The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-06-15
THE INQUEST NOT LEGAL.
The Deputy Coroner Not an Au-
thOrlzed Official.


Ainsworth Not Entitled to Stay In
the Room II the Coroner Thinks It
Inadvtsable For Him TO Do So.
Washington, June 14-The supreme
court of the District of Columbia this
morning dismissed on two grounds Col.
Ainsworth's petition for mandamus TO
compel the deputy coroner to allow him
to be represented az the inquest on the
victims of Ford's theater disaster. The
court held, first, that the deputy coroner
is not legal officer. This invalidates
the inquest as far as held. The second
point is that the right of person to be
present at an inquest in person or by
counsel is discretionary with the coroner
and therefore not q subject for a man
damus
Chief Justice Bingham, in his decision,
salo an examination of Lamonty eStab-
hshed what he had never doubted that
coroner in holding an inquest sat as a
court, and was invested with the power
and authority of judicial officer. It was
well proved that in the absence of an ex-
press statutory provision such an official
could not delegate his authority to
another. In the course of his opinion
he took occasion to lecture the
excited clerks who thronged the court
room on the necessity of maintaining de-
corum. He told them a coroner's court
was not to be considered as a town meet
ing. However deplorable the circum-
stances, it was the duty of all good citi-
zens to pay respect to the law. What
ever the findings of the cOroner's court
might be they were not final and any
wrong done could be righted by proper
legal means hereafter. He admonished
them to let further proceedings be con-
Quoted IN a quiet, orderly way by the
coroner himself and to reprcss their feel
ings. This admonitiOn had good effect.
In Difference to the decision of the court
that there is no such officer of the District
of Columbia as a deputy coroner, DIR.
Schaefer, who has been conducting the
inquest at Williard's hall in that supposed
capacity, Immediately adjourned the pro-
ceedings until tomorrow at II o'clock
The curious point now develops that there
is no body that has been viewed by
legally constituted cOrOner's jury and un-
less one of the injured victims still linger-
ing should die it may be necessary to ex-
hume body.
NEW INQUEST oRDERED.
The commissioners of the District of
Columbia decided this afternoon to order
q new inquest over the victims of the dis
aster and directed District Attorney
Thomas to assist Coroner Patterson in
conducting it. In view of DIR. Patterson's
i'll health the commissioners thought
seriously of appointing a new coroner, but
on DIR. PattePson's statement that he
could conduct the inquest if Mr.. Thomas
were allowed to assist him, the inquest
was ordered 1t was ascertained
that the bodies of LOTUS and
Pagan, two of the victims, were still
H., ~.
the officers of the cemetery were directed
not TO inter them without permis-
sion Of the coroner. Patterson decided
to resummon the old Jury, Messrs. Warner
Harvey, Ayre, Kellogg, Schneider and
Sibley. One of the bodies at Glenwood
will be viewed by the jury tomorrow and
the inquest began anew. Just how far
the acts of the deputy coroner prior to
Justice Bingham's decision will be in
validated is rather curious question. 1t
is believed that nothing serious will re-
suit. This is due to a fortunate combina-
ton of circumstances under which few,
if any, persons have been com
mitted to Jail by him as
deputy coroner who escaped
subsequent indictment by the grand jury.
Nowhere can there be found any authority
for the appointment of deputy coroner,
and such an official is not named in the
list of appointees under the district com
missioners. An appropriation was made
by the last congress for $500 for an assist
ant to the coroner, but this is not avail
able until July /. 1t is claimed that at
torneys have casually called attention to
the want of authority in this particular
in the past, but the question was only
raised in court of law four years after
such deputy entered upon the perform
ance of his duties.
FRAMING THE TESTIMONY.
Maj Davis, Judge advocate of the army
court of inquiry appointed to investigate
the disaster, is now engaged preparing
the framework of the evidence to be sub
mitted to the court and is ascertaining
names and knowledge of different wit
nesses who may be able to throw any
light on the case His idea is to summon
only witnesses, so as to arrive at a clear
understanding of the facts and avoid taxi
ing mass Of merely cumulative testi-
mony.
Under the ruling made by Chief Justice
Bingham of the district supreme court
this morning there is 70 such officer as
deputy coroner clothed with judicial
power, and the application for a writ of
mandamus asked for by Col. Ainsworth
was dismissed on that ground but the
court, loath to dismiss the application on
a technicality, entered somewhat into the
merits of the case. He said that the un-
fortunate calamity which caused these
proceedings to be reviewed was one that
had excited the greatest public attention,
and the question reached by the applica-
tion for maDdamus was one of unusual
importance.
POWER OF THE CORONER.
The coroner himself, when holding an
inquest, was vested with all the authority
of a Judge to summon witnesses, punish for
contempt and disorderly conduct. He
had power to exclude any person whose
presence he became convinced was an OBJ
struction to the inquiry for which his
court was ordered. If it was apparent to
him that the presence Of any person pre-
vented the production of the full testi-
mony, that might otherwise be produced,
his powers were sufficient for him
to say that. for time at
least, while certain witnesses were testi-
fying such persons should retire from the
court. Whether he should do so or not
was a matter for his discretion and judg
ment and his alone. Whether the cir
cumstances detailed in Col. Ainsworth's
petition was sufficient TO justify him in
exercising his authority was for him to
decide. and not for the court A man
damus, said the court, does not lie against
discretionary power, but is used to com
pei the performance Of a specific duty.
Under the facts set out in the petition at
the bar no mandamus can issue.