Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-02
AN OLD CLAIM REVIVED
BILL TO PAY DAMAGES In
CURED THIRTY YEARS AGO.
Alleged Liability CT District for Acct
dent at the Old Northern
Liberty Market.

to Congress a report on bill involving the
question of damages claimed to nave re-
suited from the falling of the walls OF the
old Northern Liberty market house. more
than thirty years ago The bill Is 1or the
relief of Anna r. Widmayer OF TINS city
and Edgar II. Bates OF Brooklyn. N. T.
and the Commissioners report that o"lis
to the lapse of so many years since the
deaths referred to in the bill occurred 1t
would be extremely difficult. II not I'M
pra cticable, for them to determine the la
bslity of the District, II any. IN the prem
tses.
In statement on the case submitted to
the Commissioners by Auditor Garrison it
is stated that there is on file in his once
copies of a number of ex parte andaVits
touching upon the matter These amdasits
show that Ann r. Widmayer Is the WIDOW
of the late John Wildmayer. and that Ed
gar II. Bates is the father of the late Mil
lard Fillmore Bates. On september 4, lotA,
1t Is stated John Widmayer and Willard F.
Bates the latter about fourteen years old
at the time, were caught by the falling
walls of the Northern Liberty market
house and killed at the time of the tearing
down and removal of that building by the
board of public works OF Washington.
1t is alleged that no notice was given to
the public of the intention to tear down the
market house; that the intention and pur-
pose was concealed from the dealers IN
ferested therein and from the citizens of
the District that no watehnen. guards or
other persons were placed about said build
ing at the time of it's destruction to give
notice to the public. or to those interested
in the property. of the danger to life that
existed by being present therein or there
about.
Caught by Falling Walls.
1t is further alleged that John Widmayer
was engaged in the removal of his prop
erty from the building. and that young
Bates was assisting Mr.. Widmayer at the
time they We're caught by the falling walls
and killed
1t is also shown that the coroner's jury
charged with Inquiry into the cause and
manner of the deaths of the parties men,
toned found that the board of public
works by neglect to give notice of the re-
moval of the market. merit the censure of
the jury"
Flied with the affidavits, according to the
auditor. are several extracts from The
Washington Evening Star giving
count of the accident. One extract. publish
ed September 4. 1872, is as follows:
During the day nine policemen-six from
Lieut.. Eckloff's precinct and three from
Lieut.. Keiiy's-had been detailed to keep
men out of the ruins, and they say they re-
pea teddy drove them out and warned them
of danger. An officer states that IA few sec
onds before the wall fell he had driven
young Bates and several other boys en-
gagged in rat hunting out of the ruins, and
when the crash came he did not suppose
any one had been injured"
The verdict OF the coroner'S jury. stated
to have been copied from the issue of The
Evening Star of September 5. 1872. is as fol-
lows:
..That the said John widmayer and VIII
lard Bates came to their death between the
hours of l and 2 o'clock on the 4th day of
September, 1872, in the city of Washington
and county aforesaid. by reason of wounds
received by the falling of the walls of the
Nnrfh nr tSaf ia
mayer while removing his property from it
and the said Willard Bates at the same
time, while hunting rats; and they further
find that the board of public works. by neg
lecting to give notice of the removal of
said market merit the censure of this
jury
Reasons for Quoting re"
THE foregoing extracts from issues OF
The Evening Star published at the time OF
the accident referred to-" says the ae-
ditor, mot as evidence. but as tending to
show that the allegations in the ex parte af
fidavits previously mentioned, cannot be ac-
cepted as conclusively showing that the
District authorities failed to place any
watchmen, guards or other persons about
the building at the time of its destruction
to give notice to the public or to those In
terested In the property of the danger to
| life that existed by being present therein
thereabout, or that young Bates was assist
ing John Widmayer in removing his prop
| erty from the building, at the time they
| were crushed by the falling walls.
There is no satisfactory evidence avail
able to this Office bearing upon the ques-
| tons arising in the consideration of the bill
| upon which the auditor can express an
| opinion touching the merits Of the bill and
| the propriety of its passage"
Auditor Garrison calls attention to the
| fact that in January. 1897, Congress author
| lied the auditor of the Supreme Court of
| the District to examine and audit for set
| Element all claims for property taken, In
| jured or destroyed by reason of the de-
struction removal Of the Northern Lib
| erty market. Mr.. Garrison suggests that
| the only method by which the claim of Mrs.
Widmayer and Mr. Bates could be salts
| factorily determined would be by reference
| to some officer or commission authorized
| to take testimony and examine witnesses.