The foreman of the crew that placed the jack on the track was charged with manslaughter, but the trial ended in a hung jury.
[1] Near the Adams Academy campus in Quincy, Old Colony maintenance workers had returned from break and were working on surfacing the road bed.
[3][4] In spite of this, foreman Joseph F. Welch chose not to send a flag out to warn oncoming trains.
The men, who had not previously heard the express due to the passing gravel train, moved out of the way, but neglected to take a jack off of the rail.
The tender, baggage car, smoker, and Pullman passed by the engine and were stretched out alongside the track.
[5] The Massachusetts Railroad Commission's report stated that "the immediate responsibility for this terrible accident rests upon Joseph F. Welch, the section master.