The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-31
PETER PUaoeD BY THE COURT.
Mr. sanger Did All He Could as Mrs.
Boone's Assignee.

Boone's Assignee.
BUTTE, Jan. 30.-Peter Sanger, assignee
for Mrs. Emily c. Boone, had a hearing
before Judge Mediation to-day on the
contempt proceeding brought against him
yesterday and was discharged by the
court. He denied that he had $685. 80 be-
longing to the creditors and he claimed
that he used the money to support his
family during the time he acted as as
signee, a little over a month, and in pay
ment of legal services and kilograms
prior to the order of the court appointing
receiver. The latter, Meyer Gems
berger. and his attorney, maintained that
the entries of expenses we're made after
the court had issued it's order and ella med
that the books showed nothing about 1t
on Saturday. Sanger said he made the
entries on Sunday. lie was asked to give
an itemzed account of his expenditures
to show where the money had gone, but
he could NOT do IL and the court gave him
until O'Clock to procure the figures.
Al O'Clock Sanger took the witness
stand again and testified as to where all
the money went TO, which he claimed was
paid out as household and oil her expenses.
The items enumerated included money
paid to his sster-in-law and wife, railroad
fares. opera tickets, board, insurance,
photo -raphs, clothing, saloon bills, laun-
dry. drayage and incIdentals. Sanger is
"a barber by trade and said that his shop
paid him a profit of $50 day before he
took the job of assignee and alter that
he had TO neglect his own business so that
1t did not pay expenses. he accounted
for $3.50 and denied that he had any money
iii his possession now.
Mr.. Mcbride asked the court for an
order compelling the defendant to pay
over the balance of the money shown TO
be IN his possession.
Judge Naughten replied that the de-
PENDANT was up to show why he should
not be punished for contempt and he had
shown that he carried out his trust in good
faith and mad accounted for the money
alleged to have been withheld by hun and
was therefore not guilty of contempt
and should be discharged. The question
of accounting for the balance IN his
hands, he said, belonged to the original
act on.
Mr.. Mcbride thought it did not show
good faith to appropriate one-tourth of
the whole proceeds and apply it to his
own use. If the money was appropriated
before the order of the court appointing
n receiver was male, of course, IT was not
contempt, but some of II was appropriated
on the 18th, the day after the order was
made.
The court said that he had only Sanger's
testimony to go by as to the money spent,
and If he did spend it.. or the evidence
failed to show that he did not. the court
could not enforce collection by an order
of contempt, and under the evidence the
only thing that could be done was to dis
charge the defendant without determine
ing whether or not he had admin stored
his trust in good faith or honorably That
must be determined by other proceedings.
If he had the money in his possession,
and claimed 1t as salary. the court, if it
considered it eXorbi ant, could order him
TO pay il over, but having no money he
could not be held for contempt.