The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-23
In the Case of Backman and
Janson VS.. II. H. Horst.
DENIES THE ALLEGATIONS
Asserts That the Francisco Lode Has
Always Been the Property OF
the Defendant-The Cal
lahan Case.


& Co. and H. r. Bartlett, one of the
numerous matters of litigation growing
out of Mrs Callahan's suit for divorce,
the clerk of the court was asked for an
order yesterday directing that an alias
amended summons issue for the Nation
al Bank of the Republic and that serv-
ice be had by publication. The motion
was based on an affidavit by Mrs Cal
lahan, in which she sets up that Colonel
Callahan gave the bank a pretended
note for $500, and then confessed
Judgment for s1,50S, the judgment hav-
ing been entered by the clerk of the
court; that the note and judgment are
only pretended; that the note was given
for the purpose only of depriving and
defrauding the plaintiff of her just
rights; that the bank colluded with
Colonel Callahan to that end; that this
action was brought to have the judg-
ment or pretended judgment decraad
void, and that the bank has no repre-
sentative in Montana on whom per-
sonal service can be had, for which rea-
son permission to have service on the
bank by publication was asked
County Attorney Connolly filed an in
formation in the district court yester-
day against Katie Bush, charging her
with the crime of assault by corrosive
and caustic chemicals. The defendant
| is the woman who had Mrs. Josephine
Hogarth arrested on a charge of rob-
| bling her, and who, when the state fail
! ed to make a case at the hearing be-
| fore Justice Nichols on Aug II threw
vitrol on Mrs. Hogarth.
In the matter of the estate of Frank
| E. Parker, the soldier who came back
| from the war in the Philippines only to
| lose his life in a mine, proofs of heir
| ship were filed with the clerk of the
| court yesterday by Louise H. Parker
| who has petitioned the court for letters
| Of administration. The proof is in the
| form of an affidavit by Louise H. Par
ker showing she is the widow of Frank
| H. Parker, who died in Butte June g.
| this year; that the only heirs are the af-
| fiant and two minor children, Myrza c.
| Parker and Gladys Parker, and that the
affiant was duly appointed guardian of
| the two children by the probate court
| of Clay county, Minnesota on Aug. 23
| last
| John O'Neil. who has been in the
county Jail since the latter part of Aug
ust being held for trial for grand lar
ceny, was admitted to bail yesterday
by Judge Clancy in the sum of $500.
| ONeil was bound over to the district
| court on a charge of having entered
the room of M. j. Harrington in Riley's
| boarding house at Centerville on the
night of July 10th and stealing a watch.
To-day having been set for hearing
exparte motions, Judge Clancy will call
the following calendar
l.. S, Hatch VS.. the Mutual Life In
surance company demurrer.
Estate Stanislas E. Hrbour, petition
! for order to perform representation
work.
Guardianship of Thomas heirs, petit
| ton for letters.
| Ben Falk VS. W. j. Ditto, motion to
dismiss defendants appeal.
| Thomas Boland VS.. Sarah A. Boland
! order to show cause.
Montana Ore Purchasing company ct
| al VS.. Boston & Montana company,
| defendants petition for order to do de-
| velopment work
Charles w Cannon ct al vs. l.. S.
| Hatch ct al, demurrer.
| State VS.. Fred Boyson, demurrer to in
| formation.
| Estate Mary Brunette, petition to sell
| personal property.
Montana Ore Purchasing company We.
| the Boston & Montana company, set
Element of bill of exceptions.
! Estate of Palmira Proulx, petition for
| letters.
| Estate of Frank ProulX, petition for
! letters.
| State vs.. John ONeil plea.
Anna Anderson VS.. Charles +. Ander-
| son, order to show cause.
! Estate Rf William C. FLYNN, distribu-
! ton and final account
Nettie Cobb vs. w. A. Cobb divorce
| Fred Lohse VS.. Peter Stury, motion
to set aside judgment
| Annie Erfurt vs.. Victor Erfurt plain
| tiff's proofs.
Estate of o. ]. Mccain, petition for
| sale of real and personal property
Estate of Mat Hahtaman, petition
for letters.
James larry VS.. C. S. Jackman, ad-
ministrator demurrer.
Estate of Walter A. S. Clark, petition
for letters.
| Timothy Murrey vs. Kleinschmidt
| Bros, demurrer ar-t
State vs.. Edward Mahoney, settle
| ment of bill of exceptions
Estate of Catherine Sullivan, petition
| for letters.
Libby Newberry vs. Nystrum & Ed
gren, motion to dissolve order of ar
rest.
Eugene Carroll VS.. Mary Ann Ward.
order to show cause.
| Ethel M Kennedy VS.. John F. Ken
! nedy, demurrer.
Estate of A. w. Christianson, petition
| for letters.
Estate of P. A. Largely, order to show
| cause
State VS.. Charles Q. Johnson ct al,
| demurrer.
| Mary A. Springer VS.. w. A. Springer,
| plaintiffs proofs.
F. Augustus Heinze VS.. Anaconda
| Copper Mining company, petition for
| order of survey
Edward Hickey ct al. VS.. the Parrot
| Silver x Copper company, petition for
! order of survey.
The answer of the defendants in the
case of Mat Backman and Warner jan
son against Herman H. Horst, inVolV-
ing the ownership of the Francisco lode
claim, was filed with the clerk of the
court yesterday. The defendant denies
generally and specifically all the allie
cations of the complaint and alleges
the true facts to be that Francisco lode
claim is and has at all time since the To-
cation on Aug. II, 1892, been the property
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