The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-04
Joe MILANO'S CASE
A Jury Is Secured and the Explosion
Story Will Be Recited.
ARE WARNED BY THE JUDGE
Mr. Shelton Makes the Opening
Statement-Civil Engineer Ba-
ker the First Witness-Con-
tinued TIL To-Day.

the Kenyon Connell Commercial COM
pany and its officers and the introduc-
ton of testimony commenced. When
the selection of Jurors was resumed
yesterday morning Charles Ferris was
the first man called, and as he had no
opinion he was passed and the plain
tiffs on their third peremptory chal-
lenge excused John Mitchell l.. Lar
son was positive where the first explo-
sion occurred and Walter Rogers also
had an opinion and both were excused.
Patrick Mullins said he had made up
his mind that a greater amount OF
powder exploded than has generally
been stated. The plaintiffs challenged
Mr. Mullins for cause, and although
his opinion was against the DEFENSE
they resisted the challenge. The court.
however, excused him. A. b. knight
said no evidence could be introduced to
change his opinion as to where the first
explosion occurred, and A. ID. Schmidt
was equally positive as to his opinion
on the subject of the amount OF pow
der that exploded and both were ex-
cused from serving on the jury. Sig
mund Sayer tried hard to get of the
jury, and said he did not understand
English well enough. but the court told
him the gentlemen in the case were all
plain men. Mr.. Sayer then said he had
an opinion as to the amount of pow
der that exploded and he was there
fore disqualified. The new veniremen
seemed to catch on" in great shape,
and one after the other had positive
opinion as to the quantity OF powder
that exploded. Calvin Gates had an
opinion on that point. John Rafferty,,
however did not, and was compelled to
remain In the box against his wishes.
The defendants third peremptory chal-
lenge was exercised on John Kelly and
]. A. Schiffman was called and passed.
but he was let of Immediately on the
plaintiffs fourth and last peremptory
challenge Timothy Shea, the next man
called, had an opinion as TO where the
first explosion occurred and got off on
that excuse. Thomas Waters also had
a positive opinion and was permitted
TO GO Griffith Jones, a man of rather
dull comprehension, was next called
and had a great deal of difficulty In
understanding what he was In court
for. II am not fit to be on jury. 1
can tell you that" said he.
The court quite agrees with you
and you can CO." said the judge.
]. j. Feeley, Timothy Mcnamara, ].
l.. Van Hove, George L. Ganey, A. b.
Fredericks all had opinions as to the
quantity of powder that exploded and
were challenged for cause one after
another. w. II. Patterson was called
and passed and then the defense exer-
cised it's fourth and last peremptory
challenge and excused Charles Ferris.
The last man called into the box was
ID. Perry, who said he was In England
at the time of the explosion, and there
fore knew nothing about It, and had
no opinion.
Did you hear the explosion" asked
Mr.. Forbis. Mr.. Perry said he did not
hear IL. The completed jury is COM
posed as follows: j. II. Waters, miner;
John Brannigan, mining man; Thomas
Dwyer, miner; John Floyd. miner;
Thomas Startridge, miner; Charles
White. carpenter; Samuel Shone.
blacksmith; Charles Merrifield, miner;
j. @. Terrence. Waterman at mine:
John Rafferty,, plasterer; w. II. Pat
terson, ice dealer; ]. ID. Perry. black
smith.
After the jury had been sworn Judge
Mediation instructed them as to their
duties, and took occasion TO warn them
about their conduct in the jury room,
and told them they would not be per-
mitted to separate until the completion
of the trial. He reminded them that in
case they should find a verdict for the
plaintiff they were prohibited by law
from arriving at the amount of dam
ages by any means Of chance or gam
bling and that former verdicts reached
by such means had been set aside.
]. A. Shelton made the opening state
ment to the jury for the plaintiff and
read the pleadings in the case. He said
the evidence would show that the de-
PENDANT company carried a quantity of
powder very much in excess of the
amount allowed by law and that the
first explosion on the fatal night of
Jan. Is occurred In the defendants
warehouse. Joseph Milano. the plain
tiff, was on the street at the time OF
the fire alarm and started toward the
scene. When he reached the Garrison
house. and was on the east side of the
street, the first explosion occurred. and
he was struck on the head with some
flying missile and was injured so that
NE had to have one of his eyes remov-
ed and the sight of the other was par
tally destroyed. He asked for $4,000
damages.
John F. Forbs made a statement for
the defense similar to the one made in
the Goddard case. to the effect that II
would be shown by circumstances that
the first explosion came from the Butte
Hardware company's warehouse and
that the second came from the Kenyon
Connell warehouse. Mr.. Forbis chang
ed his former statement considerable so
as to conform 10 the plaintin's testl-
rnony in the Goddard case In the latter
case great stress was placed on tho
claim that all the rabble heads were
thrown out by the second explosion.
and that the Kenyon Cornell companv
carried the rabble heads The testi-
mony. however, was conclusive that n
fairly rained rabble heads after the
first explosion. Mr. Forbis said II must
be concluded from the testimony that
both warehouses contained rahhIe
heads. He maintained. however that
IL would be shown that wheelbarrows.
shovels and pipes, which were thrown
out by the first explosion, were kept in
stock only by the Butte Hardware
company.
T. T. Baker. civil engineer, was the
fist witness called and testified about
a map he made of the scene of the ex-
plosion. and described the scene as he
found II the day after the catastrophe.
j. r. Dutton, an electrician and en-
gineer. who had testified at the former
trial. was the next witness, and said
me had been familiar with the ware
houses prior 10 the explosions. He was