The times. [volume] (Richmond, Va.) 1890-1903, 1893-06-15
THE INQUEST INVALID.
M sUcH OFFICE As DEPUTY CORO-
yER or TIE DISTRICT,
And I'm Difference to This Decision or the
Supreme Court, DIR. schhenor A"-
iourned Proceedings Until To-Day.

70 compel the deputy coroner to allow
him to be represented at the inquest on
the victims Of the Fords Theatre dis
aster. First. holding that the deputy
coroner IL not q legal officer. This In
yalldates the inquest as Ear as held.
Second. that the right OF a person TO be
| present ~ the inquest I'm person or by
counsel Is discretionary with the oroner,
and. therefore, not subject for man
| Gamus.
Chief Justice Bingham, in HIS decision.
eaid that an examination Of the law
only established what he had never
| doubted that the coroner I'm holding an
! iuguest sat as a court, and was vested
with the power Of a judicial officer.
II Is well proven that I'm the absence Of
/ nm express statutory provision. such an
official could not delegate his authority
TO another.
In the course Of his opinion he took
occasion TO lecture the excitel clerks
who thronged the courtroom on the
necessity OF maintaining decorum. He
! told them the coroner's court was not
! IN he considered as q town meeting. How
| ev,r depiorable the circumstances, II was
the duty OF all good citizens 10 pay re-
spect 10 the law. Whatever the findings
| Of the coroners court might be, they
were not nnal. and any wrong done
| could be righted by proper legal methods
hereafter. He admonished them 20 ley
the further proceedings be conducted
I'm n quiet orderly way by the coroner
himself and 10 repress their feelings.
| This admonItion had an obviously good
effect.
In Difference 10 the decision OF the
supreme court Of the District Of Column
bia. that there IS no such officer or the
District Of Columbia as deputy coroner
Dr. SchaeTer who has been conductlns
the inquest at willard Hall in that
supposed capacity. Immediately ADJOURNED
the proceedings until tomorrow AT IL
o'clock. The curious point now develops
that there IS no body that has been
viewed bv n legally constituted coro-
ner's fury. unles. one Of the injured VIC
tins now lingering should die. 1t may
be necessary 10 eXhume the bodies.
The Commissioners OF the District Of
Columbia decided this afternoon 10 order
q new inouest over the victims OF the
Ford's Theatre disaster, and directed
Distrlct-AttOrney Thomas 20 assist COrO-
ncr Patterson in conducting It. In view
OF Or. Pattersons III health the COM
nissioners thought seriously Of appoint
ing n new coroner but on DR. Pattersons
statement that he could conduct the in
quest If Mr.. Thomas was 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 Glen
wood cemetery, and the officers Of the
cemetery were directed not 10 inter them
without permission Of the coroner. Or.
Patterson decided 10 resummon the old
iury-Messrs Warner, Harvey, Ayre,
Kellogg. Schneider and Sibley. one of
the bodies at Glenwood will be viewed
by the jury tomorrow and the inquest
begun anew.
Just how far the acts Of Deputy Coro-
ner Schaeffer. prior 10 Justice Bingham's
decision, will be invalidated. IS rather
curious question. IL is. however. be-
lieved that nothing serious Will result
This is due TO a fortunate combination
of circumstances under which few. IL
any, persons have been committed 70
jail by him as deputy coroner. who es-
capped subsequent Indictment by the
grand jury.
Nowhere can there be found any au-
thority for the appointment Of a deputy
coroner. and such official IS not named
in the list OF appontees under the Dis
trict Commissioners. An appropriation
was made by the last Congress for $500
for an assistant 20 the coroner. but this
is not available until July lst. II IS
claimed that attorneys have casually
called attention 10 the want OF authority
In this particular in the past, but the
question was only raised in a court Of
law four years after such deputy entered
upon the performance OF his duties.
Major Davis Judge advocate Of the
army court Of inquiry, appointed 10 IN
vestigate the Tenth-street disaster, is
now engaged In preparing the framework
Of the evidence to be submitted 10 the
court and is ascertaining the names and
knowledge Of the different witnesses who
may be able 10 throw any light on the
case. Ills idea is 10 summon only such
witnesses as arc necessary TO q clear
understanding OF the facts I'm the case
and avoid the taking Of a mass OF
merely cumulative testimony.
Under the ruling made by Chief Justice
Bingham. of the District Supreme Court
this morning. there IS no such officer az
n deputy coroner, clothed with judicial
power. and the application for n writ Of
mandamus asked for by Colonel Aims
worth. chief OF the Record and Pension
Bureau OF the War Department. was dis
missed on that ground. but the court.
10th TO dismiss the APPLICATION on n tech
nicality, entered somewhat into the mer-
its Of the case. lie said that the unfor-
tunate calamity which had caused these
proceedings TO be reviewed was one that
had excited the greatest public attention.
and the question raised by the applica-
ton for mandamus was one Of unusual
Importance. The coroner himself whsn
holding an inquest, was vested with all
the authority OF a judge 10 summon
witnesses punish for contempt and dis
orderly conduct He had the power 10
exclude any person whose presence he
became convinced was an obstruction to
dered. If II was apparent TO him that the
presence of any person prevented the
production Of the full testimony that
might otherwise be produced, his powers
were sufficient for him TO say that. for
a time. az least while certain with ,sses
were testifying, such persons should re-
tire from the court. Whether he should
do so or not was n matter for his dls,re-
ton and judgment. and his alone, md
whether the circumstances detailed I'm
Ainsworth's petition were sufficient 10
Justify him I'm exercising his authority
was for the coroner TO decide and not for
the court.
Mandamus. said the court. does not lie
against discretionary power. but is used
to compel the performance Of specific
duty Under the facts set ont IN the pc
tition at the bar no mandamus can be
issued.
OBITUARY.
The funeral OF r. =. Fox, he young
man drowned at Fairmont Park Tuesday
evening took Mace Yesterday afternoon