Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-12-04
FATALLY DEFECTIVE.
The Indictment Against Col Aims
worth and Others So Pronounced
BY DECISION OFT THE COURT OF APPEALS.
The Demurrer of the Accused's
Counsel Sustained.
A NEW INDICT MENT.

This afternoon after the adjournment OF
the Court of Appeals. the opinion Of the
court in the case of Messrs. Ainsworth,
Dant, Covert and Sasse indicted for man.
slaughter in connection with the Ford's
Theater disaster Of June last, was filed.
Chief Justice Alvey writing the opinion
The opinion, an unanimous one, declares
the indictment to be fatally defective, thus
reversing the Judgment of Judge McComas
who sustained the indictment in the court
below. Criminal Court, No. 1, and remands
the case to that court for further pro-
eeedings. These further proceedings in the
Criminal Court will merely be to enter
the mandate Of the Court OF Appeals in
the case and to order the discharge OF the
four defendants from further answering
the Indictment The sustaining of the de-
PENDANTS demurrer to the indictment neces-
states, of course another Indictment, and
as has been heretofore explained in The
star, the district attorney will at once set
at work to secure another Indictment
The opinion is as fellows:
Text of the Opinion.
This case is brought into this court on
appeal from an mterlocutory judgment OF
the court below, rendered on a demurrer
to an indictment against the defendants
is overruled and the defendants required
to plead 1t is owing to the peculiar cir
cumstances Of the case with the prospect
OF a very protracted. laborious and ex-
pensive trial that this court deemed IL
proper and 10 be in the interest of justice
TO allow the defendants to bring their case
here by an appeal and to be heard as to
whether there was sufficient indictment
against them upon which they could be
tried and convicted. We deem IL proper,
. however. Will
nish precedent 20 be readily and lightly
followed in the future practice OF the court.
for 10 AFFORD facility to the allowance OF
appeals in criminal cases from mere inter-
locutory judgments would greatly obstruct
and delay and in many cases seriously en-
barrass If not entirely defeat the fair and
speedy administration of the criminal law
in this District.
We must avoid producing such a result
The indictment is against four persons.
Ainsworth, Dant, Covert and Sasse, charg-
ing them with the omission or neglect Of
duty whereby death was caused to one
Frederick b. LOTUS named in the indict-
ment The occasion of the alleged omission
or neglect Of duty and the result I'm death
OF the party named was the change or al
teraton attempted TO be made in the in
terror foundation supporting the walls or
piers of that Inflated building on 10th street
between and + in the city of Washington
known as Ford Old Theater. The build
ing was used by the government as the
record and pension office of the War De-
partment and the purpose Of the change or
alteration I'm the foundation of the interior
supporting walls or piers was the prepara-
tlon Tor the Introduction of an electric light
ing plant or apparatus for lighting the
building The building and the official work
conducted therein and all the clerks en-
gagged IN the work We're under the direction
or the control Of Col Ainsworth one os
the defendants charged in the Indictment
On the 9th OF June, 1s98 the time OF the
oeSurrsnce oeSoi OF the appalling catastrophe
referred TO in the Indictment the building
was hlled with clerks and employees OF the
government
But n Single Count.
The Indictment contains but a single
count 1t is very long and elaborate, and
states at great length the full particulars
or the structure, and the relations of the
several parts of the buildings. the one To
the other, and the dependence for security
OF the several floors of the building ,,non
the interior foundation walls or piers and
! OF which dependence il is alleged the de-
fendants had knowledge
1t Is then averred that Ainsv-or,b ana
Ihe other defendants undertook and as
! sumed the performance of all ana every
| part OF the work which became and Was
Necessary TO permit of the introdt,ction
| INTO the building of the electric light miami
ana such work was being performed and
while being so performed il was under the
ehtire care, charge, control, management
ana supervision Of the defendants ana
| having undertaken and assumed the rer-
formance OF the work and having the en-
TIRE care, charge, control management ana
| supervision thereof il became and vas
/ their duty TO so regulate and conduct the
performance OF the work and all parts
/ thereof as rot to endanger the stability
of the second and third floors OF the build
! ing, and to DO and TO cause TO be done ana
! TO require to be done everything tntheir
| power, and to use and exercise every care
l and precaution in their power necessary
! TO render and make the performance Of the
work and each and every part thereof safe
and secure and free from danger TO the
! lives OF the persons in the building for the
! time being. among whom was LOTUS, the
| party whose death was caused by the al
! legged omission or neglect OF duty by de-
! PENDANTS.
The Work of Excavation.
But, as alleged by the Indictment being
wholly urfnindful, neglectful, and regard
/ less OF their duty in that behalf, the de-
| PENDANTS did willfully and feloniously ne
glect and omit to so regulate and conduct the
/ performance of part Of the work, to wit:
The work of excavating and removing the
earth from around about and under the
pier at the west end of the most northerly
OF the interior walls OF the central cellar,
| as not TO endanger the stability of the said
/ second and third floors of the building; and
then and there &C, did wilfully and felon-
iously further neglect and omit TO do and
cause TO be done, and 10 require to be done,
everything in their power, and TO use and
exercise every care and precauton I'm their
/ power necessary to render and make the
performance Of the part of the work last
mentioned safe and secure, and free from
danger TO the lives of the persons in the
/ building at the time being; but. being so
I wholly unmindfuL neglectful, and regard
less Of their duty in that behalf to the con-
trary, did then and there, &c. improperly
/ remove and cause to be removed, and suf-
fer and permit To be removed from around,
! about and under the pier last aforesaid
! the earth supporting the same, without
| first having relieved or caused said pier
4 to be relieved, by the device called shoring
| or in some other feasible way, from the
/ great pressure upon II Of the weight Of the
l iron columns, &c.
! In conclusion the court said the inter-
locutory judgment Of the court below, over
/ ruling the demurrer and requiring the de-
! PENDANTS TO plead, must be reversed, and
! the cause be remande1 that the Indictment
! may be quashed; and it is so ordered.
THE SENATE PAGES.