Johnston v. Interstate Railroad

OPINION

WIDENER, District Judge.

W. P. Johnston and Franklin D. Frazier, employees of Interstate Railroad, in Wise County, Virginia, were indicted by the Federal Grand Jury in Abingdon, Virginia, October 7, 1968, on counts of conspiracy to derail a train, and aiding in and actually derailing a train, in violation of 18 U.S.C. § 1992, 18 U.S.C. § 371, and 18 U.S.C. § 2(a).

T. E. Gurley, the general manager of the railroad, upon receiving notice of the indictments, on October 8, 1968, wrote to Johnston and Frazier advising them he was holding an investigation in his office at 9:00 a. m., October…