The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-22
SUBMIT IT ON BRIEFS
The -COngdOn Evidence Has
All Been introduced.
TWO DISPOSITIONS READ
Property Held by the Administra-
tor Must Not Be Purchased
by Him-Jhe Defend
ant Testlfies.
TWO DISPOSITIONS READ

Further evidence was taken peIore
Judge Mediation yesterday in connec-
tion with the charges OF Mrs. Tnomp-
son against L. L. Congdon, administra-
tor of the estate of Lewis Thompson,
deceased. to the effect that he had not
accounted for all the property OF the
estate had purchased a lot OF STOCK
indirectly while he was administrators
and that he was interested WITH +.
p. Conroy and Clark & Talbot IN some
wood contracts in which he used horses
and other property of the estate with
out paying anything for their use.
deposition of George w. Scobee or MIS-
souri, was read. He formerly hved IN
jefferson county and was Interested IN
the Conroy contract. He said Congdon
told him he wanted Conroy to have the
contract as he was indebted to Cong
don and the latter hoped to get even
with him. Congdon told Scobee that IL
Conroy did not have horses enough he
would provide some from the Thompson
estate. The contract was secured from
Clark q Talbot, in which firm Cong
don was alleged to have been interest
ed.
A deposition of w. r. Logan of Elk
horn was read to the effect that he
figured on a wood contract with Cong
don and Conroy and from the CONVEX
sations he gathered that the two We're
partners, but when IL came to draw
ing up a contract Congdon said he
was not a partner but was backing
Conroy. He said he was interested in
Conroy to the extent of a $500 mort
gage. Later Congdon told Logan that
the outfit employed on the contract be-
longed to the Thompson estate and
that he would have to account for II.
Logan had some trouble in settling for
wages with Conroy. The latter couldn't
pay and Congdon wouldn't.
F. p. Conroy testified Congdon COM
PEELED him to assign an account against
Scobee and Congdon and then sent a
man out to take charge of the contract.
After the completion of the contract
the account was transferred to Conroy
again and he sued Scobee and got
Judgment and then the judgment was
assigned to Clark & Talbot.
did you ever sell or give Mr.. Cong
don an interest in the Scobee con-
tract?" asked Mr. Booth on cross-ex-
animation.
II never gave Il to him. He took IL"
Conroy said Congdon had no interest
in the Logan contract The Thomp-
son estate outfit was used on that con-
tract. Clark of the firm of Clark &
Talbot. had told Conroy that he was
in partnership with Congdon. -'
Col. c. F. Lloyd was called as a wit
ness for Mr. Congdon to testify about
the value of some horses offered for
sale by the administrator and which
were purchased by the administrator
through other parties.
Mr.. Forbis objected to the testimony
on the ground that the price MADE no
difference 1t had been shown, he said,
and admitted by Mr.. Congdon, that he
purchased the horses and that the law
plainly provided that aSo administrator
| should not be interested directly or in
| directly IN the purchase of any prop
| erty of an estate.
1T is very evident" said the court,
| that tho administrator is prohibited
| from purchasing any property sold by
| him. and that such a sale would be alb
| solutely void. 1t opens the door to the
perpretation of fraud against the es-
| tate, and il cannot be permitted and
| will not be permitted. If it is shown
| that he purchased property directly or
| indirectly the court will hold him re-
| sponsible. The price of the horses is
| therefore entirely immaterial"
p 6. Hughes testified about purchas-
| ing some horses from Mrs. Thompson
| before Mr.. Congdon was appointed ad-
| ministrator and saw a team of horses
| which Mrs. Thompson said was worth
| $500. Hughes thought the team was
| worn out and worthless. He also said
| that even at that time Mr.. Congdon
had a sort of supervision over the es-
tate and negotiated with him in the
purchase OF some horses.
W. A. Clark of South Butte denied
| that he ever was in partnership with
| Congdon and denied that he told Con-
| roy that ne was. Mr.. Congdon obtained
a 50. 600 mort gage from Conroy to pro-
tect the firm of Clark & Talbot but
| Clark was not aware that Congdon
| claimed the mortgage also covered q
$500 Indebtedness to the Thompson es-
tate.
Mr.. Conedon testified that he had
had no interest with Conroy in thC
Scobee contract and denied that hi
ever took charge of IL, but he sent a
man out for Conroy to act as foreman
because Conroy could not do the worl
right He never told anyone that HI
was a partner of Conroy and nevel
told anyone that he would furnish
horses from the Thompson estate. Ii
regard to Mrs. Thompson's testimon,
that she signed a receipt for 800 with
out getting any money on 1t he saiC
he paid her 500 when she signed tn
receipts and that his books showed Ii
She never made any charges agains
him of any nature and she never hear,
of any until they were made in court
She always claimed that he should pa.
her the S75 a month family allow
ance whether or not there was an,
money in the estate. He brought he
|
and informed the judge as TO he
claims and the latter informed he
that she could not collect an allow
ance IL there was no money in tn
estate. Mr.. Congdon said that all tn
property he sold was now in his pos
session on a ranch in Jefferson county
Some horses he was charged with a
! not having accounted for ne did no
, know existed until Mrs. Thompso
/, mentioned them in her testimony
, They had never been turned over Z
him.
, Attorney Robert Mcbride, who DIRE
: up Mr. Congdon's report on the estat
testified that the report Of stock {
, hand was made up from the final n
port Of Mrs. Thompson.
After the evidence had all been intr
duccd the attorneys announced TIL
they would submit the case on brief
| to BE- filed during the week