The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-06-20
CHARGED WITH CAUSING DEATH.

CHARGED WITH CAUSING DEATH.
Responsibility of the Ford Thenter Disaster
Placed on Four Men.
WASHINGTON June 19.-The coroner's
jury, Investigating the Ford Theater dis
aster, this evening brought in o verdict
holding Col. f. C.. AinswOrth. contractor
Dsnt. superintendent Covert and engineer
Sasse responsible for the deaths of the VIC
Tins By reason of criminal negligence on
th eIr part.
When the inquest opened this morning
Coroner Patterson decided Colonel AIMS.
worth should not be summoned to appear
as q wltnesss. This decision was parclpl-
tated by b. II. Warner. one of the Jurors.
in stating that several Of the jurors
would like the coroner to Issue
subpoena for Colonel AInsworth
to give testimony at the inquest. not
merely in regard to his own connection
with the accident. but with reference to
other parties concerned. "I see no rea-
son." said Mr.. Warner, why he should be
treated different from other witnesses.
Four of the jury favor having him before
us; two are Indifferent. Inasmuch as state
ments that this jury is prejudioed against
him have been made in the public press and
elsewhere. we think he should be made to
appear"
Coroner Patterson said he did not believe
that the presence of Colonel Aims
worth would in any way assist in determin-
ing how Frederick X. Lotus over whose
body the inquest was being held. came to
his death. Nothing could be gained by
sommoning him in his official capacity and
rs Colonel Ainsworth was not willing 20
appear as an ordinary citizen. he thought
nothing could be gained by calling him.
Mr. Warner stated that he wished to say
for the jury. In reference to the statements
of prejudice in the minds of several of its
mbers. that. mp to the time the in
quest proceedings began, the jury had the
highest opinion of Colonel Ainsworth, but
he had interjected himself upon them as q
defendant when be was not accused.
The testimony this morning was princi-
pally In reference to the character OF the
material used by contractor Dant In doing
the work beneath the Old theater building.
William Commack, dealer In cement,
testified he had cold Dant the cement used
by him in the job. 1t was the best quality
In the market. and the witness had had Ii
under cover for nearly year. Witness
admitted that he delivered the cement at
FOrd's Theater. He was shown some of the
sandy substance need as mortar In under
pinning the piers beneath the old building,
and gave 1T as ais opinion that u did NOS
IL was very poor mortar, he said.
A builder named Robert Clarkson testi-
fed that the building as it now stands. is
in q dangerous condition.
Interest in the efforts Of the jury to de-
termine where the responsibility for the
lapse of the building rested was in
tensified when Captain Thorpe. chief of
the supply division of the War Department..
was called to tho stand. From questions
asked last week by members of the jury il
was apparent that they had an idea that
Captain Thorpe was in some way responsi.
bic for the work beneath the building He
was questioned as to the bond given by
Dant. The testimony created Q sensation.
There was no bond. said Captain Thorpe
One had been drawn mp. but Dant came to
him and said that the man who was going
on the bond was brick contractor. and
said he onght not to go on. witness had
consulted with Colonel Ainsworth. and
Dant had been told TO 60 on without bond.
Mr.. Warner asked a series of questions In
regard to Mr. COvert's duties, and the wit
ness saidlhe should certainly consider that
superintendent Covert should have re-
ported any danger in connection with the
building. He should have reported to Col.
AinswoIth. Hedld not know what COverts
specific duties were. Colonel Ainsw0rth,
said the witness, was in charge of the
building and responsible for 1t.
Frank T.. Hopkins q sand contractor
testified that he sold Dant the sand for use
in mixing mortar at the theater building
given him. shown some of the mortar
taken from the ruins. Mr.. Hopkins said il
did not contain the sand furnished by him.
James A. Connor' a newspaper repre-.
sentative, said that superintendent Covert
had told him that Col. Ainsworth was d.
rectiy in charge ot the work beneath the
building. Nothing sensational was devel-
oped after this. Five witnesses testified,
the last being Butler Fitch, an elderly,
white haired clerk of the record and pen.
sion division, who said he came to the con-
olusion that the old theater building was
unsafe while the excavation work was 60
ing on and. therefore. on the day before the
catastrophe. asked and obtained i've days
leave
When Fitch concluded his testimony the
jury retired 10 consider it's verdict After
being out two hours the Jurors returned q
verdict. setting forth that Frederick Is.
Lotus came to his death by the disaster
at Ford's Thearer building on June 9. 1898.
They recite the fact that George w. Dant
was the contractor under the government
for the work In progress which caused the
disaster and all tho circumstances con-
neoted with the accident, and find that
Frederick c. AInsworth. in charge of the
building, VIM. u. Covert, the superlntend-
ent, Francis Sasse, the engineer, and Geo.
w. Dant the contractor, are responsible
for the killing of Lotus. The Jurors fur
ther lind that the failure of the govern
ment of the United States to provide for
skilled superintendence of the work of re-
pair And alteration of it's buildings in
charge of the War Department. Is most un-
businesslke and reprehensible. and are of
the opinion that If such superlntendence
had been provided in the case of the work
on the Ford Theater building the awful
tragedy might have been averted. Coro-
ner Patterson decided not to Issue war
rants for the commitment of Colonel Aims
worth. Dant. Covert and Sasse until to.
morrow morning, In order TO give them an
opportunity of obtaining bail. Colonel
Ainsworth has already secured a bonds
man. Contractor Dant is very i'll at his
residence.
HARD ON PENSION ATTORNEYS.