Evening star., 1893-07-28
ALL FOUR ARRAIGNED
Those Found Responsible for the
Ford's Theater Victims Deaths.
THEY ALL PLEADED mot GUILTY.
But Can Change Their Pleas Be-
fore September IS
THE COURT ROOM CROWDED.

Seven weeks ago today scores Of men
were crushed and bruised by the falling
floors of the Ford's Theater building, and
this morning Col. Fred C. Ainsworth, Geo.
w. Dant. VIM. L. Covert and Francis
Sasse. the four men held responsible by
the coroner's jury for the death of the VIC
TINS OF that fearful catastrophe and who
were last Monday indicted by the grand
Jury for the crime of manslaughter in
causing the death of Frederick B. LOTUS,
one of the victims of the disaster. plead
that they We're not guilty of the crime
charged against them.
The Court Room Crowded.
The announcement in The Star that the
indicted persons would be arraigned this
morning served to crowd the Criminal
Court room as 1t had not been crowded be-
fore since the trial of Howard j. Schneider.
Judge Cole ascended the bench promptly at
10 o clock. and at once proceeded with the
tI,ai OIL four young men charged with
iV:io when 1t was suspended and Criminal
Soort NO. was opened. District Attorney
Blrney then stated that the Indicted per-
sons were present. and he asked that they
Mr.. X Ross Perry, representing Messrs.
Ainsworth, Covert and Sasse. ask
whether the defendants would be required
to plead to the indictment at the present
time or whether such proceeding co,ld NOT
be postponed to some time after tba s,,ro. mu.
mer recess. ''i1 @ui'i
Judge Coles Suggestion.
Judge Cole said that the plea of not
sunny could De entered today with the priv
ilege OF later withdrawing that plea and en-
tering any other plea or motion.
MI Perry said he expected to shortly
leave me city, to be gone until the I1th OF
ing be postponed until some time in that
month. ia 'io'
District Attorney Birney stated that it
wa was MI MS intention to ask that the trial be
set Tor some day early in the September
term OF the court, and he suggested that
tne defendants be now arraigned, and that
they enter their plea with the right to with
draw that plea on the 18th of September.
and then enter such plea or motion as thew
might deem proper.
Mr.. Perry assented to such an agreement.
and Mr.. Joseph Shillington, in the absence
of Mr.. Dants counsel. Mr.. H. E. Davis.
stated that he would pursue the same
course.
All Four Brought Up.
Clerk Downs then called the four parties
to the bar Of the court. and. as they FORM
ed in line before him. just behind the four
alleged burglars. said to them: Fred c.
Ainsworth, George W. Dant, William E.
Covert and Francis Sasse the grand Jurors
have indicted you for manslaughter. as
follows and he thereupon proceeded to
read the Indictment, as published in last
Mondays Star; The reading Of the indict-
hcAt tthtthucus Sttfhf boWhS ASKED.
What say you, are you guilty or not
guilty?"
Before they could answer Mr. Perry
prompted them to plead not guilty. under
the stipulation of counsel.
Not Guilty, With a Reservation.
Judge Cole however. suggested that the
clerk enter the plea Of not guilty in the
case Of each defendant pursuant to the fol-
lowing agreement, which he also suggested
should be entered in the minutes of the
and each Of them. to withdraw said plea Of
not guilty, and to file any motion. demurrer
or plea TO said indictment that they may be
consideration as il the aforesaid Plea a Of
not guilty had not been by them pleaded
and as If plea were then for the first time
shall avail themselves of this permission on
or before the 18th day Of September next.
but not otherwise.
The Date of Trial.
The courts suggestion proving acceptable
to District Attorney Birney and coun sci for
the defendants the order was accordingly
entered and District Attorney Birney gave
notice that he would ask that the trial of
the defendants be set for the first Tuesday
In October next. The district attorney eX-
plained that he gave such notice at the
present time in order that the defendants
might not hereafter claim that they were
taken by surprise, without time to pre-
pare for trial
vi, ie.iy Stdteu tiidt ne oiu not reel tnat
the district attorneys announcement called
for any reply from him, but If the case
should be called at the time suggested by
him he would then ask for such a reason
able postponement as would give ample
time for the preparation of the case.
Judge Cole intimated that the matter of
the pleas being set for September 10 would
give ample time for the disposition of the
matter before the time suggested by the
District attorney.
The proceedings in the matter of the ar
raignment of the accused were then sus-
pended until the 18th of September, and the
four defendants then left the court with
their counsel. and a great majority of the
crowd with them.