The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-03
FOR HIS INJURIES
Milano's Suit Tor Damages Against
the KsnyOn-COnnell Company.
SECOND EXPLOSION CASE
The First Day Consumed In an En-
deavor to Get a Jury-Many
Are Called But Few
Are Chosen.


for trial in Judge McHatton's court
yesterday morning. the suit being that
of Joseph Milano against the Kenyon
Connen Commercial company and w.
r. Kenyon, general manager; NJ. ].
Connell, president, and c. II. Palmer
and ]. Z. Gaylord. trustees of the COM
pany. Frank z. Shaw had also been
made one of the defendants on the be-
lief that he was one of the trustees.
but Ii was found that he was not, and
the case was dismissed as to him. Col.
c. b. Nolan, j. A. Shelton and I. j.
Walsh appeared for Milano. and John
+. Forbis and j. l. Wines for the de-
PENDANTS. The suit was for damages
for personal injuries sustained from the
first big explosion.
The first lot of Jurors called in the
case for examination was ]. H. Waters.
John Brannigan, Z. c. Munin, s. l..
Richards, W.. w. Kennedy. Charles
White, Joseph Rosenthal. Charles Mer-
rifield, William Tippett. John Sullivan,
John Kelly and ]. @. Terrence. On ex-
animation for cause. ]. H. Waters said
he had an opinion as to the amount OF
powder that exploded, but he had no
opinion as to the merits Of the case.
Mr.. Brannigan had an opinion as to the
liability of the trustees OF the compa-
ny. but the court said the jury was not
court would determine that. Mr.. Bran
nigan said he did not like to sit on the
case, but he would decide 1t according
TO the law and the evidence. K. c.
Mullin and s. l.. Richards had no opin-
ions. but w. w. Kennedy had and was
excused. Thomas Garland was called.
and was also found to have an unqual-
flied opinion, and was succeeded by
Patrick O'Farrcll. who was passed. Jo-
seph Rosenthal. Charles Merriheld,
John Sullivan, John Kelly and j. G..
Terrence were all passed by the plain
tiff, although the last named said he
had an opinion, but thought he could
return a verdict in accordance with the
evidence. provided there was enough of
II to remove the opinion he had. Will
liam Tippett was excused because the
relation of debtor or creditor existed
between him and the defendant COM
pany, and A. 8. Mcdonald was called in
his place. On examination for cause
by John Forbis. he brought out the
fact that s. L. Richards had an un-
qualified opinion and me was excused.
w. p. Bentley, the next man called,
also had decided opinion and he gave
his place in the box to Richard Han
cock. Mr.. Hancock said he had neither
bias nor prejudice. but he had an opin-
ion as to the amount of powder that
exploded, and on that question he could
not try the case impartially. and he
was, therefore, excused. John Floyd,
the next man called, had no objection
able opinion, and was passed. Mr.. For
bis found, on close questioning, that
Mr.. Mcdonald had an opinion. and the
Juror was excused. A. j. Willard was
called and in answer to questions said
he would try the case according to the
law and the evidence. but that he had
a bias in the matter. Mr.. Willard was
let off and John Mitchell called In his
place and passed. On the plaintiff $
first peremptory challenge. Joseph Ro-
senthal was excused and Thomas Nor
row succeeded him in the box. but he
had an opinion and was also permitte1
10 go. II. Z. Dave, the next man call
ed, said he was Indebted to the Ken
yon- Cornell company to the amount of
about $3.50. and as that was a disquali-
fcation, he was excused. Samuel Shone
was called and passed. and the defense
exercised its first peremptory challenge
on Patrick OFarrell.
Michael German was called into the
box and said he had felt grieved for
suffering humanity" when he heard OF
the results of the dreadful explosion.
and ne doubted II he was entirely I'M
pretudiced as far as the defendants
were concerned. but he thought he
could try the case according to the
law and the evidence and his con-
science" He knew nothing about the
merits of the case. but his feelings and
sympathies had been with the killed
and injured, but that feeling had been
worn off. The defense challenged Mr.
German. but the court further examin-
ed the juror and discovered that hi
was so hard of hearing that he under
stood questions with difficulty. and he
was excused for that reason. Thomas
Sturtrfdge was called and passed. and
the plaintiffs. on their second peremp-
| tory challenge, excused L. c. Mullin
and his place was taken by Thomas
Dwyer. The defense peremptorily
challenged John Sullivan. j. r. Beck
was called and said he had an opinion
and had been a member of the grand
jury that investigated the explosion
His opinion as to thu responsibility OF
the defendant was unqualified. but hi:
| opinion as to the facts was not posi-
tive. He also had an opinion as tc
| where the first explosion occurred. and
was therefore excused. w. ]. Day had
no opinion as to where the first explo-
sion occurred. He was quite we'll ac-
| quainted with some of the firemen kill
ed and injured. and for that reason M
| did not believe he was entirely impair
dial and unprejudiced, and ne was ex
4 cused. James w. Bell also had az
opinion which he thought would pre-
vent him from trying the case fairly
and impartially. and he. too. was ex
| cused.
The clerk announced that the venir,
had ben exhausted and a new venir,
| for IS jurors was ordered issued an.
made returnable at 10 o'clock thi
morning. 10 which hour the court ad
journed.
Go TO c. p. Smiths restaurant and
short order house for a first-class meal
30 w. Park street.