The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-14
THE BRINK DAMAGE SUIT
The Last of the Explosion Cases
Comes to Trial.
JURY HAS BEEN SECURED
The Most Sensational and Important OF
These Cases Yet Tried Testimony to
the Effect That Kenyon Knew
of Storage of Powder.

The 1000 damage suit of Mrs Mary
b. Brink against the Kenyon Council
Commercial company. W. r. Kenyon
and Nj. J. Connell. the last of the ex-
plosion cases, was brought to trial in
Judge Lindsay's court yesterday before
jury composed of ]. S. Lagro, Charles
Bausman, A. Buzzette. T. II. Mitchell,
John Kelly. r. Whitman, Pat JOY,
George Spellman, Y. Paltrovitch, James
Quinn, p. A. Gamer and John Gilbert.
The case was in one respect the most
sensational and important vet tried as
for the first time. there was some tes-
timony to the effect that Mr.. Kenyon
had personal knowledge of the storage
of excessive quantities of powder in his
warehouse, and that he regarded the
fact lightly.
The damage claimed by Mrs. Brink
is alleged to have been sustained by
the death of her husband. William c.
Brink. who was watching the fire at
the Kenyon Connell warehouse and was
struck on the forehead by a rabble
head thrown out by the explosion, the
injury resulting in his death The trial
progressed very slowly. The plaintiff
was represented by John 4. Shelton
and Mr.. Hinkle and the defense by
John F. Forbis and j. l.. Wines
Dave Magee driver of the hose cart
at the time of the fire, was the first
witness and repeated the story of the
explosion and said it came from the
Kenyon Council warehouse. He was in
the act of blanketing the horses and
the latter stood between him and the
fire and protected him from the explo-
sion.
James Burns stood near Magee and
testified the same as the latter He had
a leg and arm broken and a lot of teeth
knocked out.
Thomas Mcdonald, who lost an arm
by the explosion testified that he was
near the scene of the fire and said
the first explosion came from the Ken
yon- Connell warehouse.
'Ycu were injured and were consider
ably confused, We're you not?" asked
Mr.. Forbis.
Il didn't feel in the best of health"
he replied.
Mcdonald said he was not knocked
down and when he looked around after
the explosion he found that he was the
only person left standing.
r. NJ Campbell testified that he wit
messed all the explosions and knew that
the first came from the defendants
warehouse.
Mrs. Brink, the plaintiff. was the next
witness and testified that she and her
husband had lived two or three blocks
away from the fire and Mr.. Brink was
watching il through the window of
their house. The first explosion oc-
CURED and something came through the
window and struck her husband on the
forehead, knocking him down. Mrs.
Brink assisted him into the bed room
and then went back to see what had
struck him and she picked up a rabble
head, which had blood on one edge of
it. Her husbands skull was fractured,
but he lived until March q, over three
months after he had received the in
10 md 4
the time and several times tried to go
to work, but his mind was affected and
he had to return home.
DIR. T. J. Murray testified concerning
the wound on Drinks head. Brink was
brought to the hospital on March 16
and died on March 81. 1895 He suf-
fered from compound fracture of the
skull and Inflammation of the brain.
On cross-eXamination DIR. Murray
said he did not remember whether
Brink had erysipelaS or not and did not
remember reporting to the health de-
partment that the cause of death was
erysipelas.
A man named Bell testified that he
was in the employ of the Kenyon Con-
nell company and that he had known
25 to so boxes of powder to be stored in
the warehouse at time.
The deposition OF w. l.. Hall was
read. Mr. Hall testified that he had
some experience with powder explo-
sions and heard several big ones He
heard the explosions on the night of
Jan. 15 1896, and gave it as his opin-
ion that at least two tons and a half of
powder exploded at the first explo-
sion.
Roy Noble. a boy, testified that few
days before the explosion he saw a
large quantity of powder stored in the
warehouse.
Probably the most important witness
yet produced in the explosion cases was
II. w. James. His testimony was
doubtless a surprise to the defense. for
Mr.. Forbis subjected him to a long
and severe croSs-examination. Mr.
James is a local representative for some
Eastern manufacturer of pipe coverings
and paint, and he testified that in 1890
and 1891 he was associated in business
with w. r. Kenyon and later in 1892
was also in the employ of Mr. Kenyon,
and had frequent occasion to visit the
warehouse, where he saw large guam
titles of powder stored He saw them
unload a whole carload at a time and
put ii in the warehouse. The powder |
was piled near the center of the build |
ing, and near it We're also stored some /
explosive caps. and above ii, on racks |
or shelves, there We're piled some small |
hardware. On one occasion Mr.. Ken I
yon was in the warehouse and Mr.. |
James called his attention to the dan I
ger if a piece of hardware should fall /
from the shelf and strike one OF the /
caps which might set off the powder. /
The witness said Mr.. Kenyon replied /
that powder had been stored there ever I
since Butte was a town and there never /
had been any accidents. About a month /
or six weeks after that in the presence
of Kenyon and his manager, Mr.. Rem