The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-06-15
THE HEARING ILLEGAL.
Another Inquest Ordered in the
Washington Disaster.
DR. soHAEFFER HAD NO AUTHORITY

Only the Coroner Himself, DIR. Patterson,
May Conduct an Inquest, and the Work
Must be Done Again-The Old Jury
Again Selected.
WASHINGTON, June l5-Under the rul-
ing made by Chief Justice Bingham, of the
district supreme court, yesterday, there Is
no such officer MS deputy coroner clothed
with judicial power, and the application
for writ of mandamus against him, asked
for by Colonel Ainsworth. chief of tho
record and pension bureau of the war de-
partment, was dismissed on that ground.
Justice Bingham in his decision said an
examination of the law only established
what he had never doubted-that the cor
oner in holding an inquest sat as court,
and was vested with the power and au-
thority of a judicial officer. 1t was well
proven that in the absence OF express
statutory provision such an official could
not delegate his authority to another.
Congress alone could authorize the trans
fer Of such power.
The justice then addressed himself to the
audience among whom were a number of
the clerks. He said It was important that
they should understand that n coroner's
court was not like town meeting. How
ever deplorable the circumstance might
be, it was the duty Of all to sit as good cit
izens and to pay respect to the law. JUS
tice Bingham admonished the people to
let the inquest be conducted in quiet, Or
dcrly way by the coroner himself
After the accident on Friday last DIR.
Patterson asked Dr. Schaeffer to act for
him at the inquest. DR.. Patterson said he
was physically unable to conduct the in
quest. His health was poor, he said, and
his hearing imperfect. DIR. Patterson is
very deaf and has reached old age, and for
some time past DIR. Schaeffer has acted for
him in important cases. Ii at least seven
cases persons have been committed for
manslaughter or murder on the warrant
of DIR. Schaeffer, assuming to act as dep
uty coroner. All these commitments are
now, of course, pronounced Illegal. Ac-
cording TO the decision of Chief Justice
Bingham the coroner alone can act at in
quests.
The commissioners Of the district de-
cided yesterday afternoon to order new
inquest over the victims of the disaster,
and directed Mr.. Thomas, the attorney for
the district, to assist Coroner Patterson in
conducting 1t. In view Of DIR. Pattcrson's
i'll health the commissioners thought
seriously of appointing a now coroner, but
on Dr. patterson's statement that he could
conduct the inquest IL Mr.. Thomas were
allowed to assist him the inquest was
ordered II was ascertained that the
bodies Of Messrs. LOTUS and Pagan. two
of the victims, were still in the vault at
Glenwood cemetery, and the officers of the
cemetery were directed not to inter them
without permission of the coroner.
DIR Patterson decided to resumm on the
old jury, Messrs. Warner, Halvey, Ayre,
kellogg, Schneider and Sibley. One of the
bodies at Glenwood was viewed by tho
jury this forenoon aud the inquest begun
anew.
just how far the acts of Deputy Coroner
Schaeffer prior to this decision will be in
validated, is rather curious question. 1t
is, however, believed, that nothing serious
will result. This Is due to fortunate
combination of circumstances, under
which few, II any persons, have been COM
mitted to Jail by him as deputy coroner,
who escaped subsequent indictment by the
grand jury. Nowhere can there be found
any authority for appointment for a dep
ntv cnrnnar