The Washington herald., 1907-12-12

Charles w. Galloway. OF Baltimore,
superintendent of transportation OF the
Baltimore and Ohio Railroad. was the
first witness yesterday in the trial Of the
crew OF the equipment train which on De-
cember 30 last ran into No c. the Fred
erick local. at Terra Gotta. ID. c. The
indicted men-Harry II. Hildebrand. engi-
neer; Frank f. HOffmeier, conductor; Ira
G c. Mcclellan, fireman, and Ralph Rut-
ter-when arralgned entered pleas of not
guilty TO the indictment charging them
with manslaughter.
Before the men were arraigned Attor-
neys Henry Z. Davis and Charles H.
Bendheim. who represent them. filed a
plea of abatement, which was held by the
court to be insufficient after demurrer
by the government The plea claimed
immunity for three of the defendants,
Hildebrand, Hoffmeier. and Mcclellan. on
the ground that they had been summoned
before the Interstate Commerce Commis-
sion shortly after the wreck, and VI der
oath had been compelled TO testify. The
attorneys claimed that by reason OF this
subpoena 10 testify they were subject to
the immunity provided by the interstate
commerce act. As both sides admitted
that the inquiry related to block signals.
and not to the wreck. Justice Stafford
held that the testimony given relating TO
the wreck was collateral From this de-
cision the attorneys for the defense noted
an exception.
Beef Packers Precedent
The immunity clause sought 10 be in
voked by Attorneys Davis and Bend
helm is the one that was successfully
Invoked by Attorney John S. Miller in
behalf of the beef-packers
Assistant District Attorney Turner
opened the case FOR the government. ex-
planning to the jury what the indictment
charged. Briefly. he said. it charged the
men in the first count with causing the
death Of Theodore ]. King by negligence
in running by Randolph. a station west
of Rockville, notwithstanding the fact
that at the time. some time before $50
p. m, this station was, according 10 the
rules Of the company, open. and some
sort of a signal should have been dis
played. Mr.. Turner said that the gov
ernment would show that no signal was
displayed and that it was the imperative
duty Of the engineer and the other men,
bers of the train crew to stop and ascer-
tain why there was no signal
The second count of The indictment
charges the men. Mr. Turner said. with
running by a red signal displayed at
Takoma Park. and with causing the
death of Prof. King and the others who
lost their lives.
The government would show by numer-
Gus witnesses, Mr.. Turner said. the
movements OF both the equipment train
and the Frederick local from the time
both left Washington Junction on the
day In question. He said that the pas
senger train was due in Washington at
Ga under its normal schedule. but that
on Sundays. on account Of extra stops
between Gaithersburg and Washington.
il is generally late, and that the men
in charge Of the equipment knew the reg
ular schedule OF the passenger train, and
the conditions prevailing on Sundays.
Mr.. Turner said II would be shown that
train No. So passed Takoma Park at go.
and that It was the duty OF the operator
aL
until the operator at University Station
notified him that the train had left the
block. and that the operator had kept
his station opened, and had a red light
displayed when engine No. 2120 with seven
or eight empty coaches thundered by at
a rate OF speed estimated at fifty miles
an hour. He said that II would be shown
that the equipment train reached Silver
Springs at 6:2S. and there received a
white light, which allowed it to proceed
10 Takoma Park.
'Tf the government succeeds in show
ing" said Mr Turner in conclusion, that
these men violated orders Of the COM
pany. ran by signals, and We're grossly
negligent. and ran this train recklessly-
and shows that If they had used the
proper precautions, that dreadful trag-
edy would have been averted, we will ex-
pect a verdict of guilty in the case OF
each or OF such as are shown to be re-
sponsible."