The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-07
IMPORTANT MOTIONS
The Question Of the Liability Of TruS-
tees to Be Determined.
AS TO THE EXPLOSION CASE
Mr.. Kenyon and One of His En-
ployes Give Testimony-Dave
Walsh Says the Company
Did Carry Certain Pipes.

against the Kenyon-C Cornell CONNER
cial company was resumed In Judge
McHatton's court yesterday morning
with r. NJ. Campbell on the witness
stand Mr.. Campbell testified that at
the time of the first explosion ne was
on Ohio street. He saw the fre In the
Kenyon-Connell warehouse and the ex-
plosion came from that building. Inc
Butte Hardware building was not on
fire until after the first explosion. On
REORGANIZATION Mr.. Campbell said
he was about 400 yards from the fire
He approached nearer the scene after
the first explosion and found all the
warehouses, with the exception or the
Butte Hardware warehouse, destroyeo.
Frank Newcomb, a swttchman on the
Great Northern, saw the fire in the
Kenyon-Connell building, and saw the
first explosion come from that ware
house.
David Walsh gave some rather I'M
portant testimony that had not been
brought out at the previous trial. Inc
defense has always CLAIMED that the
Butte Hardware company carried pipe
of the character supposed to have been
thrown out on the first explosion. and
that the Kenyon-Connell company did
not carry such pipe. Welsh said that
on the morning of Jan. 10, the day OF
the explosion, he went to the Butte
Hardware warehouse to get some pipe
and the warehousenan told him they
had none, and Walsh went over TO the
Kenyon-Connell warehouse and got
what he wanted. While in the latter
place he saw eight or nine boxes or
powder.
Con Sheehan, a 13-year-old boy, tes-
tined that he was in the kenyon-Con-
nell warehouse on the Saturday before
the explosion to get some iron for his
sled runners and while waiting for II
he counted 25 boxes of powder stacked
up in one corner of the building. There
were more than that number. and he
didn't count them all. The boxes were
marked plainly with the word Pow
der" On cross-examination the boy
said there were two or three tiers of
boxes and that he only counted a por-
ton of the front tier.
James Graham, a blacksmith, testi-
fed that he visited the Kenyon Connell
warehouse two or three times a week
TO get iron to use in his business. He
was in the building on the day before
the explosion and saw seven boxes of
powder lying ON the floor in the south
west corner of the building and made
the remark at the time that IL was a
bad place to have powder
Elmer Fuller of Bozeman, express
messenger for the Northern Pacific Ex-
press company. testified that he had
been assistant book-keeper and collect
or for the Kenyon-Connell company
for some time prior TO Sept. l. 1894.
Prior TO that time he acted as extra
man for the company and sometimes
drove a delivery wagon. He often de-
aivered powder at the warehouse from
the magazine. Sometimes he would
bring In a whole load of 40 boxes, and
sometimes less. but he never left a
whole load at the warehouse. He had
left as high as 20 boxes there at one
time. and sometimes as little as two
boxes. AT different times he got from
one TO five boxes at the warehouse, to
fill orders. He was working only as
extra man and made the powder de-
hveries at odd times. Other drivers
also handled powder.
Gust August testified that he was in
the Kenyon Connell warehouse a week
or two before the explosion and saw
10 or IL boxes of powder In the north
west corner OF the building. He went
sn to get CRATE for his stove.
John Jackson, an accountant, the
next witness, testified that he made an
examination of the books of the Ken
yon-Connell company for the purpose
or ascertaining the extent of the COM
panys transactions i'm powder on
Feb. i, 1894, the company had on hand
4,l5O pounds and from that date up to
Jan. To- 1895, the day of the explosion,
they purchased 377, 800 pounds making
total amount handled during the year
OF 424,7OO pounds. The total amount
sold was 314,7H pounds, leaving a bal
ance on hand at the time of the explo-
sion OF $4,000 pounds. The total cash
sales, including everything sold by the
company, were $l2.1S7.77 for the year.
put there was nothing to show the
amount OF the cash sales of powder
and there was nothing on the books to
show where the powder was stored.
whether In the warehouse or magazine
Charles circuit, warehouse man for
the company. testified that IT was a
rule TO have about 20 boxes of powder
at the warehouse on the first OF the
month. but II was nearly all delivered
Within few days. on cross ex amin
alton he said the powder was put there
under his directions and that he was I'm
complete charge of the warehouse He
estimated that there were not over
three or five boxes in the warehouse on
the night OF the explosion. The powder
was kept in little room at the north
west corner of the building. Nothing
else was kept in the room, but he said
the space had not been known as a
powder room. 1t was constructed un-
der his direction, but he could not saw
that 1t was made for any particular
purpose, was his explanation on redi-
rect examination
The deposition of William f. Hall. in
which he estimated the amount of
powder that went of at the first explo-
sion al "a tons. was read to the furry
by Attorney Walsh.
Fred Dell, the next witness. testified
that at the time of the explosion and
Tor two years prior 10 that time he was
delivery man for the Kenyon-Connell
company and frequently delivered
powder, which he obtained AZ the
warehouse. The amount he cot there
was from one TO IS boxes. usually about
six or seven boxes. He often delivered
powder from the magazine also and
brought in 20, 30. 40 or 50 boxes.
Mr.. Walsh offered in evidence the in
surance policies on the Kenyon-ConneIl
warehouse TO show that the trustees OF
the company had knowledge OF the fact
that the warehouse had been used for
the storage OF powder. The court ruled
the evidence out
Joseph Milano. the PLAINTIFF in the