The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-08-05
School House Case Will 30 Given
to the Jury This Morn
ing.
The Final Argument for tho Con-
tractors Made by Mr.
Wallace.
Attach m Suits Flied Against the stsd.
man Foundry and Machine Company
b. Several Creditors.

k1ous William NhiIhCss Osss Cousiuuvo
his argument yesterday In the school
house case upon the converting Of ooutt and
proceeded TO discuss the various items for
which charges wsro made. Tho number OF
this items, moTs notably those in relation
TO fshplatss, blsckbosrdinR and tsrraoing.
which by the pleadinas no liability val ad-
mitted by the board. he contsndsd we're
legitimate items Of extra. He said. In fscs.
that upon the I ial Of the oass they we're
conceded 10 BE- such BY the board. In the
matter Of the stonswork in the exterior
walls he said the testimony of Mr. With.
with the positive declarations OF Mr..
Whnlen to him, constituted convincing
proof that the masonry WAS different from
that which the specifications contemplated.
Admitting, for tho purpose OF Argument.
the eorrectnsss Of Werth's st.tsmsnt IN re-
lation TO the payment of the money duo
him by Grant q Whalen, the checks
bore euoh a relation to the estimates Al
lowed upon which such payments were
made tended to conclusively show shas
there was a surrender Of tho Worth con.
tract before its completion, and that after
its surrender the labor vas paid for % con-
tended BY NJ. Whslen. MI. Wallace said,
assuming then thnt tho stone work was not
extra, and indeed tho picture prepared BY
MI, Paulsen md presented to the board
showed that In the building the mssonrJ
was 10 DO OF q different character than that
which now existed, II was simply . question
for the jury to determine what exsra com
pensatlen the contractors we're to receive
on account Of doing this work. He would
not insist that the jury shoul4 ALLOW
ths full amount Of $3.50. but
considering tho evidence OF the different
witnesses, both OF the contractors and the
school board, ~ to the cost Of LAYING The
stone work a. II existed In the building he
thought the Jury would be justified In a.
loving ON that item lion tho sum OF $lO.-
600. He said that in the other items whore
charges were made he was disposed to hold
that no allowances should DO made. and In
other items determining whether or not
any money was due tho contractors At the
time The board took possession OF he
building he would base his estimates upon
evidence given for the school board In or
der to reach that result. After all the
items had been considered. he said.
and allowances made ON the theory. shae
the evidence for tho school board
parent that when che board took possession
Of the building there was due TO the con-
tractors In round numbers someshirR Ike
1880. And accepting the evidence OF the
contractors for the purI oss OF Determining
the amount due. this sum wouid 30 IN
the case, he said, the action Of the board
was unwarranted in Wrestling the building
from tho contractors In March. 1892.
Mr.. Wallace snid that had the board
manifested q disposition to DO fair and
equitable IL would. instead OF taking the
contractors and the injustice done
them would have bsen obviated.
Mr.. Wallace then proceedsd to
consider tho evidence to determine how
much money had been expended by the
CONT otors in building up to March. 1897.
- contrastsd with the amount received BY
them from the board. Tho checks In owl
clusion reached that at the time when the
board ousted the contractors they had cx-
pended on the building for lsbo. and ma
terial an amount sppro1'mating $40. 600.
and that at that time they actually had
received from tho trustees on estimates al
concluded by adverting to the fact that thu
high school building was tho finest of II!
kind in the Unitsd States; tina
in the matter of interior finist
il was far superior to thu
court house which cost about $500. 600. HI
hored that tho jury would do ~justice to thu
contractors. something. which no said wa
that amends would be made for tho Rrsa'
wrongs perpetrated upon Grant i Whaler
by the rendition Of q verdict which woult
enable them to escape. the. affects OF insol
venoy and again pursue thoir calling Al
contractors.
Ths court directed the jar, to repors TO
duty at 1870 this mo nirp when %instruc'
lions will he given to tine jury and the cas-
finally submitted to them 70: determine
ton.