The Washington herald., 1907-12-18
Coming Testimony Outlined
by Attorney Davis.
GOVERNMENT ENDS ITS CASE
Road Will Try TO Prove No. 2120
Reached Silver Springs Mt 6.31, Not
6;2S; That at This Hour TaISOma
Station Was Dead" and that No
Signal Was Expected There.

Ira c. McClelland. and Brakeman Ralph
Rutter, of Baltimore, on the indictment
which charges them with causing the
death of the persons who lost their lives
in the wreck on the Metropolitan Branch
/ of the 3. & o., at Terra Gotta, on De-
| cember 30 last.
When the government closed its case.
Attorney Henry E. Devils, leading coun-
sci for the defense. made motion that
the second count Of the indictment be
struck out on account of vital variance
with the first count. It is alleged in the
first count Of the indictment that the
train crew violated certain rules and reg
ulatiOns of the Baltimore and Ohio Rail-
road Company. by reason of which the
wreck occurred.
Mr.. Davis called attention 10 the fact
that the second count Of the indictment
charged the men with violating certain
rules and regulations of the Baltimore
and Ohio Railway" Company. and he
contended that this was a vital variance,
and that, therefore. the count should be
stricken out
Justice Stafford stated that to save time
he would overrule the motion, and would
allow both sides to file authorities with
him on the point raised. and would de-
eide them when the time comes 10
! charge the jury
Mr.. Davis Opening Address.
Attorney Davis. in his opening address
10 the jury. stated that the defense would
show that the equipment train which
caused the wreck. engine 212O with
empty passenger coaches, reached Silver
Springs at 6:Sl. and not at 6:2S. as the
government contends. At this hour, ne
stated, the station at Takoma was. in
the parlance of railroad men. dead. and
the crew. under the rules. were not re-
quired TO expect a signal there. The de-
fense would also show. he said. that at
Silver Springs the equipment train re-
ceived what is known as a 'double-green"
signal, which signal, he said. under the
rules of the company. the crew construed
TO mean that train No. Go had reached
Washington. He said il would also be
shown that the Frederick local which
was wrecked. left Frederick every day in
the year at O'Clock. and would lay over
at Washington Junction for seventeen
minutes. and would then start for Wash
ington, reaching here. according to its
schedule. at 6:26. The train crew, he
said. were aware of the schedule Of this
train, and when they reached Silver
Springs at 6:3l they assumed. receiving
no orders 10 the contrary, that il had
reached Washington according 70 its
schedule. Mr. Davis said it would also
be shown that, Notwithstanding the fact
that the railroad officials knew that on
Sunday the Frederick train made many
more stops between Washington Junction
and Washington than on other DAYS. the
schedule was not increased for time of
transit and no precautions taken TO ham
die extra trains in accordance with the
delay that always attended the Frederick
local on Sundays.
superintendent Hobbs Order.
Mr.. Davis said it would be shown that
Engineer Hildebrand and Conductor Hoff-
meier and the fireman and brakeman
were ordered by Supt Hobbs on the Sun
day in question to take the equipment
train to Locust Point. and that at the
same time another extra was also ordered
from Washington Junction to the same
point, this order being as follows:
Engine 2l2O wip run extra from Wash
ngton Junction to Locust Point by way
of the Y at Washington Extra 1865 and
2l2O viii follow each other under green
signals"
Obedient 10 this order. Mr.. Davis said.
the train crew under indictment reported
at Washington Junction at 4:4l p. m. six
minutes before the Frederick local pulled
out. and could have gone on ahead The
Frederick local, however, pulled out first.
and the equipment train followed forty
minutes later He said it would be shown
that II was the duty of the trainmaster
at Baltimore TO know the respective po-
sitions Of both trains from the time they
left Washington Junction. Mr. Davis said
that during the presentation of the case
OF the defense important rules Of the
company would be read TO the Jury in
cluding rule 13, which explains the sig
nifcance of the dOuble-green signal.
which was that a train was using a cross
over, and rule 49, as TO a train unduy
delayed being required to protect itself.
Mr.. Davis said that il would be shown
that when the train crew arrived at
Silver Springs and received a double-green
signal, il notified them under the rules
of the company that the block extended
to University, and that the Takoma sta
tion was dead" and that some kind OF
a train was using the cross-over. At
torney Davis also Stated to the jury that
it would be shown that. notwithstand-
ing the testimony already given, it would
be shown that no light whatever was
displayed at Takoma.
Testimony of Witnesses.
With the exception of the time devoted
to Attorney Davis motion to strike out