Evening star., 1922-05-19
IMMUNITY ASKED
FOR DEATH Of 81
IN NTHEATERCR
Defendant in Knickerbocker
Disaster Case Pleads
Statute of Limitations.
NOT LIABLE UNDER LAW,
SAYS IRON WORKS HEAD
Seeks to Have Indictment for Man
slaughter Set Aside-Disclaims
Any Negligence.

John H. Ford. president OF the
Union Iron Works. today pleaded the
statute Of limitations in bar of his
charging him with manslaughter In
connection with the collapse OF the
roof of the Knickerbocker Theater.
January 2s last which resulted in the
death of ninety-seven patrons OF the
theater. No claims that the indict-
ment on its face shows that the Of
fense charged did not accrue within
three years before the finding Of the
indictment. The construction of the
theater was completed in 1918 and the
indictment was returned April 3, 1922.
Through Attorneys Barnard & John
son and George p. Hoover Mr.. Ford
also filed a demurrer to the Indictment
and assigns seventeen defects which
make the true bill" bad in substance
and untenable. according to their
view of the law.
Position of Maj. Gordon.
In reference to the plea of the stat
ute Of limitations, United States AT
torney Gordon declares that the stat
ute would not begin TO run until the
collapse of the building and the csus-
ing of the death of the victims with
out regard to the time of the com
pletion of the structure. The people
were killed January 2s last and the
out. AS to the points of demurrer.
they will be combated by Mai. Cor
don when the matter is set down for
hearing by Chief Justice Mccoy.
Among the matters of law to be
argued on the demurrer OF counsel
for Mr. Ford are the misoinder of par
ties: that the Indictment is vague, in
definite and uncertain; that it at
tempts to impose upon the defendant
certain duties without alleging the
facts by reason of which such duties
are alleged to have arisen; that such
alleged duties are based upon conclu-
sions of law and no facts are alleged
in support The claim is also made
that the indictment fails to charge
Ford with a definite. individual duty
to be held responsible and there are
no facts alleged to show that any
duty was imposed on Mr.. Ford. when
undertaking his part of the construc-
tion work. "in unison and conjointiy
with any of the other defendants"
Further Cestentiens.
The Indictment also fails to show, il
is claimed, that Mr.. Ford's duties
were not wholly Independent of the
duties of the other defendants or
that he had any authority or control
over the co-defendants or any of
them as to the work done or material
furnished by any Of the co-defendants.
and therefore he cannot be held re-
sponsible criminally for any alleged
defect in the work done or material
furnished by his co-defendants 1t is
also claimed that the Indictment does
not apprise the defendant of the par
ticular acts of negligence sought to
be charged against him and fails to
show any act or omission of the de-
fendant which was the direct and
immediate cause of the death of the
theater victims.
There is nothing in the indictment
showing any facts from which il can
be inferred, ii is asserted by counsel
for Mr.. Ford, that there was any duty
on him either by contract or operation
of law to notify and warn any person of
the alleged dangerous and unsafe condi-
ton of the Knickerbocker Theater build
ing or any neglect of duty in permitting
patrons to attend the theater and be in
the building at the time OF its collapse
Mr.. Ford is indicted on a charge OF
manslaughter Jointly with Reginald W.
Geare, architect of the building; Rich
ard G. Fletcher, foreman of the con-
tracing firm in charge of the cement
work; Donald NJ. Wallace, foreman for
the building contractor. and Julian r.
Downman, assistant building inspector.
Geare filed a demurrer when the men
were summoned for arraignment and
the others entered pleas of not guilty.
The latter are expected to join in the
demurrer filed by Mr.. Ford and to with
draw their pleas.