The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-29
THEY'RE DEFENDANTS
Judge McHatton's Decision in the Ex-
plOsiOn Suits.
AS TO THOSE ATTACHMENTS
rhe Case Against the Butte Hard
ware Company Dismissed-So-
phia Coddard's Motion to
Intervene Dismissed.
AS TO THOSE ATTACHMENTS

Judge Mediation decided yesterday
that w. r. Kenyon, M. ]. Connell, c.
II. Palmer and j. Z. Gaylord. trustees
of the Kenyon-Connell Commercial
company, should be added as defend
ants in the explosion damages cases of
w. r. Orr. William G. Singleton. An
drew j. Swift. John II. Steinborn, Louis
Doerr and Thomas Mcdonald against
the Kenyon Connell company. The
matter came before the court on the
motion of Attorney ]. w. Kinsley for
leave to amend the complaints so as to
include the trustees. He said that in
view of the attachment suits against
the company for nearly $4,000 there
would be nothing left to satisfy any
judgment that might be obtained in the
damage suits, and another suit in each
case would then be necessary against
the trustees for the purpose of satisfy
ing the judgments. Mr.. Kinsley argued
that it would be in the interests of the
taxpayers of the county to include the
trustees in the original suits and thus
avoid the expense of additional actions.
He said that in view of the fact that
the cases were set for trial next
Thursday and to avoid a continuance,
he would suggest, If the motion TO
amend were granted, that the trial go
on as to the trustees, Kenyon and
Connell, who had already made their
appearance in the cases.
Mr.. Kinsley referred to what he
called the suspicious circumstances of
the attachments, and spoke of it as a
conspiracy between the defendant
company and the largest creditor, w.
A. Clark. who is also a large share
holder in the company. He said the
damage cases came to issue in July.
and at the time the Kenyon-Connell
company had not filed an annual
statement. as required by law, for sew
eral years, and the plaintiffs had no
means of knowing how the company
stood Later in July the company did
file a statement, showing that with a
paid up capital stock of $4,000 the en-
tire Indebtedness of the company was
only $4,000. and the plaintiffs had no
reason by that showing to feel any ap-
prehension. In September another
statement was filed and, according to
Ii, the liabilities of the company in two
months had increased to $4,000. but
even then there was a surplus of nearly
100000, and there was no cause for
alarm on the part of the plaintiffs i'm
the damage cases. Less than three
months later the company was at
tached on alleged claims aggregating
nearly $4,000 without any show or war
rant for such an Indebtedness. All the
pfOpCIty VI tic COIlDdny WAS atIdCneQ
and all accounts due were garnisheed,
and II was evident that after the at
tachments were satisfied nothing would
be left for the judgments in the dam
age cases.
John +. Forbis and ]. L. Wines rep
resenting the defendant company, OPP
posed the motion TO amend and said
that IL IL were granted they would
have to ask for a continuance of the
trials. Mr.. Forbis said the company
was ready to go to trial, but that IL
the trustees were included they would
be entitled to 20 days in which to an
swer and would insist on their dues.
He said whatever relation existed be-
tween Mr.. CLARK and the Kenyon Con-
nell company made no difference. Mr..
Clark did only what any other credi-
tor would have done-protect himself.
The Kenyon-Connell company, said
he. would respond to any judgment so
far as IL was able or so far as the law
compelled IL to. Mr.. Forbis said Mr..
Kinsley might have expected that
other creditors OF the company would
protect themselves
Judge Mediation said there had been
sufficient showing made in the affi-
davits to amend and that the motion
would be granted. Mr.. Forbis then de-
manded a continuance of the trials.
and the setting of the six cases men
toned were vacated ana they VIII
therefore go over until all the other
explosion cases are tried. The case OF
Joseph Milano. set for next Thursday,
will therefore be the first one tried.
At the trial OF the Goddard case. IL
was proved that the first explosion
came from the Kenyon-Connell ware
house and the company's attorney
claimed, and the proofs also went that
way. that the second big explosion
also came from that building. In view
OF these facts Mr.. Kinsley yesterday
dismissed the $4,000 suit of William
r. Orr against the Butte Hardware
company. The Kenyon-Connell COM
pany will therefore be compelled to
defend all the actions alone.
The motion OF Sophia Goddard for
leave to intervene I'm the suits OF w.
A. Clark. the California Powder COM
pany and the National Tube Works
against the Kenyon-conneil company
was argued yesterday afternoon and
Judge Mediation granted the motion
upon the fling OF a sufficient bond by
the intervenor. The amount OF the
bond has not yet been fixed.
The attachment suit OF Il. Snyder e.
Co. against the Kenyon-Connell COM
pany was ordered dismissed as settled.
on motion OF the plaintiffs attorney.