The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-08-07
A Coroner's Jury Hearing Testimony
In the Inquest ON Young
Merritt.
The Builder of the Brick Wall
Which Fell to Be Examined
To-day.
Builders Arc Called A. WitHesses--In
spectOr McNally Says No building
Permit Was Issued.

COTONeT ItOcRnhn LOlu george -. Dleul
yesterday that criminal proceedings were
liable to be brought against him. Diehl is
said to be the owner of the partly
constructed building, the north wall
Of which fell upon the rear OF
David Merritt's residence on Wall
street Wednesday, night, and in which Mer-
ritt's six-year-old boy was killed. Diohl
asked that he be allowed until this after
noon to consult an attorney before he made
any statements to the c%oroner's jury. About
twenty-five witnesses were summoned yes
terday, most of them being builders. car
/ penters and masons. Those who testified
yesterday made examinations of the build
ing in the morning. George w. Reed, a
mason, living at 548 Breckenridge street,
| testified that he had examined tho brick
building Eext to Merritt's house. The
north side of it, in the second story, had q
| gap in it of about twenty feet where the
bricks had fallen out. The first story wall
ia of stone, about eighteen inches thick.
On top of this was an eiRht-inch brick wall.
He said the stone wall WAS out of line and
sagged in places as much as an inch and a
half. He was of the opinion that the con-
struction rendered the building unsafe.
There was also a lack of lime in the mortar;
the bricks were of a fair quality. He did
not think a prudent man would use such
mortar.
Contractor Shaffer, who resides at No. rs
Fourteenth street, said the north side Of
the two-story brick was abont six feet from
Merritt's house, with a frontage of about
twenty feet and thirty five feet deep. He
described the north wall, and thought it
was about nineteen feet high. A brick
wall eight inches thick, if properly con-
structed, would be perfectly safe. This
wall, judging from appearances. was not
properly constructed. There were depres-
sions in the stone wall of from four to five
inches from a true line, and the brick wall
above it was carried out to the extreme line
ofsthe further projections of the stone wall;
its base had been carried from three to
four inches off a straight line. He thought
the mortar was fair. The fault to be found
was in the manner of construction. When
he examined the wall yesterday morning
there were no appearances of any stays
about which might have been used in hold
ing up the walls until the joists we're laid
on the tops Of the walls. He did not know
the contractor. There were no indications
Gua6 UQo DullulLlR uuu Doeu 6bTuCk Dy llkub'
ming. The witness considered the remain
ing walls unsafe.
d. p. Workman, a builder living at 121f
Eighth avenue, aleo testified concerning the
character of the wall which fell down
County Attorney Nolan asked him what he
thought of the Effectiveness of the con.
struction. He answered that he considered
the effectiveness perfect. The house hae
been poorly built. The north wall was out OF
line from two to five inches and also out O.
plumb. The south wall was also out o.
line.
D.J McNally, CITY inspector of buildings
testified that no permit had bee: issued fol
the erection of the building and that under
the ordinances he could not issue one fol
such a building. He said the morter usee
was not of good quality and that the lime
used had not been properly Stacked
There was only from 10 to !!
per cent. OF lime in the mortal
used while good mortar had about 30 pei
cent of lime. He considered the construc-
ton faulty and the building unsafe. Hii
testimony was much the same as Wortman's
He said Ole Bergen was the subcontractol
on the building. W. E. Norris, IN archi
tect and superintendent gave substantial,
the same testimony as the others.
Coroner Rockman ordered the portion Of
the north wall remaining to be torn dow
yesterday. The inquest will be resumed
to-day at two p. M.
Mr.. Merritt and his two s~tep-children
were also examined and related the oircum.
stances of the accident as published.
The jury are Eugene Meyer. T. II. Bowie
Isaac Hamburger, j. e. Wilson, j. II
Smith and George Mahrt.