The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-28
CARTER HARRISON IS
RELEASED ON HABEAS
CORPUS PROCEEDINGS
Judge Tuthill, of the Criminal
Court, AbsolveS the Mayor
from Responsibility.
DID NOT NEGLECT DUTY
The Court Rules that He Did Not
Err, and Is Not Responsible
for His Subordinates.
VERDICT BY THE JURY
Mayor Harrison Says 1t Was 'Lit-
tie Short of Infamy'-Pro-
ceedings in Detail.
DID NOT NEGLECT DUTY
VERDICT BY THE JURY

CHICAGO, Jan. 27.-Mayor Carter Harri-
son, charged by the cOrOner's jury in the IrO-
quois Tneater case with the chief response
bility for the disaster, was released on
habeas corpus proceedings by Judge Rich
ard S. Tuthill, of the Criminal Court, after
he had surrendered and secured release of
bond given to secure immunity from literal
arrest
Mayor Harrison, accompanied by his
bondsmen and an attorney, appeared about
noon at the Criminal Court building. where
the mayor formally surrendered to Sheriff
Barrett and thus nullified the bond of $5,
900 given yesterday in court. Notice was
simultaneously served on the States
attorney that an application for a writ of
habeas corpus would at once be filed with
Judge Tuthill
Thls proceeding was at once instituted,
and at o'clock Judge Tuthll. after hav
ing the case under consideration for little
more than an hour, formally ordered his
immediate discharge from custody in con-
nection with any responsibility for the
wholesale loss of life in the Iroquois The
ater fire. The judge declared that the
mayor was in no way whatever guilty or IL
able, and that the coroner'S jury, in order
ing Mayor Harrison held to the grand jury
who had failed in no particular whatever,
either of omission or commission.
The mayors course to-day was said to
establish a new precedent in the use of the
writ of habeas corpus, as his arrest while
in office was unusual equally with the great
catastrophe back of it all. The reading of
the verdict of the coroner's jury was that
the mayor and the others accused of re-
sponsibility be held until discharged by
due process of law.
MAYOR HARRISON'S STATEMENT.
Following his release. Mayor Harrison
made the following statement
''The only possible feature that the jury
was able to find, connecting me with the
lroquois fire disaster, was the alleged
negligence and incompetence OF my APP
pointeeS, Fire Chief Musham and Building
Inspector Williams.
Il want TO call attention to the fact that
Chief Musham has been connected with the
Chicago fire department for forty years. be-
ginning at the bottom of the ladder and
winning his way to the position of assistant
chief by the gallant and heroic conduct of "A
lifetime. On the retirement of Chief Sweenie
| appointed Musham chief. The appoint
ment- MAS strictly ON Inertt and met with
unanimous approval When the position OF
building Inspector became vacant last sum-
mer / invited the Builders Club, the Asso-
citation of Architects and various other nom
partisan professional organizations TO nomi-
They united in nominating Mr.. Williams, a
Republican. and gave me the strongest tes-
tnOIldlS v.
appointed him and he entered most earnest
ly upon his duties. Both of these men were
considered ideal appointments. The imputa-
ton of guilt on these two men is entirely
unjustifiable. but To strike at me over their
shoulders is little short of infamy.
In delivering his opinion Judge Tuthill
said: Il have gone over the testimony of
Fire Marshal Musham and Building Com
missioner Williams and the mayor, partic-
ularly and 1 say without qualification
or hesitation that | find not one word in
the evidence, so far as L have examined 1t,
which tends even remotely, in my judg-
ment to show that the mayor had any
knowledge of this matter or that he was
in any respect negligent of any duty i'm
posed on him by the laws or by the rules
that commonly apply TO persons VINO are
responsible for the safety of others
After mentioning a resolution or Coun-
ell suSpendng the penalties imposed on
theaters for noncompliance with the law.
pending the result of an investigation, and
the action thereon, Judge Tuthill continues:
''The most careful and cautious man that
could occupy the mayors chair could not
have done more than he did.
81 find that there were gross VIOLATIONS
not only of the city ordinances, but of COM
mon rules of safety that anybody without
any expert knowledge would have said
were absolutely essential TO the lroquois.
But how the mayor, who is simply at the
head of the city government could be held
responsible for any misconduct on his part
in view of this evidence, / cannot conceive.
1t seems to me IL would have been just as
reasonable to say that because an insane
asylum was burned that the Governor
could be held over by coroners jury Tor
being a party, criminal party TO such loss
of life and held over criminally to a grand
Jury because, forsooth, an insane asylum
under the charge of one of his appointeeS,
the warden, had been burned.
THE order of the court will therefore be
that the petitioner be discharged from all
custody on account of this finding of the
coroner'S jury.