Montgomery County sentinel., 1935-04-25
Bus Driver Held
For Grand Jury
In Local Crash
Judge DeLashmutt Sees Chauf-
feur Derelict In Duty;
Trainmen Freed

The Montgomery County grand jury
will deliberate over the fatal bus
train accident which happened at
Rockville the night of April IL. Judge
Donald A. DeLashmutt decided Tues
day at a preliminary hearing. Percy
c. Line, 34-year-old driver of the bus,
was ordered held for the grand jury.
The train crew in the case were freed
of all charges.
i The crash cost the lives Of Ia Will
Transport High School students, who
were returning from a chemistry
demonstration and school party at the
University of Maryland.
II Judge Donald A. DeLashmutt, of
the Rockville Police Court, dismissed
the manslaughter charge against J.
A. Shewbridge, the engineer, and VIII
liam F. Bussey, the fireman, at the
preliminary hearing, saying they had
done all they could to avoid the crash.
But Line, the Judge contended, was
clearly guilty of negligence and
should face the grand jury on man
slaughter charge.
Il think it is the duty of every
driver to stop at railroad crossing
and determine whether the track is
clear" the judge said. "The best of
warning devices are worthless If per-
sons act as Eddie Stevens did"
j The judge was referring to Eddie
i Stevens, assistant golf professional at
the Manor Club, who testified that he
drove across the grade crossing at 20
miles an hour without stopping just
before the bus was struck.
1 Line admitted that he, too, failed to
: stop at the crossing. He said he drove
, across at speed Of between 10 and
Is miles.
States Attorney James H. Pugh
and former Attorney general w.
Preston Lane, attorney for the B & o
asked him if he knew that the viii
Transport school authorities, in con-
tracts with bus companies, required q
full stop at grade crossings. He said
that he had never heard Of such re-
quirements.
/ In holding Line for the grand jury,
Judge DeLashmutt said:
Il say he is guilty of negligence.
1t is up to the grand jury to say
whether he is guilty of gross negli-
gence."
Line, hollow-eyed, partly bald
little man, was apparently stunned
by the decision. According to Rob
ert B. Peter, Jr., his attorney, he has
been unable to sleep or eat since the
tragedy.
Earlier in the day, Miss Louise
Funk, Williamsport teacher, who had
shepherded the students on their ILL
fated journey, had testified that Line
had no warning Of the approach Of
the train.
She said she heard neither the
whistle nor the bell of the locomotive.
Six students who survived the crash
corroborated her testimony.
The railroad attorneys put on sew
eral witnesses, men and women, liv-
ing in the vicinity of the railroad
crossing, who said they heard the
whistle Of the train distinctly.
Attorney Peter, in pleading for the
release Of Line said:
II think the greatest tribute to Mr..
Line is the fact that the children who
survived that tragedy and the parents
of those who lost their lives have
stood by him."
But Judge DeLashmutt felt that
Line ought to have halted his bus be-
fore crossing the tracks, and 80 held
him.
Charles w. Wolfe, attorney for n.
r. Poe, of Hagerstown, owner Of the
bus company employing Line, an
nounced that the insurance company
with which Poe did business has dis
claimed all liability in connection with
the Rockville crash.
Shortly after the crash, the Mont
gomery board Of commissioners took
steps to sue the B. & o. for failing to
observe a statute enacted in 1912.
This statute required the railroad
company to keep a watchman at the
grade crossing until midnight. The
Waterman had been quitting at 10 p.
M. Under the provision Of the statute
which imposes a $50 day penalty for
nonobservance, the county would sue
for nearly 100000.
I John J. Cornwell, general counsel
for the B. & o., wrote TO the county
(Continr,ed on na0e ~