The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-26
Holds Mayor Harrison and Sew.
erAl Others Responsible.
HOMICIDE is IMPLIED.
City Administration Condemned
in Severe Terms.
Officials Permitted to Give
Bond Without Arrest.


verdict in connection with the Iro-
quois theater disaster did not make any
specific charge against the persons held,
the implied charge is homicide, as each
was held to be responsible In a meas
ure for the death of the Iroquois VIC
tins, and the coroner had no authority
to fix bond. If arrested, the defend
ants must remain in jail until released
on bonds fixed by some court.
There is a possibility that the present
grand jury will hear the charges.
Mayor Harrison and Fire Chief Mus
ham refused to be seen when called on
after the verdict of the jury had been
handed in The others also declined
to discuss the case.
The jury, which for three weeks has
been listening to evidence relating to
the fire, returned a verdict by which
the following persons are held to await
the action of the grand jury:
Carter Fl. Harrison, Mayor of Chi
cago.
WIN J. Davis. proprietor in part, and
manager of the theater.
Geo. Williams, building commission
er of the city
Edward Laughlin. building inspector
under Williams.
ater.
James E. Cummings, stage carpenter.
| William McMullen, who had charge
|
! William H Musham, fire marshal
| The findings were as follows:
| The cause of the fire was drapery
coming in contact with flood or axe
light. City laws were not complied with
| relating to building ordinances regulat-
| ing fire alarm boxes, fire apparatus,
| damper or flues on and over the stage
and fly galleries, requiring frepoofing of
scenery and all wood work on and
about the stage. The asbestos curtain,
which was wholly inadequate, was en-
tirely destroyed. The building oTdi-
nances were violated in that aisles were
enclosed on each side of the lower
boxes, that fire apparatus was absent
from the orchestra floor, and that there
was no fire apparatus. in the gallery or
in the balcony. viii ]. Davis was held
4 responsible AS president and general
manager he was primarily responsible
for the observance of the laws and was
bound to see that his employees We're
properly instructed as to their duties in
case of fire.
In relation to Mayor Harrison, the
verdict reads as follows:
1--WE hold Carter H. Harrison, as
mayor of the city of Chicago, respon-
sible as he has shown a lamentable lack
of force and for efforts to escape re-
sponsibility. evidenced by the testi-
mony. Building Commissioner Williams
and Fire Marshal Musham, as heads OF
departments under said Carter H. Har-
rison, following his weak course have
! given Chicago ineffective service which
makes calamities such as the Iroquois
theat6r horror a menace until the pubs
lie service be purged of incompetence"
Building Commissioner Williams was
held for gross neglect of his duty in
allowing the theater to open its doors
| to the public when the said theater was
incomplete and did not comply with
the building ordinance of the city OF
Chicago"
Fire Marshal Musham was held re-
sponsible for gross neglect of duty in
not enforcing the city ordinance and
failure to have his subordinate, Will
lam Sallers. fireman at the theater, re-
port to him the lack of fire apparatus
| in the theater." SallerS was held for
not reporting the lack of fire apparatus;
McMullen for carelessness in handling
the light that caused the fire; Cum
mings as stage carpenter, for not pro-
viding the stage with proper fire pro-
| lection.
After the members of the jury had
departed, it was decided by Coroner
Traeger that it would not be necessary
to arrest Mayor Harrison, Fire
Marshal Musham and Building Com
missioner Williams and no officers
We're sent for them. All three Will be
given a chance to offer bonds Tor their
appearance when wanted. Mitimusses
| We're made out, however, for the arrest
of the other six men.
A special grand jury will convene
next week to reopen the investigation
and decide what action shall be taken
on the report of the coroner'S jury. The
charges as far as the city officials are
| concerned, which the grand jury Will
| consider is malfeasance in office Con-
| viction means their removal from ofhce
in addition to other penalties
ARRESTS ARE MADE.
Chicago Jan. 26.-Bearing the eight
mittini issued as the result Of the in
quiry into the Iroquois theater disaster,
Coroner Traeger and a number of de-
tectives today left the city hall with
Harrison, Manager Will J. Davis and
six lesser city officials and the stage
employees who were ordered held to
: await action of the grand jury. The
. first persons taken into custody were
: William AIcMullen, operator of the flood
, light from which the Iroquois fire is
) said to have started. and James E
) Cummings, stage carpenter at the 1ro-
: ouois under whose direction it is all
: legged the apparatus was constructed
which interfered with the descent of the
asbestos curtain. The mittimus for
by Coroner Traeger in person. The
coroner did not attempt to serve the
mittimus at once on the cityS chief
magistrate. The coroner said:
Mayor Harrison's mittinus will be
served some time today. The mayor is
| i'll and therefore will not be disturbed
unnecessarily
The coroner ordered tha@ as the other
mittinli were served the accused should
be taken to the central police station
and held until all had been arrested.
The prisoners were then to be taken be-
fore a Judge to furnish bonds.
Il Will J. Davis was arrested in bed at
his home. He was allowed to eat
breakfast Meanwhile his attorney ar
: rived and the party left on the ele
/ waited railroad for the business center.
| n