Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-14

The effect Of Chief Justice Bingham's
decision generally regarded by the
members of the bar as leaving no
other alternative to Coroner Patterson but
to begin the whole matter over again. Further
than that, it was said that where person stood
committed to Jail upon the warrant Of Deputy
CoronerSchaeffer that person could, upon writ Of
habeas corpus, unquestionably be discharged
from custody, provided the person yet re-
mained unindicted. Such discharge
from custody, however, would result in
but temporary freedom, because the
accused person could be Immediately re-
arrested, brought before the Police Court and.
upon sufficient showing, be a: once recommit-
ted to Jail to avail, the action Of the grand jury.
1t cannot be said that the courts decision
this morning was in the nature Of q
acquainted with the law and facts. and
the decision was without hardly a
dissenting voice spoken Of a perfectly sound
one. Indeed, the only surprise in the matter
appeared to be that the question had never
before been raised in this jurisdiction.
MR. WIN. A. COOK.
Mr.. VIM. A. Cook stated that the decision Of
Chief Justice Bingham was nothing more or
less than he had pointed out years
ago 10 tne Olstrlct dttOrueyb OElce
would some day happen when the authority Of
the deputy coroner was questioned. But"
shrug Of his shoulders, ".hey thought
l didn't know what was talking about,
and went ahead. The deputy clearly
one who now stands committed to Jail
upon his warrant and has not yet been indicted
would undoubtedly be released upon Q writ Of
habeas corpus"
MR.. H. Z. DAVIS.
Mr.. H. E. Davis said the decision was q sound
one, but much that Mr.. Perry said in argument
was undoubtedly true. At coroner's inquest
public rumor takes the place Of the formal
indictment or information upon which the
trial OF an accused person was ordinarily had.
Where person was brought by public rumor
before a coroners inquest that rumor repre-
sented the public accusation very much as the
more formal information or indictment did, and
the person, in all fairness. was entitled to be
present and be heard. OF course, the whole
thing must of necessity, rest ultimately in the
sound discretion Of the coroner, to be exercised
in the light Of all the circumstances
1t would never do TO embarrass and
impede every coroner's inquest by the
injection Of counsel for every possible
accused hut in extraordinary cases like this it
would be not unreasonable exercise of discre-
ton in this coroner to allow a man to be heard
against the possibility of having fastened on
him such terrible stigma as responsibility for
such catastrophe, especially when the result
might be his commitment to await the action Of
the grand jury.
Mr.. A. 9. woRrHIxaroS.
Mr.. A. 8. Worthingson said the decision did
not surprise him in the least In fact,
he had predicted that the court would
ground that the coroner had the power to ex-
clude any person who in his opinion, retarded
or interrupted the inquiry instituted by the
coroner. The coroner was undoubtedly u
judicial officer and could not delegate his
Judicial authority to any other person unless
The inquest would. of course. have to be begun
all over again, new jury sworn, and SO on.
NIB. HUGH I. TAeaART.
Mr.. Hugh I. Taggart, District Attorney Bir-
ney's assistant, stated that the decis-
ion undoubtedly prevented in the future
the holding OF an inquest by any
other person that the coroner himself. The
only thing remaining to be done, said Mr.. Tag
gart, was to discontinue the inquest inaugurated
tirely new one by Coroner Patterson. OF
course the same members of the jury could be
sworn as the new jury. but the body of
Mr.. Chaplin or that Of some one Of the
victims Of Fridays disaster would have to be
exhumed and the new jury sworn over it.
lu0t, ne suppOeeu. WOulO O6 OOn6 AT y0e
earliest practicable time.
Mr.. Taggart explained that with the coro-
ner's inquest the District attorney had no real
connection until after verdict had been
rendered holding some one responsible. Then
the district attorney would act upon such a
finding and proceed to present the case to the
grand jury. But quite Independently
of the coroner, said Mr.. Taggart
the district attorneys Office had ever since the
accident been conducting thorough
investigation in the matter, and,
whatever might be the result
or conclusion of the inquiry instituted by the
coroner. the District attorney would complete
his own investigation OF the accident,
and the result of the investi-
cation would be at once laid before the grand
jury. The investigation would be made as COM
plete and searching as human ingenuity and
labor could make it, and il any person or per-
sons were shown to be in any way responsible,
an immediate prosecution would follow.