The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-15
Mrs. Brinck's Case Against the
Kenyon-Connell Company.
MOTION FOR A NON-SUlT
Overruled by Judge Lindsay as to w
R. Kenyon = Sufficient Evidence
Against Him to Go to the
Jury for Consideration.

mercial company by making a suffi-
GENTLY strong case against w. r. Ken
| yon, the general manager of the COM
| pany, to go to the jury and allow it to
decide whether or not he shall be held
| personally liable for damages resulting
| from the powder explosion in the COM
! pany's warehouse and causing the
death of the plaintiffs husband. Judge
Lindsay oyerruled a motion for a nom
suit as to Mr.. Kenyon, and said there
was sufficient evidence to go to the jury.
When the trial was resumed yesterday
morning r. w. James was put on the
stand again and was subjected to a fur
Their and severe cfoss-examination by
Mr.. Forbis. The witness told again
about calling the attention of Mr.. Ken
yon to the danger of having powder
stored in the warehouse Mr.. Forbis
asked James how he came to testify in
the case and the witness said that he
was in a restaurant one time when some
parties We're discussing the explosion
cases and he made a statement about
having called Mr.. Kenyon's attention to
the powder stored in the warehouse
and the danger of it. The day follow
ing the conversation in the restaurant
Mr.. Shelton, the plaintiffs attorney.
stopped him on the street and asked
him il he would go on the witness stand
and swear to what he had said, and
ness could come no nearer to the date
of the conversation in the restaurant
than to say that it was in 1895 or 1896.
Mr.. Forbis asked him why he did not
offer his testimony at the coroners in
quest and at the previous explosion
trials, and James said he was III st.
Paul at the time of the coroner's in
quest and had not been asked to testify
at the other trials. In answer to
question on redirect examination he
said
Il did not want to volunteer any tes-
timony but concluded that ii called
upon to testify | would not run away
from it.
W.. X. Quarrels was the next witness.
He testified that he was receiver of the
books and records of the Kenyon Con-
nell Commercial company. Several of
the books We're produced and portions
of them offered in evidence. An inven-
tory of 1894 was offered to show the
material stored in the warehouse, in
Guiding 1900 cases OF giant powder and
440 kegs of black powder. Mr. Forbis
objected to the testimony on the ground
that the inventory did not indicate
whether the powder was stored in the
warehouse or magazine He also OBJ
jeeted on the ground that the books of
company could not be evidence against
an officer unless it was shown that that
officer made the record. The judge eX-
amined the book and sustained the OBJ
lection to it, as it did not show where
the powder was stored.
c. C. Rueger, superintendent OF the
Licking ton mine. testified thai he was a
stockhoider and trustee of the Kenyon
Conne1l Commercial company from
Feb. 49, 1892. to July s. 1898. On Feb.
i, 1894, he received from Mr.. Kenyon
statement of the condition of the
company, which statement referred to
the inventory offered iii evidence while
Mr.. Shelton again offered the inventory
and the statement, but the court ruled
! both out
Mr. RGeger testified as to Mr.. Ken
! yons management and general super
vision of the business and intimated
! that his management was not entirely
satisfactory.
Did you ever complain to Mr.. Ken
yon about his management of the COM
pany?" asked MI. Forbis
j Not directly
indirectly"
Yes
"When?"
About Feb 90 1885,
I'm reference TO the storage of pow
der?n
No
Did you know of any derelction in
that respect?'
No"
And you were trustee and stock
holder and interested i'm the financial
welfare of the company"
Yes
Fire Marshal Flannery testified about
the fire at the Kenyon Council ware
house and said the disastrous explosion
came from that building.
W. E. REYNOLDS. an insurance agent.
testified that the expectancy of life of
a man So years of age the age of Mr..
Brinck at the time of his death. was
% and 62-10G years. On cross-examfna-
ton Mr. Reynolds said the mortality
table from which the figures were taken
were accurate, having been made up
from the insured lives of many insur-
ance companies The table is based on
the health of the insured at the time
of their examination and takes into ac-
count a good pedigree, good health and
temperate habits. The witness said n
man could smoke all he wished to- but
he could not drink too much and pass
the insurance companies examination.