New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-14

IBY TELEGRAPH TO TIE TRIBUNE.1
Washington. June l3.-That Colonel f. c. AIMS
worth. chief of the records and pension division OF
the War Department, at whom public opinion here
points strongly the man responsible Tor the
Fords Theatre building disaster, will make bitter
and determined fight for exculpation by the coroers
Jury shown today By his extraordinary appeal
10 the District Court for protection before me
tribunal engaged In making the inquest In the
case OF J. II. Chaplin. Of the victims AS 'he
coroners jury is charged simply with hndihs now
Chaplin and the other twenty-five employees OF the
record and pension division who killed In the
falling Of the theatre building met their Deaths ana
whose shoulders II any, the responsibility Tor 'he
giving way OF the building rests. Colonel Aihsworth
In making his appeal for certain legal rights before
the jury Of inquest plainly and Internationally ac-
ceps the unenviable position Of defendant in the
case although as yet no formal definite charges
OF any sort have been made can be made against
him. lie seems In fact TO accept as inevitable some
sort OF presentation against him by the corOners jury
vt the conclusion Of the inquest and has made up his
mind minimize the effect of the finding If that be
possible by any means which may b. turned to ac-
count through his own personal participation with the
aid OF counsel In the conduct of the inquiry.
Tie coroner and the coroner's jury showed rather
p,ainy perhaps. yesterday, their conviction that the
presence of Colonel Ainsworh and his attorney,
Mr. Perry in Willard Hall had the effect OF In
timdating the witnesses called to the stand and
in their opinion, Colonel Ainsworth had no legal
status whatever a. a defendant before the jury, his
activity in the courtroom was improper interfering,
as evident with full and accurate determination
Of the facts about the disaster. Colonel Answorth
may may not share this conviction OF his own de
terrent influence the witnesses. lie intends ap-
parently at any rate to make the most possible Oh
such situation granting that it exists. and II the
supreme Court OF the District grants his appeal to
morrow and gives him the right to be present With
counsel at the inquest and 10 crosscXamine Wit
nesses there can be doubt that he VIII TAKE ad
vantage of these privileges to the utmost i'll the way
OF subjecting the employees still drawing pay under
him TO the embarrassments and trepida,ionS OF per
sonal examination the witness stand by their
autocratic and still powerful chief
1t Is very unlikely, however, that the petition for
the mandamus on the coroner, compelling him to
admit Colonel Ainsworth and his counsel before the
tury with rights OF crOss-cxaminaton, will be granted
by the court. Judge Cox, OF the supreme Court oil
the District 10 whom the writ addressed. was
too much engaged to hear the argument this after
noon, and turned the appeal over to the consuera-
ton Of Chief Justice Bingham, who. after having
notice served the coroner TO appear ana sho"
cause why the writ should not issue, postponed the
case until tomorrow morning. The DistrictAtoF-
n,y, Mr.. Birney, acting for the coroner. submitted
simply formal demurrer to the mandamus ana thls
will probably be accepted by the court as suhcleh
ground for refusal of the mandamus
Colonel Ainswor,h Is said. in fact. to have no
hope whatever of securing an order on the aorOr
by his lawyer of the defence he has 10 make against
the general charge Of accountability for h>t fnupY
disaster Ii is an appeal made In anticipation of
hostile verdict from the corOner's jury and Intended
10 affect that verdict by the parte SUBMISSION OF
bis own side of the before the testimony oi me
Witnesses summoned can have fun effect on the
CORNERS jury and on the public.
The testimony gwen to-day al the morning session
OF The jury a, Willard Hall was In the General hnr
OF that ELECTED since II became plain that the Jury
Would Insist each witness having Il free ana un-
embarrassed opportunity - express his true "l!igi
and knowledg, about the conditions preceding the
disaster. Evidence adfUccd in detail showing
that the real state OF the building had been SUSPECTED
by inany Of the employees. some OF whom had made
plans for escaping from II through windows 10 neigh
boring roofs in case OF the old theatres umhlng IN
A vast deal Of bitterness against colonel Alnswollh
for his methods OF dealing with the cnpl)y"s m MS
division was again disclosed this feeling becoming
more pronounced. apparently, as each days evdencs
llfts more seal Of hesitation and trepfation nom
The lips 4 the record and pension employees Colonel
Ainsworth being absent today there was no incla'
"A repetition OF the violent scenes OF ycSter
dry's session and much actual work was accom-
rlished toward reaching verdict. After the court
decides tomorrow morning on Colonel MnSworths
mandamus, the inquest will BE- taken up again.