The Anaconda standard., 1895-12-22
THE FIRST SUIT ENDED
Five Thousand Dollars the Verdict in
the Powder Explosion Case.
WHAT THE JURY POLL SHOWS
Big Attachments That We're Put In
Force Last Night on the
Concern That Lost the
Fight In Court.

The first damage suit against the
Kenyon-Connell Commercial company
growing out of the great dynamite ex-
plosion of last January has been de-
cided against the company and ver-
dict given the plaintiff, Mrs. Sophia
Goddard. for 5000 for the death of her
husband. Albert E. Goddard. The trial.
which was on all the week in Judge
McHatton's court. started out with
general denial of responsibility or
guilt of anything charged against the
defendant company. They denied that
they carried in excess of $50 pounds OF
powder. that the deadly explosion oc-
CURED In their warehouse, that God
dard was killed by. an explosion COM
ing from the Kenyon-Connell ware
house; alleging that Goddard had no
business on the ground and that he
was a trespasser there and assumed
all risks and that. therefor, the COM
pany could not be held liable for dam
ages.
AS the trial proceeded the defense
receded somewhat and, as the strength
of the plaintiffs case was brought out,
the defense rested on the claim that
the first and deadly explosion did not
occur In the defendants building but
that IL came from the Butte Hardware
building. This effort to shift the re-
sponsibility was unsuccessful, how
ever; the Jury unanimously agreed
that the evidence proved that the Ken
yon-Connell company was responsible
for the first explosion and liable for
damages. The only point on which the
jury disagreed was as TO the amount
of damages. and they discussed ana
argued that question nearly the entire
time they were out, from 4:30 TO .
o'clock.
Finally nine of the jurors agreed on
a verdict of $1,000 and so returned IL
into court After the verdict had been
read Attorney ]. l.. Wines. or counsel
for the defense. asked to have the jury
polled. Those who favored the $4,000
verdict were w. H. Abbott, Charles
Hammer, Alfred Balmforth, Il. j.
Bretherton. w. NJ. Birthright, S. john
son, f. II. Symons, Andrew Monroe
and Robert Skillicorn. The three who
opposed the verdict because the
amount was not considered large
enough were Patrick Dillon, George
w. Farlin and Charles Skogland, and
they were therefore recorded as being
opposed to the verdict generally.
Judge Mediation ordered Judgment
entered for the plaintiff In accordance
with the verdict and for costs, and as
the 1uTOTS are AAOAAa SANeHfe =
on any OF the other explosion cases
they were excused from further at
tendance on court. The next case VIII
be taken up on the second OF January.
The Kenyon Connell company, or al
least some members of IL, evidently ex-
pected a verdict for Mrs. Goddard, fol
soon after the jury retired papers were
being made in three different attach
ment suits against the company fol
claims aggregating s69.73511, and the
sheriff took possession of the entire
property of the company at o'clock
last night, just an hour before the jury
came in with it's verdict. The first at
tachment levied was for w. A. Clark 4
Brother, on a claim of 5S,257.37 alleged
10 be due Clark's bank from the Ken
yon- Connell company for money
loaned, paid out and expended at th'
special instance and request of the de-
fendant and which was claimed to b'
due on Dec. 81. 1t is alleged that there
was an agreement between the banl
and the company that the amount
should draw interest at the rate OF II
per cent. per annum. II is presumed
that the sum sued for is an overdraft
but IL is not stated what period of tins
is covered by the account. w. A. Clarl
Is one of the stockholders of the Ken
yon-C -Connell company and is PERSONAL,
made defendant in some of the dam
age suits.
The second attachment was for th'
California Powder works, for s6.923.7
and 10 per cent. interest from Dec IA
The amount is alleged to be due on &C
count. The third attachment was lev
led by the National Tube works of Chi
cago and is for s4,553.99, alleged t
have been due on account of goods sol'
prior TO Dec g. The three suits wer
filed at the same time. but in the or
der named, and the attachments wer
o'clock. Corbett & Welcome are at
torneys for the plaintiffs.
The attachments caused something
like CONSERVATION among the attorney
for the plaintiffs in the damage suits
and fraud was suspected at. but tn
annual financial statement filed by tn
Kenyon -Connell company on Sept l
shows an Indebtedness at that time O
53.9S1.27, independent of the damag
suits and the expenses incurre
through them. The statement, whicl
was signed by NJ. j. Connell, enumera
ted all the damage suits at that tim
pending against the company and ag
rregating $400, 900. The company's cap
ital stock is $250.000, of which 3l54 81
v-as paid in, s75.9S593 for cash an
tock to the amount of $7S,3S9.07 issue
IN payment of merchandise. II is con
fldently claimed by the attorneys 4
some of the damage suits that the fail
ure OF the company will net affect an
judgment they will obtain, as the
could hold the individual member
liable.
nv TAE UyITNEG GGEG