Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-01-13
THE LAWS DELAY.
Why the Authors Of the iroquois Thea
tire Horror Are Unpublished.

% 1t WAS on Dec. 80. 1903, that
almost six hundred people We're burned
to death in the Iioquois Theatre. IL
was IN February of last year that the
grand jury indicted three persons for
mans:iughtcr and two persons for neg
lect of duty. The TWO persons indicted
for neglest Of duty We're George Will
liams, building commissioner Of the city
of Chicago, ANA Edward Laughlin.
building inspector. Their cases have lain
dormant awaiting the decision of the
court III the other cases. The three
persons indicted for manslaughter were
viii j. Davis, manager of the theatre:
Thomas EoOnan. his assistant; and
James +. Cummings, stage carpenter.
The manslaughter cases were due TO
come up in course of the regular call
some time during the summer They
thus encountered the vacation period
and We're postponed till the fan term.
When the fall term was reached the
attorneys for Mr.. Noonan and for Mr..
Cummings demanded IA change OF
Venue. They said that the violent
popular prejudice against the defend
ants. which had subsidized during the
summer. had again broken out and that
an impartial jury could not he obtained
in Cook county. The argument on this
point lasted for A week. Ii included
the presentation to the court of innu-
merabie atfida Wits from citizens of Chi
cagO alleging n state of popular excite
ment and resentment. This initial
mass OF testimony was of Il bulk that
indicated the resources and privileges
%: demonstrating defence. AT last
the motion for a change was granted
and the trial of Mr. Noonan and of Mr.
cummings WAS transferred to the
county of Peoria.
Turning back. then. to the trial of
Mr. Davis. the court received a motion
from Mr.. DaviSS attorneys to the Eff
feet that the Indictment against him
be quashed. \ day was set for oral
arguments. These arguments We're
stretched out through about Il week
Even then they We're not adequate
The Court demanded further argu-
ments III writing. Whereupon. at in
tervalS. the attorneys for the defence
filed brief. the states attorneys office
for the prosecution filed IL brief and the
attorneys for the defence filed reply
cases. involving presidents and princi-
pies. They illustrated the puzzling
fact that precedentS instead of fixing
the law and making it clear. seem to
increase its confusion and to eXpend the
field of necessary research.
Since the filing of the briefs with re-
gard To the quashing of the Indictment
against Mr.. Davis nothing has hap
pened. Judge KerSten. who is hearing
the cases and who granted the change
of venue for Mr.. Noonan and for Mr..
Cummings. is provided with daily work
in the Criminal Court Building. He is
at present engaged in the perjury case
involving Inga Hanson. This case will
last month. Judge Kersten says that
the cases cited in the Davis briefs We're
so numerous that he had not been able
vet to read them. He cannot say when
his decision will he made.
Meanwhile the cases affecting Mr.. |
Eoonan and Mr.. Cummings in the
county of Peoria are held up in antici-
patton of the Davis decision and the !
cases affecting MIR. Williams and Mr. |
Laughlin in the county of Cook are |
held up because. if the Davis. Noonan. |
ana cummings Cases lsiII 10 Inc SIoulln.
there will be no reason for prosecuting !
them.
The basis of the prosecution has |
been in general that certain ordinances, |
those regarding automatic |
spriuklerS and hueS above the stage, |
were not observed and that therefore |
there existed Il state of criminal neg |
lect. The defence maintains in gem !
eral that these ordinances We're I'M |
certain. conflicting. and obsolescent. |
disregarded. and imposing no /
such responsibility as to Justify the /
punishment which the State contem-
plates.
The relative legal strength of these
contentious is a matter for Judge Ker- |
stem. The legal practice of protracting |
a trial OF this kind through a whole |
year with the prospect of further in |
terminable delay in case the indict- !
mentS are not quashed is a matter for |
every citizen.
Is it the judiciary that is at fault? Is |
it the practice act? The community |
ought to know.-ChicagO Tribune
CUT GLASS RISING.