The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-07-24
RILED The COURT UP
4 Helena Attorney Who has 4 Biz Con.
tract on Hand.
ASsAlLED THE TWO JUDGES
The Settlement OF the Ming Estate
Has Resulted In tho Making
OF Some Serious Charges
by Several People.

srecial Dispatch to ths standard
HELENA. July 23-Judges Buck and
Hunt have been attacked in an affidavit,
filed by Catherine l.. Ming and her sons
John and James l.. concerning the settle
ment Of tho Ming estate, which includes
the opera house and other valuable prop
erty here. Tho affidavit particularly
charges Judge Buck with bias and prcju-
dice In favor Of the First National bank
Of Helena, which holds q mortgage on
tho estate for $4,000. and It recitcs that
tho will of John II. Ming, deceased, pro-
vided that his estate should not bo
closed or divided to tho legatccs until
James L. Ming, the younger son, should
have reached tho age Of o5. This makes
the time for settlement Sept. II. 1876.
Tho affidavit also states that Sc
rlous and important questions have
arisen In regard to the estate whereby the
interests OF tho afIlants may bc jcopar-
died and great loss onsue; that the policy
outlined by Judge Buck, aud his threats,
IL carried out, are such as would disqual-
ify him ON account Of bias in favor of tho
First National bank.
A report OF the estate was filed In Janu-
ary, 1894, and tho affidavit charges that
Judge Buck said In opcn court that he did
not believe the report contained just
and true statement Of tho estate, and that
no believed the estate had been misman-
aged.
II also charged that previous 10 their GO
ing on the bench ms judges Buck and Hunt
had acted as individual attorneys for
Mrs. Ming and had been paid thousands
of dollars by her and had given her wrong
advice.
Judge Buck IL also charged with nt.
tempting In several interviews to compel
violation Of tho conditions Of the will
and that ho recommend that I. II. Klein.
schmidt, cashier of tho First National
bank, DO appointed guardian, and that
Judges Buck and Hunt have stated they
expect to bo called a. witnesses to testify
In favor Of the bank.
A motion for change Of venue was
made this morning upon tho grounds set
forth. Tho Mings, and ]. w. kinsley,
their attorney, were not in court.
Judge Buck, In passing upon tho motion
said: "Catherine l.. Ming and her two
sons, John II. and James L. Ming, in
support of the motion for q
change Of vcnuo have made an affidavit
which recitcs that tho judges of this court
arc disqualified from retaining jurisdic.
tion Of this estate by reason Of bias aud
prejudice against the solo heirs of John
H. Ming, deceased. To my own personal
knowledge tho statements contained In
this affidavit are false.
"For several years Catherine L. Ming.
the sole cxccutrix OF this estate, failed to
fllo tho report required Of her by Law.
When notified by mo again and again that
she must make report, she would urge
that she was about to do so, but on &C.
count OF the magnitud, Of tho task she
must bc allowed little moro
time. About year ago her
youngest son, James L. Ming. camo
to see me, and stated that tho affairs Of
the estate wcre In bad condition, and that
he could not obtain from his mother any
definite information ~ TO the same.
Through him I first definitely learned
that his mother as executrix had executed
O mortgage to the First National bank Of
Helena for some s90,OJO. lie, tho son.
agreed with mo that II would be we'll
either to take tho estate from his mothers
hands or else to have some ono associated
with her In its management. He also
asked mo whether he could maintain an
action to set aside the mortgage which he
said he had signed. He explained tho
circumstances under which he had
signed It. and I told him
did not think he could maintain such an
notion, but that he better consult an at.
torney.
IL then tried to obtain o report from
Mrs. Ming. Finally caused citation to
issue requiring her to show cause why she
had not filed the reports required Of her.
This she disrcgartled, and then imposed
fine upon her.
''Her son, John H.. then came to see me
several times in his mothers behalf. lie
was In great perplexity about the matter.
| He admitted that his mother had been
wasting the estate, md asked mo several
| times whether shc was likely to be prose.
cutcd criminally for what shc had done.
| I replied that ns he and his brother
James wcre tho only persons injured
tho, the question Of criminal prosecu'
| tion Of their mother would depend upon
them. He then promised on behalf Of his
mother that report of the condition oi
the estate would be filed Immediately.
and lie obtained from me promise tina,
| IL this was done / would remit tue fine
which had imposed. He also asked me
whether he could set aside tho mortgage
executed by himself. his brother and Mrs
Ming. to which replied substantially as
| had to his brother James.
"Two attorneys Of Mrs. Ming Informed
mo that they could not obtain sufficient
data from her upon which to base q report
Finally third attorney. one ]. W. Kins
ley, filed report for Mrs
| Ming with an approval ol
it from her sons. Meanwhile had ascer'
tanned that the said Kinsley, in behalf Of
the two sons, was about to bring an ac.
iion against Mrs. Ming and the First Ma.
tional bank of Helena 10 set aside the
mortgage for $1,000 on the ground oi
fraud alleged to have been prrpctra,ed
by Mrs. Ming and said bank on John Ii
and James l.. Ming. This action wa,
commenced soon after the report was
| fled.
"rhc report fled by said hiuslcy con
taincd no reference whatever to the mort
gage made by AIrs. Ming tn the bank
| The SAID X luslcy had several interview
with mo In reference 10 this report. II,
admitted that Mrs. Ming WAS shor
in her accounts, and that he, IA maxim.