|
After hearing defense attorney
Levy Mayer's thirteen-hour explanation of
why Chicago's building ordinances were invalid March 10, 1907 Kimbrough had no choice but to instruct the jury to acquit Davis. Kimbrough made clear in his verdict that he found Davis morally guilty but legally innocent. Kimbrough found two flaws with the validity of Chicago's ordinance. It was too vague, failing to specify who at any given theater was responsible for making the venue comply with the provisions in the ordinance, and more importantly that the state of Illinois had not given Chicago's common council the authority to establish or regulate fire districts.
Among the many witnesses lined up by the prosecution to testify, who went home without
taking the stand, were reportedly forty members of the Chicago police department, including
former chief O'Neill and assistant chief Schuettler. Prosecutor Barbour denied accusations
from the defense that
calling the large flock of officers had been posturing.
Kim, as he was nicknamed, a democrat, had served in the Illinois state legislature
and as Danville's mayor for a term. He was elected
judge from June of 1903 and served until 1915. His election victory was an upset in a predominantly republican district.
The Chicago Tribune newspaper published his ruling in the March 10, 1907 issue.
|
|
In the years after the fire
Kimbrough's first wife, Julia C. Tincher Kimbrough
(b.1855), died in 1904. She had been very active in
Danville clubs and organizations. They had one
child, Robert E. Kimbrough (1877–1886), and adopted
a daughter from the orphans' asylum, Helen
Kimbrough.
In Jun 1909, two years after
the Davis acquittal, Kimbrough married widow Emma Steyer Fountain from Colorado Springs. Emma had two
grown daughters from her late husband and was
described as socially prominent.
The adopted daughter, Helen, ran off and attempted
to elope with a fellow from Decatur, Indiana, named
Leland Parker. The judge thwarted the elopement and,
as punishment, sent the girl back to the orphanage.
He later relented, and she returned to his home, but
the situation impacted his marriage negatively, and
the new Mrs. Kimbrough moved to Los Angeles in 1911.
In so doing, she avoided another run-away
performance by the daughter in Jan 1912.
|
