light
they should look at this testimony of the
two assistants. Justice Stafford instruct
ed the jury that they should treat the
testimony simply as impeaching the We
racity OF Vermillion, and should not treat
it as evidence that the crews had gotten
together and agreed upon a story.
Several witnesses fatty contradicted
the testimony Of the train crew as TO
statements they made on the night Of
their arrest.
The defense occupied about fifteen min
Utes OF the session Of the court after the
.f /
case. Engineer Hildebrand was recalled
to the stand and corrected a statement
made yesterday as to an engineer an
swerlng a signal. and he said that IL was
not necessary for an engineer TO see a
signal change when he approached a sta
tion. Baggagemastcr Norris was also
recalled, and he testified that he tried 10
grab the conductors clearance card at
Boyds as the train was moving but
failed and the operator called TO him
that 1t was all right. On cross-exami-
nation. District Attorney Baker directed
attention to the fact that on direct ex-
animation Norris had stated that he had
not seen the clearance card AZ Boyds
John G. Austin. telegraph operator at
Boyds, was called. and he testified that
the speed Of the equipment train AT
Boyds was between thirty-five and forty
miles an hour. and John Williams. also
an operator and the agent at Boyds tes-
titled that the train was running at about
that speed.
Brakeman's story OF Light.
Policeman John P. Kennedy was re-
called to the stand. and he detailed a
conversation ne had with Brakeman Rut-
ter on the night OF the wreck. which con-
versation Rutter, on cross-examination.
denied. Policeman Kennedy testified that
when on the way down the track from
TakOm4. after he had learned Of the
wreck. he met Rutter. and asked him:
why did you pass the red light at
Takoma?"
To which Rutter replied:
THE light was white when ! saw II.
Kennedy said he then remarked to the
brakeman:
'Tn be ID if you saw it then
Policeman Lightfoot. Of the Tenth pre-
cinct. who was in charge OF the train
crew at the station house while they were
washing up there, testified that Hide
brand told him he saw a white light at
Silver Spring. The policeman said he
asked the engineer what this meant. and
the engineer told him it meant a clear
track.
William Dutrow. the operator at Silver
Spring. was called TO the stand. and he
testified that he gave train 66 a white
light and also gave train 2120 a white
light when they passed on the evening of
December 50.
Attorney Davis cross-examined the op-
orator at considerable length. but the
witness denied having let another train.
I
wreck, Notwithstanding the fact that
there was a train in the block. He de-
nied that he had done So Dutrow said
| that at the time of the wreck he had
been operator at Silver Spring only three
or four days.
Detective Parham was called to the
stand 10 testify as to statements made to
( him and Detective O'Brien on the night
of the wreck by the train crew, but was
not allowed to testify. as he could only
answer questions by refreshing his mem
ory from the transcript of shorthand
notes taken by another person.
What VermiIIIOn Said.
Assistant District Attorney Proctor was
placed on the stand at the beginning of
the afternoon session.
Did Mr.. Verminion say to you that he
got a white light at Silver Spring on
December 80 last?" District Attorney Ba-
ker asked.
He did"
Mr.. Davis made strenuous objections
to Mr.. Proctor testifying, on the ground
that there was no basis established for
the questions. but he was overruled, and
Mr.. Baker continued.
Did he go out of the room at the time
and bring in his fireman, Crawford. and
say, Now, tell the truth, and tell them
: all about it2 -
He did
Did not Mr.. Verm!llion say. on that
occasion, that the crews Of the two trains
got together Immediately after the wreck
and made up the story that double green
; was the signal given at Silver Spring.
He did
| Continuing. Mr. Raker osl-ad hi, 90