Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23
At THE WHITE HOUSE. ARGUING TO THE JURY
President Coners With Pacific Attorneys Sum Up in Terra
Coast Representatives. Gotta Wreck Case.
DEFENsEs OF THAT SLOPE VERDICT PROBABLY TODAY
Senator Flint Just Misses Hit Opening by United States
From Big Globe Attorney Turner.
THREE ,p0ssUMs RECEIVED "MURDER0US CARELESSNESs'
Government Counsel Severely Ar
Gainesville raign Defendnts-Contention
and Third From bdssissippi Of Of a
Attorneys Sum Up in Terra
Gotta Wreck Case.
VERDICT PROBABLY TODAY
Opening by Assistant United States
Attorney Turner.
"MURDER0Us CARELESsNEss"
Government Counsel Severely Ar
raigns Defendants-Content
Of Representatives Of Men. al

The last chapter in the trial of Harry
Hildebrand, engineer: Frank F. Hofrmier,
conductor: Ira c. McClelland, fireman.
and Ralph Rutter. brakeman, the crew
of Baltimore and Ohio train No. 212O. on
charge of manslaughter for crashing into
the Frederick local at Terra Gotta sta
tion December 80 last, and causing the
deaths or more than twoscore persons.
Is being written before Justice STAFFORD
In Criminal Court No. 1 today Ali evi-
dence was placed before the jury last
week, and today opposing counsel en-
tered upon the summing-up arguments
to the jury.
Assistant United States Attorney Tur-
ner opened for the government to be
followed in turn by Attorneys Bendheim
and Henry E. Davis. for the defense.
United States Attorney Baker wiz Close
for the government late this afternoon.
and Immediately afterward Justice Stat
ford will deliver his charge. The four
defendants may know their fate before
the day has ended.
Charges "MurderouS Carelessness."
Assistant United States Attorney Tur-
ner arraigned the four defendants for
less. criminal carelessness, murderous
carelessness." He covered every detail Of
the journey of the equipment train. No.
2l2O, down the Metropolitan branch Of
the Baltimore and Ohio railroad the even
ing of December 30 last, but devoted most
attention to the events which were crowd
ed into the two or three minutes after
the extra dashed past Silver Spring, pass
ed the red target at Takoma and crushed
out scores of lives as 1t overlook the
Frederick local at Terra Gotta station.
What signal was required to be dis
played at Silver Spring at 6:2S or $50. or
even o'clock or eight o'clock, If the
station at Takoma was not closed?" Mr..
Turner queried and answering the question
he said: TT couldn't have been an mad
vertence which would show the double
green at Silver Spring. 1t could not be
displayed by the mere accidental pushing
of the signal lever. 1t would have had
| to be q most serious blunder. The double
green signal could not be made. unless a
green hand lantern was hung out on the
| mast-and Mr.. Trundle and Mr.. Hewitt
| have told us, In corroboratton Of Operator
Dutrows story, that the only green hand
sitting on the floor. beneath the opera
tors table, when train 212O passed"
Mr.. Turner declared that no one accuses
Mr.. Trundle or Mr.. Hewitt, or even
case, it be the defendants themselves.
as TO Alleged Agreement.
Besides referring to the testimony of AS
sistant United States Attorneys Proctor
and Given, concerning the alleged state
ment of Engineer Vermillion about the
agreement between the crews of trains
2120 and 66. as tending to impeach Yer
million, Attorney Turner spoke of the
duty which would have devolved upon the
crew of train 66 If they found Takoma
no
green at Silver Spring
TT would have been their first duty to
call the matter to the attention of the
operator at Takoma and have him call
the Silver Spring man to account over the
WIRE, the speaker added. But I ask
you in all frankness. do you really be-
lieve Engineer Hildebrand or Conductor
Hoffmier or Fireman McClelland saw the
double green signal?"
Did they act as though they believed a
train might be ahead of them in the
block using the cross-over switches at
Terra Gotta or University? Did they ap-
cautious manner which would Indicate
that they expected to see f1agman or
other signal?
mo" These men are not brigands or
desperadoes. They did not Intentionally
crash into the passenger train and crush
out the lives of scores Of human beings
But l say to you that Hoffmer did not
see a white target at Randolph, where
lHeTe WIS no llSHl QiSpldyeQ. he 0id
not see a double green at Silver Spring.
where there was a white target. He
saw nothing at Takoma, where the red
light flashed out its warning"
The assistant United States attorney
concluded his argument by declaring that
he crew of 2120. while honestly believing
he block ahead of them to be clear.
coasted down the incline at a high speed
| in the same spirit that boy would coast
| down hill on his sled-but animated by
the desire to get to Baltimore, and to the
end of their days labor as soon as pos
sible.
Opens for the Defense
Arguing for the defense, Attorney Bend
helm dwelt upon the fact that the four
trainmen started on their last journey
without the slightest intimation that such
terrible misfortune would mark it's end.
They had right to assume from the Of
fetal schedule that train No. 66 was in
the Washington terminal long before they
passed Silver Spring, he said, and the
double green signal received at Silver
Spring offered still more apparent proof
that No. 66 was at the end of Its journey.
Mr.. Bendheim referred to the testimony
of Engineer Vermilhon and Conductor
Nagle of train No. 66 and to the evidence
given by all Ave members of the crew of
the equipment train. that the signal dis
played at Silver Spring was double
green"
THE witnesses for the government may
have misjudged the distance 2120 had
passed the station at Takoma when they
saw the red target displayed" Mr.. Bend
helm said What Is more natural 10
suppose than that they did misjudge 1t in
the darkness and fog of that evening a
little less than q year ago? Why did
Operator Phillips at Takoma ask his
friend Page: Does she show?' II he was
absolutely certain that he had set the red
target against train 212O?'
Submits Mathematical Calculations.
Mr.. Bendhem submitted a mathe-
matical calculation in support Of the tes-