The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-22
BUTTE NEWS.
DEATH Of OSCAR MCCOY
Investigation by the Coroner Has
Been Completed.
AN UNFORESEEN ACCIDENT
The Jury Reached the Conclusion That
1t Was Unavoidable and That
No One Was to
Blame
AN UNFORESEEN ACCIDENT

The inquest into the death of Oscar ].
Mccoy, who was killed in an accident
dent in the Diamond mine last We'd
nesday, was completed by Coroner JUL
lien yesterday. The jury met at st.
James hospital at 2 o'clock to listen
to the testimony of Joseph Sthjan, or
Smith, for the taking Of which the con-
tinuance was taken the day before. I
his statement there was nothing to in
dictate carelessness on the part of any
one and Deputy Mine Inspector Frank
Hunter, the only witness remaining to
be examined, expressed the opinion that
the accident was wholly unforeseen and
unavoidable. The jury accordingly re-
turned verdict to that effect.
The injured man, Smith, who was
working as McCoy's partner at the
time of the accident, was much i'm
proved, though he was still suffering
considerable pain, and it was with some
difficulty that he made his statement
He succeeded however, in making him
self clearly understood. He said that
20 minutes or half an hour
after couple of holes had
went in to pick down. Mccoy grabbed
a pick and went to work, while he stood
for moment and looked on. 1t struck
him that the ground at the back was
not very good and he asked Mccoy if
he thought it was safe. Mccoy replied
that the ground was all right. Smith
was skeptical, however. and as he knew
the floor above was only one set behind
the floor on which they were working,
which made it possible to go to that
floor and knock out the blocks which
held the back, he suggested that Nc
Coy come out while he went up and
knocked out the blocks. Mccoy evil
IDENTIFY did not think there was as much
loose ground held in place by the blocks
as there really was, and said he did not
think there was any danger in picking
1t down from where he was Smith S
fears We're accordingly allayed and
he stepped in to the breast to lend a
hand. Just at this instant Mccoy ZOOS
ened a piece of ground supported by
the block, and like a flash, the whole
mass came down.
Deputy Mine Inspector Frank Hunter
testified to having investigated the ac-
cident. He said that from what he
could see at the time he arrived it was
his opinion that there was no reason
for Mccoy to suppose the amount of
loose ground was anything like as
great as it was, and so thinking, went
about his work in the proper manner.
Mr.. Hunter said that If he had been in
McCoys place he believed he should
have done exactly as Mccoy did,
but from appearances the force of the
recent blast had gone ahead and loosen
ed the ground to seam, leaving moth
ing to indicate it had had this effect
and if this conclusion was correct, Nc
Coy evidently was justified in regard
ing his position as safe enough. In his
judgment, Mr.. Hunter said, the acct
dent was clearly one that could not
be foreseen and was therefore unavoid-
able
The jury's verdict read: I'VE find
that deceased came to his death in
Walkerville township, Silver Bow eoun-
ty, Montana, on the 10Th day of April
1899, from the effects of injuries sus-
tanned in an accident in the Diamond
mine on the above date, in which said
deceased was struck by a fall of ground
on the sixth floor of the 1,400-foot level
From the evidence, we further find the
accident was unforeseen and therefore
unavoidable