The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-27
ANOTHER BIG FIGHT
The Explosion Damage Cases Will Go
to Court in q Different Form.
TO SUE THE WHOLE ROSTER
Records Show That the Kenyon
ConnelI Company Held Meetings
Only to Declare Dividends
Arguments Saturday..

The hardest and most Important
fight in the big explosion damage suits
will probably be made In Judge Nc
Hatton's court Saturday afternoon
when an effort will be made to have
w. r. Kenyon, NJ. ]. Connell, ]. e.
Gaylord and c. II. Palmer, trustees of
the Kenyon Connell Commercial COM
pany, included In all the suits and
personally made defendants. This will
be a result of the action of certain
alleged creditors of the Kenyon-Con-
nell company in attaching all the prop
erty In anticipation of the unfavorable
verdict in the Goddard case. ]. w.
Kinsley yesterday filed a motion, sup
ported by afidavits. for permission to
amend the complaints in the cases OF
w. r. Orr. ]. II. Steinborn, Thomas
Mcdonald, A. ]. Swift. @. w. Single
ton and Louis Doerr against the Ken
yon-Connell company so as to include
the four trustees named. Judge Nc
Hatton issued an order to show cause,
TO be heard at o'clock Saturday att
ernoon.
The affidavits in all cases are the
same and read as follows: wv. r.. Orr,
being first duly sworn, deposes and
says that he Is the plaintiff In the
above entitled action; that he Is in
formed by his attorney, j. w. Kinsley.
that he has a good cause of action
against all of the above named de-
PENDANTS, and that in order to collect
the judgment, should one be obtained
In said action, 1t is absolutely neces-
sary that he should be permitted TO
Join the defendants, w. r.. Kenyon, M.
]. Connell. ]. Z. Gaylord and c. II.
Palmer, with the Kenyon-Connell
Commercial company; that at the time
his present pending action was brought
and until the 21st day of December.
1895, being a date after his case had
been set for trial, he was informed
and believed that the defendant, the
Kenyon Connell Commercial company,
was solvent and able to respond to any
judgment that he might obtain against
II; that he had no means of ascertain
ing prior to that date the actual con-
dition of said corporation. as IL had
not complied with the laws OF the state
OF Montana requiring a statement Of
its condition to be filed in the Office OF
the county clerk and recorder of Sill
yer Bow county. Montana, and this
affiant never had access to any of the
books or accounts of said corporation;
that on the said 21st day of December,
believes, the defendant herein. the
Kenyon Connell Commercial company.
and the proposed defendants herein
Kenyon, Connell. Gaylord and Palmer
through their agents and representa-
tives conspired with one w. A. Clark
& Brother. through their agents and
representatives, to procure the COM
mencement of certain suits in this
court and the levy of certain attach
m "a nf d.
ant, the Kenyon Connell Commercial
company, sufficient, as this affiant
is now informed and believes,
to exhaust all the available assets Of
the defendant corporation. and the de-
sign and effect of said suits and The
attachments will be to prevent the col
lection Of any judgment that may be
obtained by this affiant against the
said defendant corporations; that one
w. A. Clark. the owner. as affiant be-
lieves. of the largest claim sued on and
attached for Is also one OF the largest
owners OF the capital stock of the de-
PENDANT corporation, and affiant is in
formed and believes that the dual ca
pacity occupied by the said w. A.
Clark will result in his being allowed
10 absorb the assets of said corpora
tion In preference to any other cred
itors, or of this affiant should he OBJ
tain a judgment in this action; that
this affidavit and motion accompany
ing II is not made for the purpose Of
delaying the trial OF this action or for
any other purpose whatever except to
enable him to realize upon a judgment
which he believes he will obtain in the
trial of this action"
The six damage suits mentioned
above are all actions for personal in
turies and are set for trial on Mon
day. If the plaintiffs are permitted to
amend their complaints II is probable
that the defendants will ask for a con-
tinuance, though the. four trustees are
already included in a number of death
cases and have made answer in those
suits. In the affidavit above quoted il
is alleged that the Kenyon Connell
company has failed to comply with the
state law by not filing annual state
ments. A statement was filed this year.
after the explosion. and the company's
liabilities generally placed at nearly
100000. No statements. however, were
filed during the years of 1892
"a, and in 1894 the company is
said to have declared a divi-
dend of per cent. and the pre-
vious year a dividend of Is per cent.
was made. There are records Of only
two trustees meetings and both were
held TO declare dividends