The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-26

met their death and neither censured nor
exonerated the company. Mr.. Miles main
tanned that the company should have
been censured for the death of Dwyer,
Shields, McVeigh and O'Rourke, on the
strength of a section in the penal code
which allows 5000 opunds of powder to
be stored in a mine. but prohibits its
storage in any place where its accidental
explosion would cut on the escape of the
miners. When the verdict was read he
objected to IL on this ground. He said IL
tina company was censured powder would
be moved to comply with the law In all
of the mines in the camp to-day. The ju-
rors stood by their verdict and stated
that II is simply the duty of a coroner's
jury to state when, where and by what
means persons met their death. They
said that they could not see any grounds
for censuring the company. and Juror ST.
Charles remarked that they did not pro-
pose to make monkeys of themselves.
They said that IL there had been a viola
ton of law that was a question TO be
settled in the courts and not by a coro-
ner's jury, and suggested to Mr.. Miles
that IL the law had been violated 1t was
his duty to institute proceedings against
the company and collect the stipulated
fin. Juror Harris stated that County At
torney Wines, who conducted the investi-
cation, had said that the verdict which
had been returned was the only one that
could be found. Coroner Richards con-
Guided that the jury was right and ac-
cepted the verdict. The jurors were c. l..
Harris, william Knight, b. Z. st.
Charles, II. H. Cullom, G. r. Brown and
+. c. Williams.
Deputy State Mine Inspector testified
that he visited the scene OF the explosion
on Friday evening and got to within six
feet of the magazine. The indications
were that all of the powder exploded in
the magazine. He gave his theory of the
accident as published in his interview in
yesterdays Standard. The powder was
stored in an offset in the level six feet
long, about 100 feet from the station. 1t
was stored to cut off the escape of
Dwyer, Shields, McVeigh and O'Rourke.
who were working in the drift beyond the
magazine. but he did not believe these
men could have escaped even IL there had
been another means of exit for them. He
did not consider the Atlas powder as safe
as some other brands.
Foreman Pete Ryan was recalled, but
could not throw any new light on the ac-
cident. He entertained the same belief as
Mr.. Miles, that Lowney and Quinlan set
fire to the powder in making up their
primers.
The following verdict was returned:
I'VE find that the above-named deceased
came to their death in the 1100-foot level
Of the st. Lawrence mine on the morning
of April IL. 1896 and that their death was
the partial result of the explosion of At
las powder which had been stored in said
1100- foot level ready for immediate use.
1t has been further shown that Dwyer,
Shields, McVeigh and ORourke were
working in the face of the level while
Lowney and Quinlan were sinking the
shaft, and that the powder was stored
about half way between the shaft and
the face Of the drift or level. 1t is known
that Lowney and Quinlan had gone from
the shaft to the magazine after powder,
caps and fuse. The fact of the bodies of
Dwyer, Shields, McVeigh and O'Rourke
having been found between 20 and so feet
from the magazine leads to the belief
that they had quit work and were at or
near the place where they changed their
clothes. The bodies of Lowney and Quin-
Ian having been found 80 feet from the
magazine in the direction of the shaft
leads to the belief that the powder had
accidentally caugh fire while these men
were printing, and that they attempted to
escape from the explosion they knew
would follow. In the absence of the ac-
tual witnesses, who were killed by the
explosion, the jury is unable to determine
how the powder came to explode, and can
therefore only render a verdict in ac-
cordance with the evidence given at this
ceased miners came to their deaths from
injuries received in an accidental explo-
sion of Atlas powder"