The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-03-06
WILL DAVIS
On TRIAL
Prosecution Opens in Fam
GUS Iroquois Theater Case
at Danville, I'll.
NEGLIGENCE IS CHARGED
Levy Mayer Valves Address to the
Jury and First Witness
Is Called
Especial to Lake county Timcs).

Danville. ILL.,, March 6.-"Will j. Da-
Wis stands here accused ofsthe unlawful
killing of Viva r. Jackson, an 1S-year-
old school girl"
These words fell on the ears Of the
twelve jurors today in the Davis trial.
in a hushed court room. They were
spoken by Attorney George T. Buck
ingham in his opening address for the
state
With tears rolling down her cheeks,
Mrs. Maud Jackson, mother of Viva.
whose death in the theater was re-
counted by Mr. Buckingham, closely
followed the words of the prosecutor.
She was dressed in dep mourning.
In the middle of Buclingham's ad-
dress Attorney Levy Mayer sprang to
his feet and objected, declaring that
Buckingham was not observing the
rules of law. The lawyer was then re-
lating that drays and wagons were
used to carry the 500 dead away from
the theater after the fire. Judge Kim
brough overruled the objection.
After stating the charge, Mr.. Buck
ingham took up the counts in the in
dictment drawn by the grand jury of
Cook county. These al1ege that Davis
owned and operated the Iroquois thea
ter and that the death of Miss Jack
son in the theater fire of Dec. 80, 1903,
was caused by negligence on his part.
The owner and operator Of that
theater, Will J. Davis, failed to provide
certain appliances, apparatus for the
safety of patrons of that theater and
on the stage, the grand jurors allege,
was a great quantity of infiammable
material, paints, oils and other things
that would burn and did burn with
great rapioity," continued Mr.. Buck
ingham.
December 80, 1903, a great fire broke
out, flames swept the structure. and
Viva r. jackson was killed. He is ac-
cused here of unlawfuny killing her,
because he did not obey the laws and
provide for her safety when the flames
broke out.
I'm the roaring mass Of fire. her life
was taken. The Cook county jurors
charge that he failed to have a vent
place in the roof of the theater build
ing so that the smoke and flames could
get out.
obey the law when he did not place
hand pumps, fire extinguishers, fire
axes and other such apparatus in that
| theater building. Under the law he
should have had such fire appliances
there.
Davis Held Responsible.
we will show that he was the re-
sponsible person of that theater. True
/
spent was Davis. He was the head
and operator. The principal stock
holders were Mr.. Davis and Harry J.
Powers. We will show how the cor
poration was incorporated in the state
| of New Jersey, then how the theate1
was planned by Benjamin Marshall. ar
architect; how it was constructed by
the Fuller Construction company; how
the work was rushed. But there was
a woeful lack of appliances when the
theater opened. 1t was not complete
when the Klaw & Erlanger company
brought Mr.. Bluebeard jr.,' to thai
| playhouse. The building lacked the
many pieces of apparatus which should
have been there to provide for the safe
| ty of those who entered"
Then Mr.. Buckingham gave descrip-
/
tiful entrance, the promenade, the foy
err, the marble stairways and the en-.
trance to the main floor He describ
ed the boxes, the various exits, tn,
upper balcony and the Iron ratings il
front of seats in that part of the play
house.
After a description of the ventilat
ing system, Attorney Buckingham pass
a. cNa l4&a.
existed back Of the proscenium arch.
Mr.. Bluebeard, jr.. was a spectacu
lar production" he declared "Th
company used great quantities Of paint
ed scenes. All told, It Will be shown
that several acres were used. and tina
tons Of wood were used as braces.
All this mass" he said, was high
ly inaammable Now, from Nov. % t
Dec. 80, Mr.. Davis was IN charge o
that theater and saw those conditions
The law provides that on and undo
that stage there should have been port
able fire extin guishers, fire axes, tw
twenty five foot hooks, two fifteen foo
hooks and two ten-foot hooks Their
should also have been an automati
sprinkler system. None of the require
ments of the ordinances was carrie
when Dec. 80 came and those LOO
persons passed into the Iroquois the
alter. their lives we're in peril. If eve
there was case of negligence on thi
earth, this was one"
States Witnesses Called.
When Mr.. buckingham concluded At
torney Mayer waived his opening ad
dress and Judge Kimbrough called o
the state to put it's first witness on tn
stand.
A conference was held this mornin
in Davis suite in the Plaza hotel. Wit
Davis and Harry J. Powers were III
lawyers who have been brought her
to act in the case The conferenc
lasted an hour and then the party wen
to the big red brick court house JUS
across the street from the hotel
The arrival of Attorney William .