The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-17
WITHOUT ANY DELAY
A Jury Selected in q Surprisingly
Short Time.
FOR THE EXPLOSION CASES
Nine Of the Men Are Experienced
Miners The Judge Addresses
Them. Bearing Upon the I'M
portance of the Trial

The trial of the explosion cases,
growing out of the big dynamite ex-
plosion on the fifteenth of last January,
by which 6s men were killed ana over
half a hundred others injured, was
commenced in Judge McHattans cour.
yesterday morning. The cases AT issue
and set for trial are the following. In
the order named: William r. orr,
William Singleton, Andrew j. swift,
John III. Steinborn. Louis Doerr. Thom-
as Mcdonald. Joseph Milano, all
against the Kenyon-Connell CONNER
cial company. and case OF Wilham
r.. Orr against the Butte Hardware
company.
The frst case called for trial was
that of Christiana Michaud, Annie
Carlsbad Herman Bowe and Henry
Bowe by his guardian ad Item, chris
tiana Michaud. against the Kenyon
Connell company. Mr.. Shelton, attor
ney for the plaintiffs in the case, asked
that the next case on the calendar, In
which Sophia Goddard and others
were plaintiffs, be tried first and That
the Michaud case be continued owing
to the absence of material witnesses.
He presented an affidavit in support OF
his motion in which he set forth that
the plaintiff could not safely proceed
TO trial on account OF the absence OF
Joseph Hill and one Richardson. who
are material witnesses. They were in
Butte at the time of the explosion and
continued to reside here until Novem-
Der and then left before the case was
set for trial and before subpoenaes
could be issued for them, and the
present whereabouts Of Richardson are
unknown. but IL has been learned with
in the past week that Hill is in San
Francisco Shelton said the witnesses
would remain in Butte and would
be in attendance on the trial lmme-
diately after he heard that they had
left he wrote to various parties In
different parts of the country to ascer-
tain the whereabouts of the two wit
nesses but has been unable to locate
Richardson and but recently learned
that Hill was in San Fra ncisco. Hill.
IL present says the affidavit of Mr..
Shelton. would testify that on the eve
ming of the explosion, Jan. Is, in COM
pany with William A. Bowe was skat-
ing on a pond in the vicinity of South
Butte. About $3.50 o'clock they return
ed to the Montan Central depot being
on their way to the warehouse of the
Royal Milling company where Bowe
roomed. 1t being the intention of Hill
TO spend the night with Bowe. The
warehouse was situated within 100 feet
of the warehouse of the defendant.
the Kenyon Connell company in which
the explosion occurred. When Bowe
and Hill were near the Montana Cen
trail depot they discovered a fire in the
northwest corner of the Kenyon-Con-
nell building and shortly afterwards
the fire department arrived and Hill
and Bowe stood somewhere on Oregon
avenue and watched the fire. While
in that position the first large explo-
sion occurred in the Kenyon-C onnell
building and Hill was rendered I'M
conscious. from the effects of the ex-
g.. .tNI II L vnatwa
utes and when he recovered conscious
ness Bowie was not in sight.
Richardson. IL present, continued the
affidavit. would testify that he went
TO the fire after the first large explo-
sion. He was acquainted with Bowe
and upon arriving on the scene found
him attempting to get away. He had
cash on his head. and Richardson
assisted him to get away and then re-
turned to assist others who were
wounded. Mr.. Shelton said these Facts
so far as he knew could not be proven
by other witnesses.
John Forbis and ]. l.. Wines. repre-
senting the defendants, opposed tn,
motion for a change of the two cases
and said they had prepared to try
them in the order in which they wer,
set. and the court declined to grant q
continuance. Mr.. Shelton then sale
the ruling of the court necessitated {
dismissal of the case. which was don,
without prejudice against bringing an
other action.
The case in which Sophia Goddard
Evaline c. Dee. c. G. Goddard ane
Clara NJ. Lockhart are plaintiffs. wal
then called for trial. and on motion
OF Mr.. Shelton the names of Colone
C. b. Nolan. II. Y. Walsh and j. w
Kinsley. all of Helena, were entered
as associate counsel for the plaintiffs
Forbis & Forbis and ]. l.. Wines ap
peared for the defense. The plaintiff
Sophia Goddard. is the widow of Al
bert Z. Goddard. and the other plain
tiffs are also relatives of the deceased
The alterations of this particular cas-
are that Albert +. Goddard lived i'm tn
vicinity of the fire and hearing tn
alarm. and desiring to volunteer hi
services to aid the fire department il
extinguishing any fire in the neighbor
hood. and being willing to submit I
being placed under the direction of tn
fire marshal or other officer who Nigh
chance TO be in command at the fire
proceeded to the burning building 70
that purpose and did in fact lend hi
assistance to the fire department an
was placed under the direction of tn
fire marshal and while assisting tn
marshal. and when near the ware
house. a portion of the explosive con
tanned in the warehouse exploded an
the was NitNhCus anu Sal
Albert +. Goddard was instantly kille
from the effects of the explosion.
Damages in the sum of $4,000
asked. The defense TO the suit is tina
not more than a lawful amount {
powder was stored and that Goddar
was a tresDasser on the premises an
had no right TO be there.
The first - men called into the jur
box were the following: J. ]. Hart,
miner EMPLOYED at the Parrot; Samu
Binder, a smelterman out of emplo,
ment: John Hanley. miner employe
by the Anaconda company; williai
Richardson. miner for the Boston
Montana: George w. Farlin. a.minin
man in business for himself; W. j
Abbott smelterman at the Butte
Boston: Charles Hammer. miner {,
Leggat in Centerville; Patrick Dillo
a Ieaser. Alfred Ralrnforfh butcher