The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-08-04
THE LAST ARGUMENTS,
Col. Nolan and Hon. William Wal
lace Address the Twelve
Jurymen.
County Attorney Says There IL
Evidence That a Big Steal
Was Started:
n Contractor RIds al tn Case Pre-
ssntsd ny Mr.. Wallace Who VIII
Close To-Day.

0Ut0 w Nbs . was
Close To-Day.
There wsre a number Of interested spec
tntors In Judge Hunts court room ysster-
day during the arguments In the school
house case. County Attorney Nolan was
tho drst speaker and devoted the COM
menoement Of his argument to the items OF
expense incurred BY tho board In com-
thereof. He said: ''Thers 10 NO uncsr.
tainty or doubt ~ to the expenditure OF the
money claimed by the board. fol, upon the
trial bills and time sheets wsse submit To-
for every dollar alleged to have been ex-
pended. There 10 . dihetencs Of $4,000 OF
60. 900 in the amount essim ated by tho con-
tractors TO complete tho building now and
the sun Of money actually paid by the
board for that urpose. for in Tho hand
writing OF Mr.. Whalen there 10 como usive
evidence which tends 70 eoutradist
his statement now. and TO
make 40 reasonable according to bis judR-
mont the amount which tho board actually
expended with tho single exception Of the
item Of labor In doing that work.. Nj.
Whslen 40 a witness and litiRant swaars
that tho cost of finishing the building would
not aggregate more than SO, 500. and yet at
February. 1892, that same Whalsu ~.
peared before the board and in conformity
with = request extended TO him furnished .
statement to the board Of the amount
which would have to be expended TO 2nish
the building from the condition In which II
then was. At that time without Tho inter
ests which sway d mans judgment 40 q
witness when the sum Of $500 ID Involved
Mr.. Whalsn estimated that the cost would
DO ga, 500. but to-day whom things are
changed it il his Judgment that
the same work to be done ~ IL then was
and the same material to be fu nished
would not ON q liberal estimate exceed ga
$780," Col. Nolan then proceeded TO, the
consideration Of the item. OF cement for
which = claim il presented of over S. 900.
He said the evidence unquestionably shows
that q steal of gigantic. proportions was not
for already the board of school : ustees
have paid over 81. 100 to Grant " Whslen
ON account Of cement, when ~ q mntter of
fact according to the evidence Grant o.
Whalen owe the board over $500. Col.
Nolan snid that in the extra foundation
work Of putting up the building II became
necessary to put cement In the NOR
Tho desirability Of using eemsnt an
agreement was had between the school
trustees and Giant q Whalen that a / ariel
Of Portland cement IN the extra founda-
tion should be consumed in building Ave
perches of rock. Az the thing now stands.
he said. the extra foundation was eliminated
from the item by the controversy in this
lawsuit early in the spring of 1891; q settle
mont was had between the contractors and
tho school trustees for tho extra founda.
tion work performed by them, and on ac-
count OF this item the chool district paid
the contractors g. $50. To make up this
amount the estimate was fixed by the board
of trustees SO that in this extra foundation
there were 1,169 perches and under arrange
ment had in connection with the use OF
cement. the cost per perch of masonry in
$1.4o. In other words. he said.
fY,1ee pe,oLes e.timst.d 70 be in th. extra
foundation represented the cost of the CO.
mont which under the arrangement was
used. He said the contractors received
from the school district in the settlement
had for the extra foundation pay, Tor ths
PA barrels of cement. After this settle
ment was had, II was decided to continue
the use OF the cement in the superstructure
of the building md In consequence of the
understanding had In that regard oement
was used by tho contractors. and for that
cement they now present a claim to the
board for over 90. 900. He said In tho ssti.
mates made from time as the building was
carried up allowances were made by the
board for this cement. 80 that al
it stands to-day Grnnt q Whalsu
have received over ( 81. 100 exclusive OF
tho amount received for tho cement In the
He said testimony conclusively shows that
I'LL of the cement used in tho building wat
obtained from i. P. Fuller. This bill itself,
he said. from All exhibition OF the items
aud the continuity with which the cement
was delivered shows this to DO the case, and
1t is made obvious by the presentation OF
this bill that In the entire building. cxtru
foundation and supe st ucture, there have
been used only about 1877 barrels of cement,
making tile cost about a. S7. In oths,
wo d.. he snii. in the extra foundation
alone tho contractors have received pay
from the board for 234 barrels Of cement
over So, 100 for the ccment used in the
superStructure. when az q mntter of fact ir
the extra foundation and supetstructura
there have been used only 1877 barrels. .
Other items were Likewise considered,
Col. Nolan contcnuing that the chRreel
were so unreasOnably nigh thnt any ord n
Aty individual Of business sngacity coulC
at once soe that tho amounts were unjust
and should not be allowed. In tho matter
Of the claim for alleged changes In the
character Of the stone work from that pto
vided by tho specifications Col. Nolan sale
it was to DO borne in mind that no demand
was mnde by the contractors for any som
pensation on account OF such a change. i
change there was. until long after the ston'
work of the building had been laid
and they did not intimate that any extrs
charge would he made for the stone worl
until July. 1891. when the board was givey
to understand for the fret time that thii
charge Of SIT. 510 would DO mnde. In clos
ing Col. Nolan snid that while the claim
for extras should be fai ly considered III,
Jury should remember that they were in
position where their hands were in tn,
treasury of the school district and we're no
at liberty to deal out the public funds 70
Qardless Of the merits of the claims pre-
scented.
Hon. William Wallace. Jr. commenced
his argument for Gfans a. Whnlsn at Nv,
y. m. and proceeded at onco to the consid
Grafton of the items of expense hourrsd b,
tho board in completing the building. Ii
stated that the items for which the bonr,
paid out $14, 900 could DO REQUIRED b,
g ant l. Wbalen for less than go, COO; tina
during tho summer and fall OF 1891 whel
tho contractors expected and intsnde,
to complete the building they CORES
pended with different concerns and At Oh
time when tho building WINS taken from
them by tho board they had ySaotiosll
.mnds contracts with \ number Of. Arms 10
tho furnishing of materials which with III