Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1904-02-03

were pronounced illegal. The mitti-
mus in each case is held by Corpora
ton Counsel Tolman to be- illegal: Cd
in not stating for what crime or
offense the prisoner had been commit
ted; CD in that arrest cannot be order
ed except in cases where the person
apprehended actively aided in the un-
lawful killing of the subject of an in
quest"
ExOnerates Mayor Harrison.
Chicago, Jan. 29.-By decision in
which the verdict of the coroner's jury
as it related to him was spoken of as "a
very great wrong" and IAN unmitigated
stigma" Mayor Harrison on Wednes-
day afternoon was granted writ Of ha-
beas corpus by Judge Richard Tuthill
A declared willingness on the part of
the jurist to grant the writ on the ground
that the form of the jury's findings was
illegal was objected to by the mayor,
who insisted on a determination of the
case on its merits.
No Basis in Law or Fact.
1t was on the specific question of
whether there was evidence before the
jury which warranted the holding of the
executive that the courts ruling finally
turned. The question was disposed of
by the court when he declared that the
verdict was without any basis in the law
or in the facts as they have been testified
to before the coroner's jury"
Judge Tuthill held that the mayor
was no more liable than the governor of
the state would be If a big charitable in
stitution were to burn down. with con-
sequent loss of life, or than the president
of the United States would be if such a
calamity were to befall at the Naval
| academy or at West Point. 1885,
An order was issued forthwith that
discharged the mayor from the custody
OF the sheriff and that absolved him of
the charges lying in the coroner's YER
dict. The result is to remove the mayor
from the whole matter and to relieve
the grand jury of any necessity of sum-
mon1ng him for examination when it
takes the next step in fixing the blame
for the calamity.
1nasmuch as the docket is made up
and the returns of the coroner's jury
have been filed with the states attorney
1t is considered probable by competent
lawyers that the grand jury, to clear the
records, will go through the perfunctory
process of voting no bill against the
mayor. An indictment, however, it ia
argued, would be in contempt Of court
so that the ruling of Judge Tuthill prac-
tically disposes of the case.
Jury Partly indicated.
While generating the mayor, Judge
Tuthill incidentally INDICATED the jury
In some of it's findings. He declared
that the evidence showed "gross viola.
lions not only of the ordinances, bu;
also of the common rules of safety that
anybody, without expert knowledge
would have said were absolutely essen.
tial at the 1roquois theater." By in.
ference, the jurist placed the reponsi.
bility for these conditions upon the
mayors subordinates.
The courts declaration that the find.
1ngs of the coroner's jury in them.
selves charged no offense, and, there
fore, were not sufficient to hold Mayo1
Harrison, probably will be taken ad.
vantage OF by some of the other de.
PENDANTS. Fire Marshal Musham prob
ably will be first to act. The form ir
each case was the same, there being NJ
specific charge made against any, ane
each one held may be entitled to obs
charge on technicalities. Little would
be gained, however, by such a proceed
ing as it would not interfere in an,
manner with the right Of the grand iur,
to consider the case
Others May Take Same Step.
Discharge of Mayor Harrison from
responsibility for the disaster has es-
tablished a precedent that may be
taken advantage Of by others placed
in the same position by the coroner's
jury that conducted the inquest. II
is said that both Chief M1sham. Of
the fire department, and Building
Commissioner Williams are consider.
Ing filing applications for a writ Of
habeas corpus, and that counsel TO,
Will J. Davis are looking into the
question whether the principles LAID
down by Judge Tuthill are not an.
plicable to the theater managers case
Three Children sunocated.
New York. Jan. 29.-Three children
Of Louis Cohen were suffocated here
Thursday in fire in a six-story ten.
ement In Madison street.