The Corvallis times. (Corvallis, Or.) 1888-1909, 1904-01-30
CORVALLIS, N.JANUARY 30. 1904. .7E.ss

Judge declared the mayor was in no
way whatever guilty or liable, and
the coroner's jury. in ordering him
held to the grand jury, had put an
unjust stigma on the mayor, who
had failed in no particular whatev-
er in omission or commission
The court decla ed the chief ex-1
ecctive OF the city could not legally
be held for any alleged fsIture Of
subordinates to perform their du--
ties.
The mayor secured his release on
a writ of habeas corpus, as his ar
rett while in office was unususl.
The reading of the verdict of the
coroner's jury was that the mayor
and the others accused of responei-
bility should be held until dis
charged by due process of law
The may or, as soon as he decided
on bis course, accompanied bv his
bondsmen and an attorney, appear
ed at the criminal court building,
where Mayor Harrison formerly
surrendered himself to Sheriff Bar
rett and thus nullified the bond If
| SIS, 900 given yesterday in court to
secure the mayors freedom from
literal custody. Notice was stimuli
taneously served on the states at
torney that an application for
writ of h abeas corpus would be at
|. once filed with Judge Tuthill.
In delivering his opinion Judge
Tuthill said:
81 have gone over the testimony
of Fire Marshal Musham and Build
ing Commits sioner Williams and
1.-The mayor particularly, and I can
/ cay without quail fcation or hesisa-
ton that / find not one word in the
] evidence, SO far as 1 Lave examined
lit, which tends even remotely, in
my Judgment to show that the may
l:or hal any knowledge of this mat
ter, or that he was in any respect
negligent of any du'y imposed upon
him by the laws or by the rules
that commonly apply to persons
who are responsible for the safety
OF others.
Il find there were gross viola
tions not only Of the city ordinan'
ces but. of common rules of safety
3 that anybody without expert knowl
edge would have said was absolute
ly essential at the Iroquois. Blu
J. how the mayor, who is simply a
: the head of the city government
: could be held responsible for an.
). misconduct on his part in view
:. this evidence 1 cannot conceive.
q Following bis release, May or Har
u rison made the following statemen
t to the Associated Pfess:
. "Tte only possible feature whic
Q the jury was able to fnd connectin
: me with the Ircquois fire disaste
was the alleged negligence, and il
n competency of my appointeee, Fir
Chief Musham and Building lr
@ spector Williams. I want TO ca
q attention to the TACT that Chief MI
: sham has been connected with th
: Chicago fire depa, tment for a
years, beginning 1t, the bottom {
q the ladder, and winning his way
70 the position of assistant chief b
!. the gallant and heroic conduct Of
q lifetime. Upon the retirement I
't Chief Sweenie I appointed MushaI
le chief. The appointment was o
'e merit, and met with unanimous al
IL provsl.
l. when the position of buildin
commissioner became vacant, lal
'e summer, I invited the Builder
ot Club, the Association of Architec
le and various nonpartjsan profession
l. al organizations to name the be
available man for the vacanc,
'e They named Mr. Williams, r.
: publican, apd gave me the stron!
10 est testimonials 10 his charact'
le and efficiency. I appointed hin
"a aud he entered most earnestly upc
/ his duties. The imputation of gui
y upon these two men is unjosti6abl
% bat to strike at me- over their shou
"a ders is little short Of infamy."