Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-13

Inc fetttfOn In Full - It Tells OF Col.
Ainsworth's Connection With the Build
ing and the Accident-says His Life Was
| Threatened.
Tho sequel to the demonstration against Col.
Fred. c. Ainsworth at the coroner's inquest
yesterday in the matter Of the jury's inquiry as
to the death of the victims Of last Fridays ter
rible calamity at Ford's Theater building, when
Deputy Coroner Schaeffer intimated to Col.
Ainsworth that not until his withdrawal would the
inquest proceed, developed this morning when
Mr.. R. Ross Perry, the counsel for Col Ainsworth,
| filed with Judge Coz in Circuit Court, No. 2, a
petition for . mandsmus praying the court to
compel the coroner to permit Col. Ainsworth
and his counsel to appear at the inquest, listen
! to, and, il deemed advisable by him, to cross
examine witnesses. Judge Cox being other
wise engaged sent the petition to Chief Justice
Bingham, who issued writ on Coroner Shaeffer
/ to appear at s o'clock and show cause why the
mandamus should not be allowed.
THE PETITION
Col Ainsworth's petition for the mandamus
| is as follows:
| To the Hon. Walter s. Cox, one Of the JUS
tees Of the Supreme Court Of the District of
Columbia, holding circuit court for the said
District;
Fred @. Ainsworth, relator, respectfully
showeth unto your honor as follows:
| That he is chief OF the record and pension Of
| fee of the War Depar tment Of tho government
| Of the United States, with the rank Of n colonel
in the Army Of the United States. and as such
is, among other things, charged with the su-
pervislOn Of the clerical force employed in one
of the branches Of the said record and pension
/ Office. which branch 10 located in the building
commonly known as Ford's Theater, In the
city Of Washington. District Aforesaid, which
building 10 the property of the United States
That the said building has been owned by the
| United States since about the year 1866 and
| has since that time been continuously used in
various capacities by the War Department Of
the said United States.
That the relator was in the year 1887 placed
in charge Of the said building in his then
| capacity Of officer in charge Of the record and
| pension division of the Office Of the surgeon
general Of the army of the United States.
| MADE INVESTIGATION.
That as the relator had heretofore heard GER
tain rumors touching the security Of the eastern
wall of the said building, he. when he assumed
control In the said year 1887, made diligent in
quiry of the officers OF the War Department, who
had long been acquainted with the condition Of
the said building. with respect to the said ru-
| mors, and learned from them that said wall had
long, prior to said inquiries, been made per-
fectly secure and that the entire building was in
every respect safe. Tha. the reports OF these
officers were, during the year 1888, confirmed
by statements made to the relator in person by
Edward Clark, architect Of the Capitol: Thos.
B. Entvistle, building Inspector of the District
Of Columbia, and Bernard R. Green, civil en-
gineer, now employed in the construction of the
Library Of Congress. That the relator
placed additional confidence In these
statements, because he personally knew
| that these walls and Hoora had FOR
many wears mp 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 said building
| In 1887. subsequent TO which time the space
formerly sustaining such great weight has been
| occupied almost entirely BY clerks and their
desks, whose combined weight was very many
| times less than that Of said museum and
library.
THE EXCAVATIONS.
That the relator, having in the years 1855 and
1889, applied for and obtained a new steam
heating apparatus and entirely new plumb
ing outfit for this whole building, desired to
further promote the comfort and convenience
Of the clerical force in the said building by
procuring for them electric lights. it having
| heretofore been necessary TO use gas lights In
certain parts Of the building durinr
the regular Office hours. For the
purpose of locating this electric light
Of the basement of the building, it became
necessary to excayate q space about twelve feet
in width between two partition walls running
from west to east in the basement Of said build
ing. That the said walls and certain piers
built in them were required to be uuderpinned
! on account Of said excavation. That the re-
lstor caused to be prepared speci-
fcations, showing the work desired to
be done, and presented the same for consider
alton to the officer Of the War Department
irho al <ha dub - n
| such work. Thereupon the said work was ad-
| vertsed for bids by the said officer and a large
| number Of builders examined the premises in
question in the light of said specifications with
a view to bidding for the said work. That
| thereafter fourteen Of the builders did bid Tor
the said work, proposing to do the same
in accordance with said specifications and
| without damage to the said build
ing. That not only did none of these builders
who examined the said premises suggest any
| probable danger in the execution of the said
work. but that upon inquiry all of them pronoun-
ced the same feasible and safe. Thereupon the
said work was let according to law by the said
officer who invited the said bids to George w.
Dant, who was the lowest bidder therefor
and who is q man Of excellent repute in his
business.
| ExAMINKD THE WORK.
| That the said Dsnt thereupon entered upon
the execution Of the said work. That pending
the said execution the relator, from abundant
caution, noticed the progress Of the work from
| day to day. himself going into the basement
| where it was being done, in order that, in case
there should appear the slightest indication
| of danger, he might at once remove all occu-
pants from the said building. In addi-
ton to this and for the same purpose
the relator required the superin tendent of the
building to constantly watch the said work and
instructed him to report Immediately any indi-
cation of danger. That both the relator and
the said superintendent were upon inquiries re-
peatedly made always assured that the work was
progressing with absolute safety and that there
was no occasion for any solicitude.
THE RoPEp OFF SPACE.
That the relator has never himself enter
tanned any idea that the doing of the said work
was dangerous, nor has any one of the numer-
GUS occupants of the said building made anv
suggestion OF such danger to him or to any one
else to his knowledge until after the happening
OF the accident hereinafter set forth. That a
small portion of the ground floor Of the
| building, which portion to be removed
subsequently, was roped off because it
| was supported only by joists which
had rested upon ground that had then been
excavated, and not because OF any apprehen-
sion Of danger to the building. That the re-
lator neither gave nor authorized any instruc-
tions to any Of the clerks in said building with
respect to his moveme nts in or about said build