The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-05
MRS. PUGH'S CLAIM.
Second Trial Of Franklin Mine
Damage Suit.
QUESTION WHOSE FAULT IT WAS
HAYES, Paper Railroad Contract Illegal
douglas N'Cornbfe Convicted
The Western NiIl's Debts.
QUESTION WHOSE FAULT IT WAS

-hs great mine disaster AZ Franklin
.agr,st a, 1884,. was recalled yesterday
afrsrroon ~ the beginning in Judge o.
srvrtx court % the second trial % the
s.,st Of Elizabeth Pugh and her children
.vasnst the Oregon Improvement com
~srv for go 30 damages John T. Pugh
.se husband Of Mrs. Purh. was one OF the
.sg~fv-seven men killed in the disaster,
ar1 on the turn Of this case depend suits
<o~ an amount aRgregating between 800
49, and yg11 600 Each side has between
event and thirty witnesses. and there ia
ever. reason 10 believe that the case Will
,ast about six DAYS and be fought point
- rognt with a persis.ency seldom equal
"a I'm such eases. The remarkable thing
.s~.erdav afternoon was the quickness
stir which a Jury was obtained Zach
80 expected few hours would eiapse
~ hest bat II took only one hour and
thlrtv minutes. Following is the list OF
the Jury.
= r. Mitchell. David Hughes, p. ].
E,ourkog 8. ]. Tetchnor. ~. Chrfstianson,
Vlrau. Van Rrocklin. Lawrence fetch
or r. r. Towsley. Philip Grandund. James
Head. II O. Hilton and II. r. Jacobs
Everything being ready for the first
turwf OF eloauencs from the plaintiff A
p ptirlelgh. general counsel for tho Oregon
Improvement company. asked "a continu-
ance until this morning, after the preiim-
mary statements. as he was feeling I'M
we'll John r Humphries, for the plain
slrs said that he was only too willing to
have the court grant the request. as he had
been suffering all day with iumbago and
ought not 10 be In court. Judge Osborn
granted the request.
According 10 the claims OF Mrs ptch
as they appear In court, the mines were
over go feet deer, and consisted Of six
ievslr aud the air-way from the ton of the
A. wfsx - lre~ II.
deep. At the base OF the air-way there
was door in what is known as the rock
cut or tunnel" and ir order to operate
the sixth level and mine with safety II
was necessary to keep this door shut At
the top of the atr-wav on the side OF
hill thsre was a fan 10 assist I'm the ventila-
ton OF the mine and in drawing out i'm
pure air and gas. In order 70 keep cir
cniation Of pure air In the mine Il was
necessary TO keep the fan IN constant op-
Grafton.
Mrs. PuTh alleges that owing 10 the
great denth OF the mine and levels black
damn. FIRE damp. natural gas. powder
smoke and other dangerous and explosive
gases collected. and that the defendants
oarelessly suffered a larger amount Of
slack 10 remain in the sixth level which
taken In connection with the gases pres
ent was subject 20 explosion
On August q. 1854 Mrs. Pugh claims her
husband and fifty other miners were work
INK on the sixth level. and on account of
the accumulation of gases and Insufficient
ventilation etc. the mines took fire. While
TIE FIRE was going on she claims that
through carelessness the defendants ston-
ped the fan and thus ceased venfilating
the mine and stopped the supply of fresh
air 10 John T. Pugh. The tunnel door was
permitted to be open. and this caused
Pigh and other miners to be smothered
II II also claimed that those in charge
OF the mine failed to have sufficient hoist
Ing apparatus or eseapcment shafts and
siairways to enable the miners TO get ont
In time Of danger
The Oregon Improvement COMPANY
claims that the death of Pugh was caused
by his own want Of care and skill and
lack OF thought in not Immediately faav-
fag me mine when notified. and on dis
covering That II was on fire. instead of
through any Negligence, carelessness OF
Want OF skin on the part of the companv
US agents or employees II il further
Claimed that Pugh's death was caused hv
Flsk incident 10 his employment as n
miner and assumed by him on entering and
remaining In the employ OF the compauv
u IS also claimed that Pugh's death was
oae 10 caFelessness. error Of judgment
ana mistake OF his fellow servants
coupled with his own carelessness and
neEhgent conduct. and not through any
roYes
fugh was 20 years old. and left a widow
ana The following children: Elizabeth.
sged 70: William. S: Mary, 6; Margaret. 4
aad Edith, 8.