Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-08-09

men indicated. approached Takoma while
'i"' S'atioh was still in operation and
"nele' II is alleged. the operator displayed
60 5sht Which was notification TO the
Iouf defendants that the block betwean
Lakoma and University was not free and
clear out was occupied and obstraIct,d NV
nmotner tram, and was imperative di.
rection to the four men in charge Of the
tram to stop and to refrain from enter.
/ ing the block
~, The e alleged disregard of duty by each Of
| the death OF Prof. King and the other VIC.
TINS OF the wreck is set out in the indiet.
ment In substance as follows:
Ihat Henry H. Hildebrand then and
there, the 3Oth day Of December in the
year OF our Lord one thousand nine huno
d gre and SIX, and upon the occasion and un-
DER the circumstances last aforesaid whoiIv
neglectlng his duty as such locomotive an
sineer in that behalf. unlawfully and selo
niously neglected and omitted to carefully
Watch for and to see the red light so dis,
prayed at the station. and to stop the train
IN ooeolence to the same, unlawfully and
iiteloniousiy and negligently passing the red
llght and enter with and run the train or
cars In and through the block between the
stations of Takoma and University and In
SO DONG caused the locomotive engine at
tached to the train last mentioned to come
INTO violent contact and collision with the
rear end of the train first mentioned: and
.nat on the day and year last mentioned
cumstances stated. Ira C. Mcclellan, neg
| iecting his duty as fireman, unlawfulIy and
! ieionlousy neglected and omitted to care
| rully watch for and to see the said red
| light displayed at the station of Takoma.
, ana 70 report the same to Hildebrand, the
| locomotive engineer
ana that on the day and year last mem
| toned and upon the occasion and under the
! circumstances mentioned, Frank F. Hoff-
meier, wholly neglectng his responsibility
ana duty as such conductor in that behalf
| lnlaWfully and fe.oniously neglected and
omitted to carefully watch for and to see
me req light SO displayed at the signal sta
o or tha
! Train and to see that Hildebrand as such
! locomotive engineer. stopped the train in
| obedience to the signal; and that, on the
DAY and year last mentioned, and upon the
occasion and under the circumstances out
nned' Ralph Rutter wholly neglecting his
auty as brakeman un awfully and felonlous
| ~ neg!ecting and emitting to carefully
watch for and to see the red light SO dis
played at the signal station of Takoma and
| 70 see that Hildebrand obeyed the said sig
nal, and to report to Hoffmeer. as con-
ductor or the train. the disobedience of the
| signal on the part of Hildebrand.
Fatal Results.
"And that by means Of such contact and
! collision, caused and occasioned by tba
negligence of Henry II. Hildebrand Ira c.
Mcclellan. Frank F. Hoffmeier and Ralph
Rutter. as aforesaid. they; in and upon
Theodore l. King, did then and there NM
lawfully and feloniously make an assault
and to him, Theodore I. King, unlawfulIy
and feloniously did give and cause 10 be
given divers mortal wounds bruises and
fractures in and upon the skull and IN upon
the right leg, of which wounds bruises and
fractures lheodore /. King then and there
! instantly died.
And so the grand jurors, upon their oatLs
| 90 say that Henry II. Hildebrand. Ira c.
Rutter, him the said Theodore l. King IN
manner and form aforesaid did kin and
slay; against the form OF the statute in
such case made and provided and against
States"
| The second count is somewhat voumInous
and charges the crime OF manslaughter as
|. in the first count. but alleges not only dis
| regard of the signals but also that the
| train was reckessy handled by the crew,
being operated. 1t is alleged, at the rate Of
| fifty miles an hour through a dense fog.
The crew. 1t is averred, failed to exercise
| care and caution required by the companys
rules. and disregarded the red signal at
Takoma. 1t is set forth in this count that
train No. 66 was a regular one, which on
Sundays generally known to De re-
CURED to make many stops and To be al
ways late. This knowledge, It is charged.
should have influenced the crew of 2l20 to
proceed with extra caution. AT Randolph.
a station between Rockville and Kensing-
ton IL is stated the indicted men received
no signal, and this, under the rules OF the
company imposed upon them the duty Of
bringing their train 10 a stop and making
inquiry as to the absence OF a signal. The
indictment charges that they neglected to
do this and proceeded at a high rate Of
speed in disregard Of the company's regula-
lions.
Bench Warrants Issued.
Bench warrants for the arrest Of McClel-
Ian and Rutter were issued late this after
noon. The men, as well as Hildebrand and
Hoffman, are supposed to be in Baltimore.
but their present employment IL not known,
the entire crew was discharged, 1t Is