Evening star., 1935-04-24
Percy Line Declared Negli'
gent by Judge in Rock.
vile Tragedy.
SHOULD HAVE STOPPED
FIRST, COURT ASSERTS
Teacher and Survivors Take
Stand-Special Session of
Jurors Possible.
BY JACK ALLEN.
Staff Correspondent of The Star.


grade-crossing tragedy which cost the
lives of IA Williamsport children was
slated today for investigation by the
Montgomery County grand jury. with
the driver Of the school bus IN which
the children were riding held on a
manslaughter charge.
Percy Line, 34-year- Hagerstown
bus driver. was remanded to the jury
late yesterday by Judge Donald A.
De LaShmutt, simultaneously with the
dismissal of similar charges against
the engineer and fireman of the Bal
timore g. Ohio express than demol-
ished his bus.
1t was learned this morning that
the crash probe will be placed in the
hands of the grand jury at the same
time that group receives the SenSa-
tional Lyddane case. in which Mrs.
Anne Lyddane and three alleged con-
federateS are charged with a dual
murder conspiracy.
May Recall Jury.
County authorities are considering
an early recall of the jury to hear the
two important cases, but no definite
decision has been reached on this
point. Should the jurors not be sum-
moned earlier, States Attorney James
H. Pugh said they will receive the cases
on May 20, their next regular report
ing date.
In dismissing the charges against
James A. SheWbridge, engineer, and
William F. Bussey, fireman of the st.
Louis-New York flyer that struck the
school bus, Judge De Lashmutt de-
clared the two trainmen had taken
every precaution to prevent an acci-
dent at the crossing.
He contended, however. that Line
was clearly guilty" of negligence and
should be brought before the grand
jury on the charge that was lodged
against him following the tragedy.
The wreck occurred here on the
night of April II as Line was return
ing from College Park with group
of Williamsport High School students
who had attended chemistry demon
stration at the University of Mary
land.
Should Stop at Track.
II think it is the duty OF every
driver to stop at railroad crossing
and determine whether the track is
clear" the judge stated in announc-
ing his decision. The best of warn
ing devices are worthless if persons
act as Eddie Stevens did"
He was referring to Edward l..
Stevens. assistant golf professional at
the Manor Club, who testified during
the hearing that although he heard
the automatic gongs signaling the
trains approach. he drove across the
tracks without stopping just prior to
the crash
Line also had admitted when called
to the witness stand a few moments
before the preliminary hearing closed
that he. too, had failed to stop at the
crossing. He said he reduced his
speed to a point between 10 and Is
miles an hour approaching the tracks
Free Under Bond.
Line was released under s., ZOO bond
pending the grand jury's consideration
of the case
Miss Louise Funk, science teacher at
Williamsport High, who was in charge
of the ill-fated party on the night of
the tragedy, and number of youth
full survivors of the wreck testified
during the morning session that
neither Line nor other occupants of
the bus had any warning of the ap-
proach of the train.
States Attorney Pugh and Col Will
liam Preston Lane, jr, attorney for the
Baltimore g. Ohio Railroad, asked Line
if he was familiar with a regulation
under which Washington County
school bus drivers are required to
stop at all railroad crossings and open
their door to listen for the approach
of trains.
II never heard of it," Line replied.
Trainmen Testify.
Both Shewbridge and Bussey testi-
fled that they took every precaution
to safeguard against an accident at
the crossing and the former related
how he had blown the engines whistle
and turned on the automatic bell.
Substantiating the trainmen's testi-
mony were the stories of several Rock
vile residents who said they had
heard the whistle of the train dis
tinctly. They were called to the stand
by attorneys for the railway.
The Board of Montgomery County
Commissioners is considering a suit
against the railroad for alleged vio-
lation of a 23-year-old statute which
provides that the railway must keep
a watchman on duty at the Rockville |
crossing from 6 Am. to midnight each
day and also maintain safety gates.
A letter was received by the county
yesterday from John j.
Cornwell, general counsel for the B.
g. O., in which he set forth the opin-
ion that the old law is unconstitu-
tional.
He said that while he would be glad |
to recommend a watchman be kept |
on duty at the crossing "a hours
day, as proposed by the commission
ers, he would not advise any action
on the part of the railroad manage |
ment that would in any way put the |
company in the position of admitting |
the constitutionality Of the statute in
volved.
The commissioners deferred action |
on, the letter until they receive an |
opinion from Attorney General Her.
bert r. O'Conor.
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