Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-23
It is Dissolved by the Secretary Of
War Today
TO AWAIT RESULT OF TEE CIVIL COURTS
Col. Ainsworth's Indictment Ex'
pected by Military Authorities.
FUTURE ARMY PROCEEDINGS.
The following special was issued today by
the Secretary Of War:
WAR DEPARTMENT,


the Secretary Of War:
WAR DEPARTMENT,
OFFICE OF THE SECRETARY.
WASHINGTON, June %, 1898.
In the matter of the military court OF inquiry,
appointed June 10, 1898, to investigate the con-
duct Of office Of Col. F. C. Ainsworth, chief
Of the record and pension Office of the War De-
partmsnt, SO far az il may have any connection
with or bearing upon the disaster Of June 8, at
the Ford's Thoater building. and to express an
opinion as to who il responsible.
Since the foregoing court was ordered the
civil authorities of the District Of Columbia by
q coroner and the legally chosen jury have inves-
tgated the disaster at the Ford's Theater build
ing for the purpose of ascertaining the cause
of the same and of fixing the responsibility
therefor, and the procedures under the civil
law are still in progress. That there may be
no interference by the military with
the operation OF the civil law in the
case, and believing that the ends
Of justice and the interests of the military
service will be best subserved by leaving the
matter at this time to the determination Of the
civil authorities, free from any influence or
complication that might ensue from q military
inquiry. the order Of June 10. 1888, is hereby
revoked and the court dissolved.
(Signed) DANIEL S. LAMONT,
Secretary Of War.
THE OBJECT OF THE ORDER
The order explains itself, and it is extremely
difficult to obtain any additional light on the
subject. 1t Is taken by army officers to mean that
the Secretary Of War merely desired to avoid any
possible conflict with the civil authorities in
the further investigation Of the 10th street dis
aster so far as Col. Ainsworth is concerned, and
to defer military action in the altogether
until after his possible indictment by the grand
jury and his subsequent trial by petit jury.
WAIT FOR THE CIVIL TRIAL
There is no doubt at the War Department
of Col Ainsworth's indictment, and his trial
follows matter Of course.
The dissolving Of the court is understood to
have been based on information that in case Of
AinswOrths indictment he will not be brought
to trial till some time late in the fall 1t was
deemed best to have the civil authorities pass
finally on the case before proceeding further on
military lines.
Otherwise the military inquiry might have
been concluded and Ainsworth acquitted or
civil courts had passed on the question Of his
o4Itpr innocence. As the latter have para
mount aht1ority in the matter, the military
authorities thought 1t only proper that they
should be allowed uninterrupted jurisdiction In
the case in all its phases.
The dissolving Of :he court does not mean
that the department does not propose to take
any action in the case. 1t indicates merely that
nothing will be cone until after the civil courts
have finally passed on the case.
FUTURE MILITARY PRocEEpINos.
Col Ainsworth will be investigated by mill
itary court, regardless Of the action Of the civil
courts. His acquittal by the civil court would
not prevent his subsequent trial and conviction
by court-mnrtial, no more than his exoneration
by court OF inquiry would prevent his trial
and conviction by q civil court
WILL NOT BE SUSPENDED.
1t can be stated on unquestioned authority
that the War Department will take no further
action in the case Of Col Ainsworth until tn
civil proceedings have closed. This means
that he will be regarded as innocent Of
all culpability with respect to the accident until
the contrary is established by judicial pro-
cedure. and that the President, who alone can
act in the matter will not suspend Col Aims
worth pending the civil proceedings.