The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-08-08
CRIMINAL NEGLIGENCE.
George B. Diehl, the Owner Of the
Water Street Building I'm
der Arrest.
No Building Permit Was Issued
and the Workmanship
Was Poor.
Tho Workmcn Say There We're No SpccIh-
cations and They Received I%nstruc-
tions From Diehl.

George B. Diehl, the owner of tho brick
house, one wall Of which fell and crushed
little Grover Cleveland Merritt to death,
was arrested yesterday afternoon on a
charge of criminal negligence in the erec-
tion Of the building. The evidence before
the coroner's jury showed that while sew
cral men were engaged in the erection of
the building, Diehl acted as superintendent,
visiting the place nearly every day. There
was also plenty of testimony to the effect
that the workmanship was poor. This was
denied by some of the witnesses. Diehl
said he found out for the first time Thurs
day morning that no permit had been OBJ
tanned from the inspector for the erection
of the house. He said he had put up other
buildings for which he had obtained per-
mits. The lot OF which the partly con-
structed house stands he bought from DR..
Vincent Haight, who had intended to build
there. Diehl bought the ground and the
plans from him and said he understood
Hnieht was to obtain the permit, and went
ahead with the work on that supposition.
He said the inspector had never spoke to
him about the permit after he told him last
spring that Haight or his architect had
promised to attend to it. Diehl gave the
contract for the erection of the house to
Ole BurRin and William Gartrall. Diehl
said he visited the building but four or 1--WE
times. This was contradicted by Burgin
and Gartrall who testified that he went
there nearly every day. Dichl said he went
there once and called attention to the stone
wall when it was about six feet high, and
that the men Strengthened it. He said he
xunc MT ,rar;nkar dive %In ,vDv1r aul Ahrk
the last time he visited the work, was four
or five days before the accident. County
Attorney Nolan asked him if he considered
the work as being good. Diehl said he
would prefer to say no more just then.
Burgin and Gartrall said there were no
specifications for their guidance, and that
they received instr uctions from Diehl about
the building. Both men testified that the
mortar used in the work WAS good, and
Gartrall thought it was as good as the aver
age material used i'll Helena. Burgin was
examined at considerable length by the
county attorney as to his ability as o stone
mason. 1t appeared that he had had some
experience. but did not understand En-
glish we'll enough to tell what he knew.
6S4 Rodney street, said he thought the wall
was forced over by the storm Wednesday
night. He said no stays were used to sup
port the walls. He did not think 1t neces-
6ary.
The testimony showed that the work had
been stopped on the building last Monday
Gnd that nom of the men went near 1t again
until the wall fell down, when a number
OF builders, masons and bricklayers visited
the place and afterwards testified as to the
character Of the materials and the work
manship. The preponderance Of the testi-
nony was that the construction of the
building was faulty.
The jury were Eugene Never, proprietor
city drug store. State street; Isaac Hambur-
ger, stenographer: r. r. Bowie, city editor
journal; J. L. Wilson, reporter, The INDIE
PENDENT; George Mahrt, proprietor Hotel
Rodney, j. r. Smith, agent fire apparatus.
Diehl was taken before Justice Woodman
at the city hall last night, where he gave a
bond in the sum of $500 for his appearance
before the district court in September. His
bondsmen are Walter Matheson, real estate
agent. and W. w. Winkelman, dealer in
lime.