The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-01
HAS FILED ITS ANSWER
Old Colony Trust Company Re-
plies to the Cross Bill.
THE M LARKIN CASE
Defendant Says 1t Is Ignorant OF the Men
tai or Physical Incapacity of Larkin.
Does Not Know Whether He Has
an Interest in the Property.

The Old Colony Trust company yes
terday filed in the United States circuit
court its answer to the cross bill of the
complainant in the case of James Lar
kin, an insane person, by Richard j.
Watson, guardian, VS.. the Butte & Bos-
ton Consolidated Mining company, John
F. Forbis and the Old Colony Trust COM
pany. The company admits that the
Butte d Boston Consolidated Mining
company is a corporation, but is ignor-
ant whether James Larkin, during 1898.
was or was not Incapable by reason Of
physical n mental weakness or N
weakness from attending to or conduct
ing The ordinary affairs of life, and
whether during all or any part of said
year of 1893 he was laboring under men,
tai arrangement or was insane or mem
tally incompetent to manage his prop
erty or to deal with il, or TO enter into
any contract or agreement with refer
ence to his property or otherwise, or was
wholly or at all unable to comprehend
the nature or consequences of any act
or contract with reference thereto, or to
exercise his will regarding the same;
or was without judgment regarding the
affairs of life or property, or was with
out mental capacity to make any con-
tract with reference to his property or
to sell or dispose of the same; and asks
that the complainant in the cross bill
prove the same, if material.
1t is ignorant whether the said James
Larkin at any time after the 4th day
of May. 1898, was the owner of or en-
titled to the possession of an undivided
one-half interest or any interest in the
SnOhOmish lode claim or the Tramway
lode claim, and whether the said James
Larkin has any interest whatever i'm the
said property, and asks that the COM
plainant in the cross bill prove the same,
if material. 1t is ignorant whether on
May 4, 1898, while James Larkin was
insane. 1.-The Butte & Boston Mining COM
pany caused him to deliver a deed to
said property. 1t admits that a deed of
the TopeTty was procured from James
Larkin at that time and alleges that
Larkin was at the time of sound mind
and memory and fully capable of exc
cutting the said deed and of ~transacting
any other business relative to his prop
erty. Ii is ignorant whether the Butte
d Boston Mining company contrived TO
deprive Larkin unjustly of his prop
erty or obtained it by means of undue
influence or persuasion IN the part of
its officers n agents, or by represent
ing to him that il was for his weak
deranged mental condition or want of
will and understanding that he was in
duCed to sign the deed. 1t is ignorant
whether the Butte a Boston company
paid Larkin a very inadequate compen-
sation for the property, but alleges that
it was made for a fair n adequate
consideration, being about 1000. 1t
denies that Larkin has any title to the
property and that the deed should be
Cancelled. The defendant prays that its
be declared and decreed to
be a lien upon the interest in said Sno-
and Tramway lode claims. and
that upon the partition and sale of said
premises the right. lien and claim of
this defendant. under said mortgage
hereinbefore set forth, may be preserved
and protected.
The answer is signed by the Old Colo
Trust company, by T. Jefferson Cool
idge. jr., president, and l.. O. Evans,