The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-10
VERDICT FOR MlLAN0
The Jury Decides on an Award Of
$1,000 for Injuries.
A LOT OF INFORMAL BALLOTS
Closing Arguments by the Attor-
neys on Both Sides OF the
Case Two Witnesses
Offer Testimony.
A LOT OF INFORMAL BALLOTS

Joseph M1lano was given Verolct
for $1,000 against the Kenyon-Connell
company last evening for the loss of
one eye and injury TO the other. The
trial, which lasted more than a week.
was concluded yesterday afternoon,
and the case submitted to the jury
about o'clock in the afternoon. They
were out until $3.50 o'clock and returned
with the verdict stated. On request of
counsel for the defense. the jury was
polled and stood to 4 for the verdict,
as follows: Yeas-J II. Waters,
Charles White. Thomas Dyer. John
Brannigan, John Floyd. Charles Mer-
riheld, John Rafferty,, and w. II. Pat
terson. Nays-Samuel Shone, j. G.
Terrence, Thomas Sturtridge and p. d.
Perry. The four were opposed to the
verdict on general grounds, or as to
where the first explosion came from.
The jury seems to have had all sorts
of opinions on the question. A number
of informal ballots were taken and
stood six to six and then the vote
changed to to and finally to 4.
Several jurors wanted to locate the ex-
plosion in the Butte Hardware build
ing and give Milano damages anyway,
although the Butte Hardware COM
pany was not defendant. One or two
others wanted to make 1t appear that
Milano was hurt in the second explosion
and give him a verdict. The amounts
OF damages considered were from 81 500
to $4,000. and they finally agreed on
the 81, 00O
When the trial was resumed yester-
day morning Thomas Mcdonald was
called TO testify in rebuttal, and said
that George Tilton, one of the defend
ants witnesses had often told him that
the first explosion had occurred in the
Kenyon-Connell warehouse, which was
contrary to the testimony Tilton gave
on Wednesday. Mr.. Nolan then offered
in evidence a part of the testimony
given by the witness, Peter Martin, at
the Goddard trial to show that 1t diff
fered materially from the testimony he
gave at the Milano trial on Wednes-
day.
John C. Heilig testified that at the
time of the first explosion he was near
the city hotel, and at the second explo-
sion was at a point just north of the
Kenyon-Connell and Butte hardware
warehouses. A number of rabble heads
fell around him after the first explo-
sion and one Of them struck him on the
leg. He picked up the piece of iron
and put it in his pocket.
Mr.. Heilig's testimony closed the
case, and Mr. Nolan opened the argu-
ments in behalf of the plaintiff and
The witnesses for the defense came in
for a severe arraignment, and Mr. No
Ian is an adept at it, He told the jury
that the only question to be considered
by them was as to where the first ex-
plosion came from, and he called their
attention to the fact that every witness
for the plaintiff was positive that IL
came from the defendant company's
building where the fire was and the
flash and explosion had been witnessed
by them. On the other hand, the de-
Tense attempted to show only by a few
circumstances that the explosion might
have come from the Butte hardware
building.
John F. Forbis followed for the de-
Tense, and said IL was admitted that
the fire originated in the Kenyon-Con-
nell building. and that the firemen
were at work on that building when
the explosion occurred and ne believed
that all the witnesses who testified that
the explosion came from that building
really thought that that was the case
He believed also. however, that while
they were all looking at the fire the
explosion occurred in the Butte hard
ware building, and they were knocked
senseless In an instant and when the
report was spread that the explosion
came from the Kenyon Connell build
ing they allowed their minds to be
formed in that report and by their last
impressions before they were rendered
unconscious
j. l.. Wines made the closing address
for the defense. and was followed by
j. A shelton for the plaintiff. The
courts instructions were similar to
those given In the Goddard case.