The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-22
IN THE DISTRICT COURT
Colonel Callahan Ordered to
Make His Report.
FOR PERSONAL INJURIES
A Suit for $3.50 Brought by Mrs.
Annie Leonard Against William
NEUTRALITY-SUSPICIOUS. Heard in
the Toomey Case.

Upon the application Of Charles
| O'Donnell, attorney for Catherine
| O'Brien, George Hale and Alfred Hale,
| the minors for whom Colonel Emmett
| Callahan was appointed guardian
| about two years ago, Judge Lindsay
| yesterday issued citation to the
! guardian to file his accounts in court by
| next Saturday. Colonel Callahan was
| appointed guardian of the O'Brien girl
on February Z, 1898, and of the Hale
| boys in August, 1897. It was repre-
| scented to the court yesterday that the
| guardian had filed no inventory of
| either estate since his appointment and
| no accounts of his guardianship. Since
| his marital troubles the movements OF
| Colonel Callahan have not been known
| in Butte and his present whereabouts
are not generally known. In a recent
| letter to friend in Butte, however,
| he stated that the money of his wards
| was safe.
A suit for $3.50 damages on account
| of personal injuries was commenced
| yesterday in Judge Lindsay's depart
ment of the district court by Mrs. An
ME Leonard against William Harkins,
contractor. The complaint relates
was engaged in digging and excavating
| cut and constructing a roadway at
| point just south of and near the Par
rot shaft house, between Granite street
| and the Anaconda road. AT that time
the plaintiff was lawfully engaged
| about her household duties and Who'll
ly unaware of danger was about to
| enter the rear door of her residence at
| 341 East Granite street, which was sew
eral hundred feet distant from the place
| where the defendant and his employees
We're working, when, from and through
the carelessness and negligence of the
defendant, and his unskillful and i'm
| proper conduct and management of
the work on which he was engaged,
! and without ordinary care, but With
out fault on the part of the plaintiff,
the defendant caused a blast or charge
of powder to be exploded and thereby
causing large rock, or boulder weigh
ing several hundred pounds, to be
thrown and hurled from the place of
| excavation into the plaintiffs yard,
where she was standing, striking her
violently on the foot, ankle and leg,
breaking, fracturing and bruising them
| seriously. 1t is alleged that in conse-
| quence of the injuries she has suffered
great pain and was for a long time
confined to her bed, and is still lame
and sick The plaintiff has expended
| 5000 for medical and surgical attend
ance in an effort to cure the injury,
and $3.50 more for nursing. She alleges
that she has become permanently Grip
| pied and lame and has suffered dam
| ages for that, reason in the sum of
$4,000, for which amount in addition to
THE money paid outTfor Nursing and
medical attendance. judgment is asked
The plaintiff is the mother of Robert
| E. Leonard, deputy district court
| clerk
In the matter of the estate of Katie
| Toomey, in which the husband. D. L.
Toomey, applied for letters of admins
tration alleging in his petition that
| the deceased left no will, and in which
other relatives afterwards filed objec-
tions, alleging that Toomey has sup
| pressed a will and that he was an in
competent person, lacking in integri-
ty, Judge Lindsay yesterday heard
some testimony and then appointed
Toomey special administrator of the
estate. The petition for letters and OBJ
| jections were continued for hearing I'M
| til the contestants can file a petition
/ for the probate of the will which they
claim is in existence somewhere.
The Meaderville Mining & Milling
/ Company yesterday filed an answer to
the petition of the Boston & Montana
Company for an order of survey of
| the Ella lode claim and underground
workings. The defendant says it is
not necessary for the plaintiffs to eX-
| anime the Ella workings in order to
| determine whether the defendant is
trespassing on any vein belonging to
| the Leonard lode claim. 1t is alleged
that the defendant has offered to per-
init the plaintiffs to examine all the
| workings lying near the Leonard, and
says the plaintiffs should not be allow
ed to examine any others.
w w 2
the suits brought by w. Nee. White,
the ice man, for damages on account of
a failure to keep an agreement to
lease his ice pond and plant to the
| trust for period of one year. filed an
answer in court yesterday. He says
the agreement provided only for y
lease of six months, upon the payment
of $4,000. and that he has always been
Wiling to live up to the terms of the
agreement, but that the plaintiff has
not, and for that reason he wants
judgment for $4,000 damages.
Judge Lindsay yesterday heard the
plaintiffs proofs in the divorce case of
Elizabeth r. Maurer against Peter
Maurer and granted the plaintiff a de-
cree. She testified that she was mar
| ried to the defendant at Center Point
Indiana, June s, 1882, and that he de-
serted her in Butte August "a, 1896
taking a 10-year-old child, a girl. with
him and leaving her with five other
children to support. She said she had
not heard from her husband or little
girl since November, 1896.
Judge Lindsay yesterday made an
| order that the sheriff apply the money
in his possession, taken from the de-
| PENDANT in the divorce case of Bridget
Magill against William Magill when
he was arrested recently, on the judg-
ment for alimony and counsel fees ON
which an execution had been issued.
The injunction and damage suit of
| Charles w. Cannon and others against
L. s.. Hatch and others. by which the
| construction of the Silver Bow Jockey
clubs track was stopped, has been set
| tied and judgment for a permanent
| injunction without damages or costs
was entered yesterday by agreement.
In the contest over the will of the
| late Thomas Stees an answer was filed
i