Evening star., 1922-04-03

the death of Mary E. Atkinson. over
whose body the inquest was held. and
ninety-seven others. Those indicted
are:
Reginald ". Geare, architect of the
theater.
John Howard Ford of the Union
Iron Works, engineer who revised
the original plans for the steel roof
structure.
Donald Wallace, general foreman
for Frank L. Wagner. who had the
contract for the erection of the
theater.
Richard G. Fletcher. manager for
the Hammett Fireproofing Company.
which had the subcontract for the
cement and mason work on the
structure.
Julian r. bowman, assistant build
the construction of the theater, and
who actually inspected it.
Four Are Exonerated.
Those relieved of responsibility by
the grand jury are:
Morris Hacker, former building in
spector.
Frank L. Wagner. general con-
John L. Mcdonald, subcontractor
for the erection of the steel framing
for the roof.
Thomas L. Costigan. engineer and
computer for the building inspectors
permit to build the theater was made.
Lack OF Cooperation.
The theory of the prosecution, as
outlined in the indictments, is that
the five men held were engaged in a
gigantic task which required that
each know what the other was doing
what it was his business and duty to
do, and were so related in these duties
that they knew or .ught to have
known whether each performed prop
erly his portion of the work. and if it
was neglected or negligentIy per-
formed.
With the knowledge that portions
of the construction. especially OF the
roof, were not carried out according
to plans and specifications, and that
materials not sufficiently strong to
been used, it becomes and was the
duty of each of the men accused and
it was their joint duty to have re-
ported to the owner or owners of the
building. it is claimed, and to the
public. that the building was unsafe.
Duty Not Ended Mt Completion.
This duty did not end with the
completion of the building in 1917,
but continued from day to day, the
accused persons liable for the death
Of the large number of patrons Of
the theater at the time of the col
lapse of the roof. This allegation
of the indictment is framed, it is
understood, to meet a claim that the
than three years ago. prosecution
is barred by the statute of limita-
tions.
United States Attorney Gordon con-
tends that the duty to notify of the
unsafe character of the building still
because of the failure Of the accused
to make known the conditions of the
buildings, they are liable criminally
for the resulting tragedy.
More Funds Recommended.
In submitting the Knickerbocker in
dictment the grand jurors recon-
mended that Congress make larger
appropriations Tor the building in
inspectors office and that the building
code Of the District be revised. The
recommendation signed by Martin
McQuad, foreman, read:
1--WE, the members of the grand jury
of the January, 1922. term, having
heard all of the testimony presented
to us in the case of the Knickerbocker
disaster. make the following recon-
mendations:
"G) That Congress should be
asked to furnish larger appropria-
tions to the building inspectors Of
fice,I to the end that they may pay
adequate salaries to employ suffi-
cient number of computers and in
spectors to do the work required.
"(2) That the building code of the
District of Columbia be revised by
correcting paragraphs which are am
biguous and conflicting, and that spe-
cific changes be made regarding the
construction of the type of larger
buildings, particularly those in which
public gatherings will be held.
1--WE trust you will communicate
these suggestions to the Commission
e.s oi ihe District of Columbia an.l