Evening star., 1922-07-25
Rate by Mail-Payable in Advance.
Maryland and Virginia.
All Other States.
The Knickerbocker Decision.

The roof of the knickerbocker Thea
ter in this city collapsed on the night
Of January % last. Ninety-seven per-
sons lost their lives Immediately or
later in consequence of injuries in
flicted. A coroner's jury, after an
exhaustive inquiry, attributed to nine
individuals the responsibility for the
inadequate designing and construction
of the building. to which the failure
of the structure was assigned. The
grand jury reduced the number Of
those responsible to five and held them
for trial on a charge Of manslaughter.
These defendants entered demurrers
to the Indictment. alleging lnsuffl-
cheney of definition. The case was
argued at great length and yesterday
the court sustained these demurrers,
deciding that the Indictment was
faulty in the respect alleged. inasmuch
as it did not specify the particulars of
negligence. The government. conduct
ing the prosecution, will, it is stated,
appeal from this decision to the Court
OF Appeals. electing this course rather
than a move for a new indictment
drawn with specifications to meet the
objections raised by the defendants
and sustained by the court
A certain sense of disappointment
prevails on the part OF the public
is generally felt to be a technicality.
Yet it is recognized that those ac-
cused are entirely within their rights
in demanding mere specific accusation
in order that they may plead and
defend themselves. Their liberty is
involved, their regulations are at
stake. They are presumed in law to
be innocent until proved guilty. They
are justified unquestionably in seeking
the fullest degree Of protection from
vague accusation, and the court now
grants them that protection.
Yet the disappointment persists. For
the community feels that, unless the
collapse of January % was IAN act
held accountable-which the coroner's s
jury and the grand jury have denied
through their findings-the loss Of life
was due to the negligence of certain
ones who participated in the design
ing and construction Of the building.
Prosecution and punishment will
not, OF course, restore the lives Of
those who died or the health Of those
who surviving, are today broken and
weakened. 1t is in no spirit Of re-
that any who may have been in any
degree contributory to the collapse
through any fault Of commission or
omission should be tried and, if con-
victed, punished. Rather is it in the
belief that such punishment is neces-
sary to insure security in the future.
II it is impossible to define in an
Indictment the specific act or degree
of negligence to which the collapse
may be attributed, in each individual
case. further procedure is obviously
useless. un.ess the higher court over
rules the decision just rendered and
orders trial on the original indict
ment. If. on the other hand, it is
possible thus to specify and satisfy
the laws requirements in respect to
definite accusation, it would seem to
be better to proceed at once with new
indictments. if the present grand jury
will find with it's predecessor on the
point of individual responsibility, than
to appeal and thus greatly prolong
the proceedings. Is it not more fair
to the accused thus TO move for a
specified indictment than to seek trial
upon that which has just been re-
jected? These men are entitled to
clearance on the merits of the case
If they are innocent of any degree of
criminal negligence in the designing
or the construction Of the Knicker-
booker Theater The community is
entitled, also. to the earliest possible
determination of this question of guilt
or innocence.