Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-29
ARGUMENTS BEGUN
On the Demurrer by the Ford's The
ater Disaster Defendants.
EXCEPTIONS TO BOTH INDICTMENTS.
Mr.. Davis Begins the Argument 70,
the Defense.
LEGAL POINTS RAISED

This morning the case Of the United States
agt. Ainsworth. Dant, Covert and Sasse,
twice indicted for manslaughter in con-
nection with the Ford's Theater disaster of
June 9Th last, came up before Judge Nc
Comas at II o'clock for argument on the
demurrer filed by the defendants Friday
last. Shortly before the hearing was COM
menced Mr.. R. Ross Perry, on behalf of the
accused, withdrew the formal plea of not
guilty entered as to the second Indictment
and filed demurrer to 1t substantially SIM
liar to the one filed as to the first indict-
ment, alleging that the indictment is bad in
substance for the following reasons:
1. That the indictment upon it's face dis
closes misjoinder of defendants
2 That the indictment upon its face fails
TO charge definite duty in the premises
upon the defendants, and gives them no
legal notice of the particular act Of negli-
gence wherewith they are sought to be
charged.
g. That the said Indictment upon its face
charges upon the defendants an illegal meas
ure OF care and diligence in the premises.
L. That the indictment upon its face charg-
es criminal responsibility upon several for
the omission of an alleged joint common
duty, not exclusively the duty OF any one
or said defendants. and yet not a joint or
common duty In the sense that each Of said
defendants was charged exclusively with
cessive parts of a joint or common process.
Both Indictments to Stand.
The court room was but half filled when
the hearing began, Messrs. Covert and Sasse
being the only defendants present. Judge
McComas inquired Of the District attorney
upon which indictment the hearing should
proceed, and 1t was agreed between counsel
that both indictments should stand, and that
the arguments should apply to both.
For" remarked Mr.: H. E. Davis. they
are both equally bad"
Equally good. you should say" replied
District Attorney Birney.
MIR. Davis Begins.
Mr.. H. Z. Davis, Of counsel for Defendant
Dant, began the argument on behalf of the
four defendants. Reading the first para
graph of the indictment, which referred to
Col Ainsworth's connection with the office
of which he was the head. Mr.. Davis called
the courts attention to the fact that that
was all the paragraph alleged. The second
paragraph, said Mr.. Davis, boiled down,
merely stated that beneath part of the
building there were arched cellars extend
Ing from the rear to a short distance of the
front of the building, where a solid bank
of earth was met, and the piers supporting
the floors of the building rested in part on
the brick arches forming the cellar and
part on the bank of earth. The third para
graph condensed, stated Mr.. Davis. set out
that In order to place an electric light in
the building Ii became necessary to extend
the cellars through the bank of earth to the
front Of the building. The next four para
graphs, explained Mr. Davis, alleged that
such extension of the cellars was begun,
that the four defendants became connected
with it and responsible for the safety of
the employees in the building, and, through
their failure to make the building safe and
secure during the necessary excavation,
caused the death Of one Lotus, employed
therein. The rest of the Indictment. as
serted Mr.. Davis, merely alleged in tech
nical language the death of Lotus and the
consequent criminal responsibility of the
four defendants.
Not Connected. Said Mr.. Davis.
Having explained the allegations contain
ed in the Indictments. Mr.. Davis said that
the first objection to the indictment, the
misjoinder of the defendants. could be cured
by a new indictment, but he claimed that
nothing In the indictments showed who
Dant, Covert and Sasse were, or in any
way connected them with official RESPONSE
bility for the safety of the building. So far
could be learned from the indictments
the three men were private citizens and as
nothing could be taken for granted. the
joinder of Messrs. Dant, Covert and Sasse,
presumably private citizens. with Col. Aims
worth. alleged responsible official, made
the indictments fatally bad That conten-
ton, claimed Mr.. Davis, was sustained by
the late Mr.. Justice Miller in the Nc
Donald whisky case.
AT this point, noon, Mr.. Davis was COM
PEELED to appear in case before the Court
of Appeals. and Judge McComas directed
recess until o'clock