The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-21
She OBJECTS TO IT
Mrs. Thompson Charges 3. 3. Cong
don With Mismanagement.
THE CASE NOT CONCLUDED
kenyon and Connell Deny Certain
Important Allegations In the Elk
pIosion Complaints-Milano
Moves for a New Trial.
THE CASE NOT CONCLUDED

The charges of mismanagementof the
estate of Lewis Thompson. deceased,
made against E. Z. Congdon by Mrs.
Thompson, had a hearing before Judge
Mediation yesterday, the matter COM
ing UP on objections to the final ac-
count of the administrator. Mrs.
THOMPSON charged that Mr.. Congdon
had not accounted for a number Of
horses and other property belonging to
the estate and that he had sold some OF
the horses and bid them in, Indirectly
for himself; that he used the property
of the estate for his own benefit and
made no accounting of 1t and for which
Mrs. Thompson demanded $500 as the
value Of the use of the property. She
also charged that Mr.. Congdon withheld
from her $500 due her as family al
lowance out of the estate. Mr.. Cong
don was appointed administrators or
the estate on Dec. 16, 1893, and the to-
tai receipts from the estate have been
between s13, 900 and s14. ZOO. w. E. Con-
roy purchased some of the horses ana
other property belonging to the estate
and Mrs. Thompson charged that Mr..
Congdon had been a partner with Con-
roy and that they used the property
together.
Mr.. Congdon testified in support of
his final report and said that when
he sold the horses of the estate he was
compelled to make personal agree
ment with the purchasers to take the
stock off their hands in order to get
any reasonable bids and that was how
he got possession of some of the horses.
In regard to the 81, 500 due Mrs.
Thompson on allowance he had an on
set on the use of some property be-
longing to the estate and which she
did not turn over.
Mrs Thompson, widow of the de-
ceased, and former Administrative of
the estate, testified that she had made
arrangements to go to Mexico and on
the advice of her attorney she agreed
to turn the estate over to Mr.. Cong
don, who, the attorney said, would
handle II carefully, and she was re-
leased and Mr.. Congdon appointed
She turned $2,342.15 in cash over to
him. One day afterwards, just as she
was about to start on her journey, she
met Mr.. Congdon on the street and he
asked her how much money she had in
the bank. She had $203.70 and he drew
up a check for the amount and asked
her to sign it as Administrative of the
estate. She did not read the check and
did not know that II had been made
payable to Mr.. Congdon personally I'M
til after the check had been paid. The
money, she said, was her own and did
not belong to the estate. She demanded
the return of ii and he paid her, at
different times, $103 and she gave him
receipt for s103.70, but she never did
get the remaining 500, though subse-
quently she was induced to sign a re-
ceipt for 500 to reimburse him, as he
said, for his trouble in taking care of
the estate. At the same time she
signed a receipt for $125 on a repre-
sentation that the court had allowed
that amount to a man named Davis
who was going to California and was
to look up some matters for the estate
on the way. The court allowed her $75
a month as family allowance, but she
received from Mr. Congdon in all only
s131 80. Mrs. Thompson said she never
had any dealings with Mr.. Conroy and
refused to sell him any of the stock be-
cause of his lack of financial RESPONSE
bility. Conroy got two of the best
teams of the estate and Mr.. Congdon
offered Mr.. Thompson Conroy's note
| for $500, but she refused IL even after
Congdon offered to endorse II. The
note was left at her house, but some
| time afterwards Congdon called for il
and tore II up. On one occasion Con-
roy and Congdon called at her place
| and took a wagon load of stuff from
| the barn against her protest. On cross
| examination by Mr. Booth the witness
personal property over to Mr.. Congdon
| but all that was left of IT, belonging
| to the estate, was a pair of scales. Mr.
| Booth enumerated lot of personal
| property and Mrs. Thompson said she
| did not know that Mr.. Congdon had
ever received II. including some horses
| and other articles which she alleged
| he had failed to account for. So fan
as she knew the horses might still be
| where she left them several years ago
, but she said she presumed that Cong
| don had them because II had been his
| duty to look after them. She also said
that some of the horses she credited him
with might be dead but she had nc
knowledge of 1t.
J John Gilbert testified about havinl
| purchased a team of horses from Nj
! Congdon and belonging to the Thomp
son estate. Mr.. Conroy also testifie'
about a certain wood contract tina
had been made in his name. but 4
| which he did not seem to have nue.
| interest, and about some horses pur
chased from Congdon.
Miss Lindusky testified that she wa
present when Mrs. Thompson proteste
| against Congdon and Conroy removin
lot of personal property. The hear
ing was not concluded. and will be re
sumed this morning.