Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-18
NOT THE WHOLE TRUTH
Indication of FaIsehood in
Terra Gotta Wreck Case.
CONFLICT IN TESTIMONY
Difference in Statements as to
Signals Shown.
COURT OvERRULES MOTION
Declines to Eliminate Second Count
Of Indictment From Considera-
ton by the Jury.
COURT ovERRULEs MOTION

ton by the Jury.
Indication that some one is deliberately
falsifying in connection with the story OF
the Terra Gotta wreck and the causes
leading up to that catastrophe is being
repeated in Criminal Court No. 1 today,
just as it was a little less than year
ago at the inquest conducted by Coroner
hewitt. The telegraph operators at Silver
Spring and Takoma have testified within
the past few days, in the presentation of
the governments case against Engineer
Hildebrand. Conductor Hoffmeier, Brake
man Rutter and Fireman McClelland, the
crew of the extra train that caused the
wreck, that the signals shown at the two
stations were, respectively, white and red.
Members of the train crew were on the
witness stand in their own behalf today.
and they just as positively declared that
the signals at Silver Spring were double
green, emitting them to clear block to
University, with the possible exception of
the cross-over at Stotts. and that no sig
nal at all was displayed at Takoma. More
than this there was conflict in the testi-
mony regarding time. the train crew
Spring at 6:31 pm. when the Takoma Of
fice was expected to be closed. as opposed
to the declaration of Dutrow, the govern
ment witness, that the time was GIG.
Contention of Defense.
In his opening statement to the jury
Attorney Henry E. Davis. for the de-
Tense, stated that it would be shown
that the equipment train, drawn by en-
cip ha ut
Spring at 81, and that the signal there
shown was double green. The crew of
2120, he added, was aware of the sched-
ule of the Frederick local, and when
they received the double green signal it
was an indication to them that this train
had reached Washington.
| Justice Stafford oVerruled the motion,
made by Mr. Davis yesterday. that the
second count OF the Indictment be taken
from the jury on the ground that the
use of the word railway" in this count
and of the word railroad" In the first
constituted a fatal variance between the
two. Evidence in support of the second
count is being received in the trial
Engineer Vermillion, who was in
charge of the Frederick local the day of
the accident, was the first witness called
this morning. United States Attorney
Baker, in crosS-eXaminfng Vermlillon,
asked him if he did not while being eX-
amined by members Of the United States
attorneys office, admit that the crews
of the two trains had gotten together
and agreed to have their testimony agree
on all salient points. Vermill1on couiu
not remember such conversation
Baggage Master Testifes.
William A. Norris, who acted as bag
gage master on the extra 2120, TESTIFIED
he was sitting in the rear seat In the
first car on the trip toward washington,
and he estimated the speed as the train
rolled over the brow of the hill at Silver
Spring at about eighteen miles an hour.
Norris was on the same side or the car
as the signal target at Takoma. and he
declared he saw only the station hgnls,
but no signal.
Did you notice the time when the acct
dent happened" inquired Attorney Da-
Wis.
Il got down off the car. pulled out my
watch and held my lantern so | could look
at it, and as we'll as l could remember
it was about 6:37 or $751;. answered
Norris.
On cross-examination United States At
torney Baker asked the witness:
How fast was 212O running when it
passed Takoma?"
TWENTY-FIVE to thirty miles an hour.
How fast at Stotts?'
THE engineer slowed down considerably
just at Stotts. l think l could have got
ten off the engine and boarded the rear
car. The speed was about twelve or hf-
teen miles an hour
How fast were you moving when you
hit 66?'
Probably thirty miles an hour
Train Was Drifting.
Taking the witness for redirect exam
nation. Attorney Davis asked Norris If
he knew whether the engine was running
under steam or drifting" down the grade
from Silver Spring.
Drifting" the witness said.
How did you know the brakes had
been applied at Stott's?'
Il heard the sound of the air being
released"
Ralph Rutter, brakeman on 212O was
the first of the defendants to take the
| stand. He was asked first what happened
at Boyds, and said he had been on the
rear platform with the conductor, and he
Blank b. He received no clearance
card. but the operator waved go
ahead" signal with lantern.
At Silver Spring. witness said, he saw
he could not see the target lamp and
did not know what color it was.
Witness stated the speed of the train
was about twenty to twenty-five miles
| thirty miles an hour when the wreck
occurred.
Signals Along the Line.
UnlteQ states Attorney bdher, III cTOSS-
examination, canvassed all of the sta
lions between Gaithersburg and Terra
Gotta with the witness All the way along
the line the witness said, white signals
had been received except at Silver Spring,
where he saw one green lantern on the
mast Rutter admitted, however, that
some of the targets he had not seen, but
that 1.-The engineer would not have gone
past if the signals had not been white"
Witness said he had never known of a
fiagman stopping train. Rutter saw no
target light at Takoma, but declared he
would have stopped the train If he had
seen a red light. Asked If he had not
said, in a statement to Detectives Par
ham and O'Brien the day after the acct
dent, that the train was running thirty to
thirty-five miles an hour in passing Silver
Spring and thirty-five miles an hour when
the wreck occurred, Rutter declared he
could remember making no such state
ment.
The freman Ira q McCIelIand fas+i