Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-12
THIRD RAIL DISASTER
Further Probing of New York
Central Wreck.
TRIAL OF ALFRED SMITH
Motorman Rogers Completed His
Evidence Yesterday.
CHIEF ENGINEER ON STAND
Question of How Fast the Train Was
Going When 1t Was
Derailed.

Special Dispatch to The Star
NEW YORK. December 12.-At today S
trial of Vice President Alfred Smith OF
the New York Central for manslaughter
Prosecutor Smythe continued his efforts
to establish the prosecutions theory OF
the woodlawn wreck. 1t is an apt part
of the case against President Smith to
show that the Brewster express was de-
rallied at the Woodlawn curve solely
through excessive speed. for which the
rails were insufficiently spiked. Mr.
Smythe contended in his opening address
that the defendant was criminally negli-
gent in failing to see that the curve was
in proper condition and in permitting
green motorman to run the train.
Superintendent of Way Ballet of the
Central was the fist witness today. He
had described yesterday in great detail
the exact position of the engines and cars
after the wreck. The prosecutor had him
describe the marks cut into the ties by
the wheels after the cars were derailed
Also the witness was called upon to es-
tabIish the crucial point in the prosecu-
tons case as to the cause of the wreck
the fact that at the point where the
wheels first left the track one rail had
been pressed out of place sideways and
the spikes sheared off as if cut by a knife.
Yesterdays Testimony.
At the hearing yesterday Motorman
Rogers said he had operated train the
duplicate of the wrecked express over the
Z same route at siXty-five miles an hour
for the benefit of the state railroad COM
mission. The controller he said. was at
the same points on the test trip as at the
time of the accident. Assistant District
Attorney Smythe asked if the voltage was
the same. The witness did not know. The
test trip was stricken from the records.
He again denied that he had ever tried
TO make up time, despite the fact that he
admitted being seven minutes late at Mott
Haven and having put on full speed. The
speed for ninety-three hundredths of a
mile was 50 seconds, according to the
schedule, he said.
The defense had a table piled high with
exhibits of various kinds. and 1t is under
stood that working models of steam and
electric locomotives and track represent
ing the curve will be introduced for the
benefit of the jury. Both sides had a
number of experts in court.
During the afternoon session full-siZed
models of the controllers and air brakes
used on subway trains and on steam To-
comotives were introduced. Rogers mount
ed the platform and was explaining point
by point how the power was put on by
the subway controller when he was in
terrupted by Mr., Nicoll-
Are you reversing now?' he asked.
sJ''No: we haven't stopped yet" replied
Rogers.
While demonstrating the workings of a
steam locomotive throttle Rogers looked
ont of the window and seemed to be
oblivious to his surroundings.
rhaf
Nicoil.
Going" said the witness, and Justice
kellogg joined in the laugh.
e Wreck Injury Shown.
In reply to Assistant District Attorney
Snhythe. the witness said he had been in
structed by bulletin as to the time sched-
uie. but that before taking out the Brew
ster express he had relied on his judy
ment regarding the speed He said he
made his speed on the straight stretches
and did not exceed the limit in taking the
curve near Woodlawn bridge.
Herbert S. Ballet, chief engineer of
maintenance of way of the Harlem d.
vision testified that it was more than a
third of a mile before Rogers stopped his
train. He described the condition of the
cars and the rails when he examined
them at $50 the following morning. A
large section OF rail, ne said, was torn up,
so that il stood upright. Only one spike
hela it on the outside of each tie and the
heads of all of these were snapped Off
The ties upon which the rails rested. he
said were new and the spikes in sound
condition. The third rail was broken for
one hundred feet north of the bridge
Mr. Smith showed the jury papier
machc model of the three-degree curve at
which the train was wrecked and explain
ed all the points TO them. Ira a. McCor-
,ff-E rhn la1 IN
that Mr. Ballet was his Immediate supe-
-rlor. and that Mr.. Smith was the ranking
official.