The Washington herald., 1907-12-24

Jury which had been listening to the tes-
timony in the case OF Engineer Harry H.
H!ldeb-and. Conductor Frank F. HoH-
meier, Fireman Ira c. MeCleIland. and
Brakeman Ralph Rutter, at 7.4O last night
returned a verdict Of not guilty, and the
men We're discharged. They We're charged
with manslaughter in connection with the
wreck at Terra Gotta December 80 last.
The jury sent word BY a deputy mar
shal to Clerk Hawkens that it was ready
to report The clerk telephoned for
Justice Stafford who was at dinner. and
le sent word that he would be down to
he courthouse at once. Upon his arrival
he ascended the bench, and the jury was
Ient for
The train crew, which was across the
street in Attorney Bendheim's Office. ar
rived fifteen minutes before Justice Stat
lord, and took their accustomed places.
When the jury filed in. there was a look
Of intense anxiety on the faces OF Engi-
aeer Hildebrand and Conductor Hohmeier.
but the look on the faces OF Fireman Nc
Clelland and Brakeman Rutter, both men
about twenty-five years old. was more Of
curiosity than anything else. Clerk Haw-
kens called the roll. and then asked if the
jury had agreed upon verdict.
Verdict of Not Guilty.
we have" responded William 4.
O'Bnen, the youngest man on the jury.
who had been elected foreman.
DO you find the defendant. Harry H
Hildebrand. guilty or not guilty as to
The first count OF the indictment
Not guilty responded the foreman.
AS to the second count?' asked the
clerk
Not guilty" again responded the fore
man.
The clerk repeated the same questions
with regard TO the other men. and re-
ceived the same reply. Attorney Bend
helm at once moved for the discharge Of
the men. and Justice Stafford formally
discharged them
The train crew shook hands all around
with the jury. and accompanied by their
attorneys went to Mr.. Bendheims Office.
later all going TO Baltimore, where they
reside
There were not more than twenty per-
sons present in the court when the men
We're acquitted. outside of the court at
tendants and lawyers. and these were
made up OF officials Of railway brother
hoods with which the men are identified.
Justice Stafford began his charge TO the
jury at o'clock and finished at $40.
In the course Of the charge he instructed
the jury as % what the Indictment
charged. and that under its terms it
would be possible to find any one or all
OF the defendants guilty or not guilty.
The Opening Statement.
The opening statement to the jury was
made by Assistant District Attorney Tur-
Eer. and he was followed by Attorney
Charles II. Bendheim for the defense.
Attorney Henry E. Davis. for the de-
fense. followed Mr.. Bendheim. and the
closing argument for the government was
made by District Attorney Baker.
In his opening statement, after review
ing the evidence. Mr.. Turner denounced
the defendants for what he termed their
"wanton. criminal, and murderous care
lessness.'
Attorney Bendheim reviewed the evi-
dence at length in his opening statement
for the defense, and said that the four
men started on their journey at Wash
ington Junction as they had started on
numerous others without the slightest
intimation that such a terrible misfor-
tune would mark its end. At the time
they arrived at Silver Spring 6:1 D. m,
he said, according 20 the time table,
train 66. the Frederick local. was due in
Washington, end when they received a
double green at Silver Spring they had
the right 10 assume that the train was
in Washington. having received no in
formation to the contrary.
The Closing Argument.
When court recOnvened, Attorney Davis
began his closing argument on behalf Of
the defense. Mr.. Davis said that time
was the vital thing in the case under
consideration, and that it turned upon
two minutes in one OF its aspects.
''WhO knows better than railroad men
the value of minutes?' he said. In this
connection, want TO call your attention
to a remarkable circumstance. Accord
ing to Operator Dutrow's statement on
the witness stand. the Frederick local
passed Silver Spring at 6:21 and extra
212o at Cos. and yet we find that the
other side has made no effort TO produce
before you the train sheets which would
show the correct time those trains
passed"
Baker Urges Conviction.
District Attorney Baker followed Mr..
Davis. He reviewed the progress of trains !
66 and 2i20 down the line from Washing
ton Junction to Terra Gotta, calling at
tention to the violation of one of the
company's rules at Boyds, in the can
ductor not getting his proper clearance |
card.
He then severely criticised the men
for running by Randolph. a station be-
tween Rockville and Silver Spring. not
withstanding the fact that no signal at
all was E'-cIayed there, although it
lacked nearly quarter of an hour before
the regular closing time Of the station
IF these men had been obeying the
rules as they should that day, gentle !
men of the jury" no said. "and had
stopped 70 ascertain why no signal was