Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-01-09
Corouers Jury Ia Case Of Olsen
And Divel Unable TO Deter.
mine Which il Was,
TESTIMONY WAS CONFLICTING.
Helnze's Superintendent Admitted Hav.
ING Ordered the DynamitIng Of
The Rarus Slopes.

Butte, Mont, Jan. s.-The INQUEST
over the bodies Of Samuel Olsen and
Fred Divel, who were killed by an ex-
plosion Jan. ! In what is termed the
legal raise" OF the Pennsylvania mine,
owned by the Amalgamated Copper
company, as the result OF an alleged
underground dynamite clash between
the Amalgamated miners and those
employed by f. Augustus Henze, was
concluded this evening after the coro-
ner's jury had listened to six sessions,
at each OF which voluminous testimony
was introduced.
The feature Of todays session was
the testimony Of John Byrne, state
mining inspector, who on the witness
STAND stated that he believed that OIL
sen and DiYel were killed by blast
when they had set themselves, and
mat the miners OF the Rarus property,
owned by Heinze, were not instrument
al IN causing the death OF the two
Amalgamated miners.
j, J. Barry, deputy state mine inspec-
tor, liatly contradicted the belief ex-
pressed By Byrne. declaring II would
nave been impossible for the blast TO
have been placed from the 6Oo.foot lev
el Of the Pennsylvania, and whoever
did cause the explosion must have ac-
cess from the S00-foot level OF the
Heinze mine, While making an invest.
igation Barry swore today that he dis
GONnfRn 10
three sticks of dynamite attached 10
SIX ihches OF fuse, cut and ready 10 be
thrown Barry said the foreman OF the
miners refused to explain the peculiar
situation In which he found the men.
Albert Frank, Heinze's superintend-
eht gave sensational testimony today,
acknowledging having ordered the dy.
ramiting OF the Rarus Slopes for the
sole purpose OF keeping out the Anal.
gamated men. Frank claimed he did
not know that the United States court
had Issued an order permitting an in.
speot lon 10 be made BY the Amalga-
mated, Superintendent Frank also ad =
mitted that his men left unshot holes,
but he did not know how many
The session today was decidedly
heated, Attorney Evans for the Anal
gamated openly accusing County At
torney Breen with working In the in
terests of Heinze.
The jury at about midnight brought
IN the following verdict:
That the said Samuel Olsen and
Frederick Divel came to their death
on the 600-foot level OF the Pennsyl-
vania mine about u feet from the
bottom Of what Is known as the legal
raise, on the LIST day OF January, at
Butte, Silver Bow county, Mont.
I'VE the Jury, fnd
"First-That the explosion resulting
In the death OF Samuel Olsen and Fred =
erick Divel was produced IN what is
known as the legal upraise. extending
from the GO soot level Of the Pennsyl-
yania mine In an upward direction 10
a point at or near what Is known as
the S0-foot level Of the workings OF the
Rarus mine, and In and under the SUR
face OF the Michael Dewitt mining
claim.
"Second-That the said explosion
was caused by the placing and explod-
ing Of 4 large quantity Of giant powder
or other explosives at or near the top
Of the said legal upraise, and the said
act by whomst ever committed was
wanton and criminally careless and
without the proper precaution for the
safety OF human life and protection of
property
'Third--That the said level where this
explosion occurred Ia under the control
and being used and worked by what Is
termed the Johnstown Mining company,
and that some person or persons having
access 10 the said S00.foot level of the
Rarus mine and the Michael Dewitt
claim, We're the person or persons caus.
Ing this explosion which caused the
death Of Samuel Olsen ana Frederick
Dwell"