Evening star., 1922-07-10
ARGUMENT ENDED
IN THEAIER TRIAL
Knickerbocker Mems Attor-
ney will Reply to
Prosecutors.

Il hope I shall never live to see the
day when any court will declare as a
matter of law that, on the facts of
this case, there was no criminal re-
sponsibility." With this statement
Assistant United States Attorney
OLeary today concluded before JUS
tice Siddons in Criminal Division 2
his argument in defense of the in
dictment which charges five men with
manslaughter. in connection with the
death Of ninety-seven patrons of the
knickerbocker Theater, caused by the
fall of the roof Of the building jan
uary IS last.
Mr.. O'Leary and United States At
torncy Gordon completed the govern
ments side of the argument today.
Each of the counsel for the five ac-
cused men will be given an oppor-
tunity to reply to the arguments of
the prosecutors.
Referring to the claim of the de-
PENDANTS that if the indictment is sus-
tanned 1T will have the effect of stop
ping building operations in this Dis
trict, Mr.. O'Leary said:
Il cannot believe that builders gen.
orally in this District are guilty of
the gross negligence admitted by this
demurrer. but If what defendants
counsel say Is true, then it is high
time that stop be put to building
operations which ignore the. very
purpose for which governments are
ordained and established, namely,
the security of the lives of the pub
lic.'
Time to Break Precedent.
Commenting upon the statement OF
counsel for the accused that no such
indictment had ever before been pre-
sented Mr.. O'Leary said:
IF this be true, now Is the time,
here is the place and this is the court
to proclaim to the world that the
law which is far-reaching enough to
convict a poor devil who steals that
his babes may eat, to convict a poor
drug addict who violates the law to
appease his craving, to send to the
workhouse a thirsty man who carries
gill of whisky in his pocket, is far
nal responsibility men in higher
places who put up f1imsy structures
with an Indifferent regard to the con-
sequences"
Referring to the statement that
Maj. Gordon is the first district at
torney to have the temerity to secure
such an Indictment. Mr.. O'Leary de-
clared:
"In the first place, the indictment
was returned. not by Maj. Gordon. but
by a grand jury, after an impartial
and painstaking Investigation, but SO
far as Maj. Gordon's temerity Is con-
cerned, it does not require much
temerity on the paFt,of conscien-
tious district attorney. to use the
criminal machinery Of the law to
protect the lives Of the citizens Of the
National Capitar"
- Ford Disnster Different. .
Gordon. In his argument. DISTINGUISHED
the Ainsworth case. growing out of the
Ford Theater disaster and upon which
the defendants place much reliance for
their opposition to the indictment. He
pointed out that the indictment in
that case differs in many substantial
particulars from the indictment in the
Knickerbocker case. In reply to the
ef parties and ofrenses, Maj. Gordon
pointed out that the defendants had
Joined in a gigantic enterprise. which
of necessity required the cooperation
of many persons, and called attention
to the provision of the code that all
aiders and abbetters in the commission
of a crime should be charged as princi-
pals and that the Indictment so charges.
Concerning the point Of the de-
fense that at the time of the dis
aster the building was under the con-
troll of persons other than the defend
ants. Maj. Gordon declared:
THAT may be true. but there Is
nothing to show that such persons
did anything that would affect the
of the building. The Indictment
charges but one cause Of the dis
aster-a dangerous condition caused
by the defendants, known to the de-
PENDANTS, of which the defendants
failed to warn the public"