St. Paul daily globe., 1893-06-14
Ainsworth Begins Mandamus
Proceedings Against Dep
uty Coroner Shaffer.
He Wants to Be Represented
at the Inquest by a
Lawyer.
Assurances Had Been Given
Him That the Building
Was Safe.
Says He Has Been Falsely
Accused Of Intimidating
Witnesses.

- N>N---
was taken in the Ford theater disaster
today when Col. AinsWorth filed petit.
tion in the supreme court of the district,
requesting that he be allowed to be rep
resented by counsel at the inquest. The
papers were served on Deputy Coroner
Shaffer, and the hearing took place be-
fore Judge Bingham at O'Clock, the
inquest being adjourned until tomor-
row. The petition filed by Col. Aims
worth gives in detail statement of the
condition of the building and his par
ticipation in the work, which is the first
statement bearing directly upon the
case he has made since the accident.
The document is very voluminous. He
sets forth the fact that he is chief OF the
record and pension office Of the war de-
partment, and as such, is charged with
the supervision of the clerical force
located IN Ford's old opera house build
ing, having been put in charge in 1887.
Col. Ainsworth says that as he had
therefore heard certain rumors touching
the security of the Eastern wall of the
building when he assumed control, he
Made Diligent Inquiry
of the officers of the war department and
learned it had been made perfectly Sc
cure and the entire building was in
every respect safe. The reports OF these
officers were confirmed by statements
made by Edward Clark, architect of the
Ent la
inspector of the District of Columbia,
and Bernard R. Greene, civil engineer,
now employed In the construction OF the
library of congress. He placed addi-
tional confidence in these statements
because he personally knew that these
walls and floors had for many years up
to 1887 safely sustained the great weight
of the army medical museum and the
library of the surgeon generals Office,
all of which were removed from the
building in 1887.
Having obtained new steam-heating
apparatus and an entire new plumbing
outfit for the whole building, Col Aims
worth says, to further promote the
comfort of the force, he procured an
electric light plant, and for the purpose
of locating this electric light plant and
to improve the ventilation of the build
ing, it became necessary to eXeavate a
space about twelve feet in width be-
tween two partition walls in the
basement. This. he says, required to
be underpinned. Col. AinSWorth Or
dered specifications to be made, 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, aud among allthe
fourteen bidders Col. Ainsworth says
| there was no intimation from any of
| probable danger. Out of abundant eau
| ttOn, the colonel says, further, that dur
| ing the progress of the work, he had
| frequently gone into the basement in
order that in case there should appear
| the slightest indication of danger he
might at once remove all occupants
from the building. In addition to this,
and for the same purpose, he required
| the superintendent Of the building to
constantly watch the work, and in
Structed him to report Immediately any
indication of danger. That both he and
the superintendent were upon inquiries
repeatedly made always assured that
the work was progressing with absolute
safety and that there was no occasion for
any sOlicituue.
Col. Ainsworth denies that any Of the
numerous occupants of the building
made any suggestion of danger to him
or any one else to his knowledge, until
after the accident. Concerning the
space roped off, he says there was a
small portion of the first floor so roped
off, for the reason that it was to be sub
Seauentlv removed, and because it was
supported only by joists resting on the
ground which had been excavated, and
not because of danger to the building
He declares that he
Gave No Directions
nor was any one authorized to do so,
with respect to the movement of clerks
in or about the building during the
progress of the work. On June 8, Col
Alnsworth continues, after all the
walls. including all the piers but one
had been safely underpinned, and
while the men were actually underpin-
ming the last pier, for some cause to me
unknown the pier gave way and por.
ton of the floor Of all three stories fell
most unfortunately killing and wound
ing many people. Col. Ainsw0rth says
that almost Immediately after the
catastrophe, rumors reached him thai
that he was publicly accused in the pub
lie press of the district. He therefore
appeared with counsel at the session OF
the coroner's jury June IL, the testi-
mony of certain witnesses tending, il
unexplained, to impute to him criminal
negligence. Through his counsel, Col
AinSworth says, he requested permis
sion of the coroner to croSS-eXamint
witnesses, but the deputy coroner re
fused. subsequently, the colonel says
, he was falsely accused of intimidatins
witnesses and charged with murder by
sundry persons IN attendance, and wa
finally called upon to withdraw from
the court by the deputy coroner and b,
one of the jurors Thereupon riotou
mob surrounded him and threatened hi
life. Col. Ainsworth says he has states
the facts so fully because he is con
vinced that fair investigation will re
suit in his acQuittal of all blame. b.
asks that the deputy coroner be com
manded to permit him to be presen
with counsel apd to adopt such meas
ures as are necessary to protect his life
which had been threaselied.
Accused by Newspapers.
District Attorney Burney filed de
muryer, claiming that Col. Ainsworth'
petition did not set forth any matte
that entitled him to writ of 1nanda
mus. Col. Ainsworth had ISt beeh &C
cused. said Mr.: Burney, except by tn
newspapers. Tsfere had been no charge
, warrant cr arrest. His petition wa
slmn1y this: That fearing that some
= thing might be said or verdict rer
dered that might reflect upon him, h