The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-23
SHE CHARGES NEGLECT
Mrs. O'Dounell Asks for Admin
istrator Cannon's Removal.
0ISALLOWED THE CLAIMS
An Alternative Writ Of Mandate Issued
to Sheriff Regain by Judge Lindsay
Upon . Petition From Frank
Boucher.

Mrs. Lottie O'Donnell. wife of the no.
torious Ed O'DonnelI. who claims to
have succeeded to her husbands in
terest in the John O'Donneii estate,
filed a petition in the district court
yesterday for the removal of HAYES
Cannon as administrator OF the estate.
She charges him with neglect and with
wasting the estate. In her petition she
relates that she succeeded to all the
rights OF her husband to the estate by
assignment I'm February, 1896. The
estate In Butte was appraised at As
Sss. with 5000 worth Of furniture and
a $500 note n mortgage. There are
10 houses on the property. and the to-
tai entail value is sl75 a month. but
the administrator. II Is alleged, has
been neglectful and careless in his rem
tails ana collections, and a great deal
OF them have been lost to the estate.
1t Is also alleged that he allowed the
personal property te De misused and
destroyed.
In his first account the administra-
tor. in October. 1895. presented claims
for 1891 Is. which he had MIA wfuliy
paid to persons who were not entitled
to them. and the court disallowed the
claims. In q later report he recharged
the same claims again as disburse-
ments. and the amounts were again
disallowed as illegal. In a supplemental
account filed by him sast March on an
order OF the court striking out the
items the same claims were set out
again in contempt Of the order of the
court.
In addition to the property In Butte
the estate had a farm in Missouri val
ued at $4,000. upon which there was a
mortgage Of 1900. BY the terms Of
the will OF John O'Donnell, deceased,
the administrator was directed to pay
of the mortgage. but he failed to car
ry out the provisions of the will. and
the mortgage has been foreclosed and
the property sold at a great sacrifice
and become wholly lost to the estate
through wilful neglect of the ad,ninis-
traitor. Mrs. o'Donnell says the ad-
ministrator should nave enough money
on hand to pay of all the legacies. In
view of all the matters complained of.
she asks that the letters of admins
tration Of Mr.. Cannon be revoked.
Judge Lindsay yesterday issued an
alternative writ Of mandate on Sheriff
Regain to issue a deed for some prop
erty on the Plymouth and Silver Joe
lode claims to Frank Boucher, or ap-
pear In cour on the "a of July and
show cause why ne does not issue the
deed. The writ was issued on petition
of Mr.. Boucher, who related the facts.
In December. 1891, Samuel Ayotte was
the owner Of the property. and gave a
note and mortgage for 81. $50 to william
Gregor, now deceased. In February.
1897, Ayotte sold the property to
Boucher, subject to the mortgage,
which was subsequently foreclosed and
the property sold. but was redeemed by
Boucher. Joseph Barslau also
lIatvaAl Avna s.tA-.. -
and a suit involving his claim Is pend
ing In court. When Boucher applied
for a sheriff's deed. after the expiration
of the required time. the sheriff re-
fused to execute 1t, on the ground that
under the certificate of sale issued on
the judgment to the original purchaser
1t was specified that there should be
year for redemption, but Boucher
alleges that under the law In force
when the mortgage was given the
judgment debtor or redemption was
obliged to redeem in six months from
the original sale.
IT. Judge Clancy's department OF the
district court yesterday J. p. Wenrich
was arraigned on the charge OF crimi-
nal libel and took until Saturday to
plead.
In the case against Robert Works.
the defendant. who Is serving time In
Aic Pthitthtiuiy Aoh NV ~ VI
Edward DAILY, was given 20 days more
to prepare and serve a statement on
motion for q new trial.
G. I. Cole. charged with assault In
the second degree. and Bert Porter.
with burglary, pleaded not
guilty. Coles case was set for trial
July %.
The time foi the arraignment of
Clara Bell and Charles Bankson was
until Saturday.
Mary Anderson pleaded not guilty to
the charge Of grand larceny, and her
trial was set for July 20.
The order to show cause in the in
and receivership case of For
ester and MacGinniss against the b. x
NJ. company had been set for hearing
in Judge Clsncy's court yesterday
but John J. Mediation, one of
the attorneys for the plaintiff. said
they were not ready 20 proceed. as he
his associate attorneys were other
wise engaged. Governor Smith IL n
of the attorneys n did not show up.
THE governor Is probably In Helena,
governing the state, which IL q very
laudable occupation" said Judge De-
witt. but he would not see Why there
were not enough other attorneys In the
case to 20 on with the hearing. The
court, however. continued the matter
until this morning.