The Providence news. (Providence [R.I.]) 1891-1906, 1893-06-14

caused specincarons 70 ne maze, showing
the work to be done, and submitted them
to the officers of the war department
charged with the duty Of making con-
tracts. Bidders were required to do the
work without danger, and among all the
IA bidders, Colonel Ainsworth says. there
was no intimation Of probable danger.
Colonel Ainsworth AYERS that he never
entertained any idea that the work was
dangerous, and denies that any of the
numerous occupants of the buildings made
any suggestions Of danger to him or to any
one else to his knowledge until after the
accident.
Colonel Ainsworth says that almost i'm
mediately after the catastrophe rumors
reached him that he was publicly accused
of criminal negligence and was also ac-
cused in the public press. He therefore
appeared with counsel at the session
OF the coroners, June IL, the testimony of
certain witnesses tending, if explained, to
impute to him criminal negligence.
Through his counsel, Colonel Ainsworth
says he requested permission of the
coroner to cross. examine witnesses, but
the deputy coroner refused. Subse-
quently he was falsely accused of in
timidating witnesses and charged with
murder by sundry persons in at
tendance, and was finally called upon
to withdraw from th e court by the deputy
coroner and by one Of the jurors. There
upon riotous mob surrounded him and
Threatene His Life.
Colonel Ainsworth saws he has stated
the facts so fully because he Is convinced
that fair investigation will result in his
acquittal OF all blame He knows that by
advised no man can be legally tried in a
coroner's court without being present, IL
he so DESIRES and given permission to
cross-examine witnesses.
Colonel Ainsworth then goes on to say
that he is, in fact, now on trial in. the cor
oner's court, and that IL the verdict of the
jury should charge him with responsibility
the coroner has authority to com NIT him
for trial. Under such circum stances the
denial of the right to be presen and ex-
anime witnesses would deprive him Of the
legal rights of an American citizen.
He says he is prepared to prove all his
avertments, and desires to produce wit
nesses and to cross-examine those adverse
to him, and for this reason prayed that a
writ of mandamus might issue, command
ing the coroner to permit him TO be pres
ent with counsel and examine witnesses
touching any alleged criminal negligence
of his and to adduce testimony in his own
behalf; also commanding the deputy coro-
ner to enforce order in his court and to
adopt such measures as might be required
to protect his life, which would be threat
ened.
District Attorney Burney filed demur.
rer claiming that
Colonel Ainsworth's Petition
did not set forth any matter that entitled
him to writ OF ma ndamus. Colonel
Ainsworth had not been accused. said Mr..
Burney, save by the newspapers. There
had been no charge warrant or arrest. His
position was simply this:
That fearing something might be said
that might reflect on him, he seeks to com
mand the coroner TO permit him To have
counsel and conduct a trial Investigation
by coroner's jury was not trial, but
similar to n grand jury proceeding.
Mr.. Perry spoke with much feeling
against the conduct Of B. II. Warner, the
juror who made a speech and who, Mr..
Perry said, precipitated the scene that
followed. He further questioned the au-
thority OF deputy coroner 70 preside over
an investigation OF this kind, and asserted
that in none OF the statutes was there au-
thority for his appointment.
Such being true, all his acts must b,
void. His position was that Colonel Aims
worth was in reality on trial, and being
assailed was entitled To all the safe guards
given by the laws The court took the
question under advisepent