The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-22
FIVE INDICTED.
Grand Jury Places Blame for
IroQuois Fire.

chicago FEB. 22.-MayOr Harrison
and Fire Chief Musham have been ex-
onerated, and five persons were made
subjects of indictments by the special
Iroquois grand jury. Three of the in
dictmentS charge manSlaughter against
theater men, and the others charge
city officials. The latter charge
amounts to malfeasance in office
After completing its vote the grand
jury turned the indictments over to the
states attorney to be drafted, and took
recess until 2 p. m. on Tuesday. At
that time the indictments will be re-
turned into Judge Chytraus' court, and
capiases for the arrest of the defend
ants will be issued.
In the meantime a committee of three
jurors Will prepare a written report to
the court, covering the work done and
setting forth recommendations sug-
gested by the evidence. A large part
of the report it is said, will be devoted
to an explanation of the mo bills" in
the cases Of the mayor and the fire
chief.
Those against whom indictments
were voted are:
Will ]. Davis, manager of the theater
and president of the Iroquois Theater
company; charged with manslaughter.
Was held by the coroner'S jury in bonds
of $4,000, which are still in force.
Thomas J. Noonan, treasurer and as
sistant manager of the theater; charged
the coroner's jury, and testified before
the grand jury.
James E. Cummings. stage carpenter
at the theater; charged with man
slaughter. Cummings was held by the
coroner and is under $4,000 bonds.
George Williams, building commits
sioner; charged with misfeasance. Was
held by the coroner in bonds of $4,000
Edward Laughlin, building inspector,
who was intrusted with the inspection
of Tron110iS fhPafPE- charged with
misfeasance. Is under $4,000 bonds,
having been held by the coroner.
mo bills" were voted also in the
cases of William S. Sallers, the house
fireman, who was held by the coroner
in bonds of S., 900, and of William Nc
Mullen, the "f1ood light operator. who
was held by the coroner, remaining in
the county jail several weeks before Sc
The penalty for involuntary man
slaughter, which is the form the in
dictments will take is an indeterninate
sentence in the penitentiary, ranging
from one year to life.
The penalty for ''palpable omission
of duty by a public official is fine
not exceeding $4,000, and may include
removal from office.
Mayor Harrison owes his escape in a
great measure, it is said, to the test1-
mony of four of his SubordinateS, who
gave evidence before the grand jury
that was not developed at the coroner
inquest. The coronerS jury based Its
action in holding the mayor on the
theory that, having been informed by a
report from Building Commissioner Will
liams that every theater in Chicago was
violating the ordinances, he. should not
have allowed the Iroquois to open with
out having assured himself that it was
safe Even the mayors own testimony
before the coroner did not show that he
had taken any action in regard to as
pertaining the condition of the Iroquois
before the theater was granted license
to OPEN
The new evidence was supplied to the
grand jury by City Clerk Fred Q. Ben
der. his chief assistant, Edward Ehr-
horn; City Collector Edward Lahiff. and
Deputy Collector J. F. Mccarthy. They
testified that after the Williams report
on theaters had been referred to the
council by Mayor HARRISON, the latter
called a conference, at which Commits
sioner Williams. Collector Lahiff, Clerk
Bender, and Deputy Ehrhorn were pres
ent. At this conference Mayor Harri-
son directed Bender and Lahif not to
issue any more theater amusement IL
censes until a report was received from
Commissioner Williams that the appli-
cant theater was complying with the
ordinances. The application of the Iro-
duois theater was produced and showed
| that it had been Endorsed by Commits