Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-07-25
COL. AINSWORTH'S STATUS.
He is Not Likely to Be SUSPENDED
From Duty
Unless the President Himself So Directs
The Only Similar Case in the
Army Records,

In the absence Of the President and Sec
retary Lamont 1t il possible only to con-
lecture how Col Ainsworth's status in
the army, and as chief Of the record and
pension office. will be affected by his in
dictment by the grand jury for criminal
responsibility for the terrible loss of life
at the F'ord's Theater calamity. Officials
of the War Department now In the city,
including Gen. Grant, who is acting as Sec
retary, do not hesitate to say. however,
that In the absence of specific instructions
to the contrary no Official notice viii be
taken OF the action Of the grand jury. This
means especially that Col Ainsworth will
not be suspended or relieved from duty
the President SO directs.
Secretary Lamont's Position.
Col. Ainsworth hofds his Office by virtue
of appointment by the President and con-
fmation by the Senate. and cannot be de-
prived Of his military rights and duties
without the concurrence Of the President.
in the matter. 1t may be stated that when
the coroners jury rendered its verdict
against Col Ainsworth, and 1t was sug-
suspended from duty, he said that 1t was
matter entirely in the hands Of the Pres
ident. and that he did not propose to in
by this. 1t Is understood, that Col Aims
worth wo1ld not be suspended unless the
President himself issued the order to that
effect. 1t thus appears to be settled that
Col. Ainsworth viii not be disturbed in his
present position. notwithstanding his crimi-
nal Indictment. unless the President takes
a deep personal interest in the case and
acts without promptings from his official
subOrdinates.
Whist the President May Do.
The impression among army officers is
that the case has not reached a point call
ing for action on the part Of the President
the he ns
pie that a man Is innocent until he Is prov
ed guilty applies to an army officer as
well as to a Civilian. and that 1t would be
unfair to Col. Ainsworth, In advance OF
his trial. to take any action that would in
anSsnH any way & tend g ss sast doubt on his In
and may suspend Col. Ainsworth on the
broad ground that his criminal Indictment
impairs his official usefulness and renders
of the service. at least untn he shall have
received complete exoneration at the hands
When an officer is ordered before a
tary offense he is technically under arrest,
he action os sse c6ns In auE tSe esse
Col Ainsworth, however, military proceed
ings have been entirely suspended pending
the adjudication of his case by the civil
Tho Only Similar Case.
There are no precedents for action in
this case. where an officer OF the army Is
indicted by civil tribunal for an offense
clearly cosnixable by a military court mar
tial. and in advance Of action thereby: The
only case recalled ip any way similar Is
that Of Maj. NJ. 8. Howe Of the cavalry,
who was tried by the civil courts of
Florida, way back in 1S40, for cruelty to a
soldier Of his command. resulting in his
death. He was acquitted OF the charge and
the only record Of his military status be-
fore and during his trial by the civil courts.
now on the books Of the War Department,
is that he was 'in the hands Of the civil
authorities" The probable explanation of
this entry IL that the officer was in Jail
from the time OF his arrest up to the time
Of his acQuittal. either because he could not
charge against him.