Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-17
Trial Yielded Some Interesting
Features Yesterday.
NO1KMEN SIGNED PAPER
Generating All Persons From Blame
For the Collapse Of the
Block.

o'clock last evening and discharged John
Schneider from custody, but schneider
was arrested again by Under Sherl1
Murphy as soQn as he reached the foot
of the first stairway outside of the court
house.
Schneider is the mar who was being
held at the city Jail on a telegram from
Weiser, Idaho, stating that he was want
ed there on a charge of rape. Through
Attorney Kirk he petitioned the district
court for a writ of habeas corpus. When
the matter came III in court the judge
continued it until Z o'clock Wednesday
evening, but at that time the chief of
police produced a certificate from a doc
tor saying that the prisoner was i'll OF
pneumonia and could not be produced.
The Judge thought something was wrong
and stated that unless Schneider was
produced at Z o'clock that evening he
would grant the writ and order his re-
lease. Last evening Schneider walked
into court, the chief accompanying him.
He appeared to be sick. In presenting
the case to the Judge Mr.. Kirk said:
eff your honor please, Mr.. Schneider
is in court, a very sick man. Mr.. LaVelle
says he has no further return to make
That was all there was to the proceed
ings save a few remar concerning the
possibility of Schneider's immediate ar
rest after his liberation.
"He cannot be arrested in the court
ROOM said the judge. "That would be
contempt of court. You are discharged.
Mr.. Schneider. Go hence without bail"
Schneider did not appear to be In much
of a hurry to get out, but whether his
hesitancy was due to illness or an appre-
hopc;op that no wp111 he arrested again
as soon as he got outside is not known.
After remaining in his seat possibly a
minute he started with two of his
friends, but when he reached the place
mentioned the under sheriff arrested him
and locked him up in the county Jail.
This morning Attorney Kirk presented
Judge Clancy with another petition for
a writ and the matter will be heard this
evening. The document ~recites that
Schneider is being held by Sheriff Regain
without due process of law.
Charles B. Wakeman, a bricklayer of
40 years experience in the brick bust
ness, was the first witness called this
morning in the trial of the 5000 York
block collapse suit brought by John Eel
nar against j. e. Oppenheimer. He said
he was standing on the sidewalk in front
of the block when the crash came. The
structure first cracked inside, he said,
ana liz Slttl ~ " III, pol AAio
toe on the curbstone and fell.
"Mr. Wakeman, is it not a fact hat
the building fell outward?" asked Mr..
Cotter on cross-examination.
mo, sir: it is not. There We're two
crashes or falls, I might say"
Asked if the walls would not have
fallen certain ways under certain condi-
tions, the witness smiled and answered:
"Well, I did not come here to give ex-
pert testimony. l came to tell what !
know
"You know what would have been the
result under certain conditions?"
81 certainly do"
HAD the building started to fall be.
fore you began to run?"
mo: the cracking warned me of APP
preaching danger
J. A. Meyers, a carpenter and con.
tractor. gave testimony in reference tt
the central stairway of the building. He
said he was at work on the building. The
stairway had been removed and tempo
rary posts put up near the partition
Witness said he WAS %Standin on q bean
when the building came down. In view
of the fact that one of the walls fell OF
him and rendered him unconscious ht
did not know the direction whence The
wall came. Mr.. Whitney had directed
the work. Witness Gid not know how
long he remained unconscious, but it wa'
several weeks before he saw the fallel
structure again. He knew not, he said
how the building fell.
On croSS-eXaminatiOn questions con
corning the cause of the wreck were OBJ
jectcd to by counsel for the plaintiff.
w wish TO show" said Mr.. Cotter
"tInt this Witness. under his own sio,,o