The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-08
He INTENDS TO RETURN
Colonel Callahan Has Not Left
for Good.
HE is READY TO ACCOUNT
His Amdavit in Opposition to His Re-
moval as Guardian-A Shot at His
Wife-A Suit Against the
Street Car Company.

The impression that Colonel Emmett
Callahan had left the state for good,
which had become general, would ap-
pear to be erroneous from the allega-
tions made in an affidavit filed with
the clerk of the court yesterday in OPP
position to his being removed as the
guardian of Catherine O'Brien and
George and Alfred Hale, and the APP
pointment of John S. McGroarty to
succeed him. The affidavit also sheds
some light on another question which
has been a good deal OF an enigma
for some time and that is the where
abouts of Colonel Callahan. 1t would
appear from the affidavit that he is not
for from the city of Washington, as
the affidavit was sworn tPEbefore John
r. Young, clerk of the supreme court
of the United States.
In effect the affidavit alleges that
Colonel Callahan has been absent from
Montana for 80 days for business and
personal reasons; that it has never
been his intention to leave the state
permanently, but that he intends to
return; that he has not by any act
or deed severed his citizenship and
changed his residence; that all his real
and personal property is in Montana;
that as an evidence that he has never
intended to change his citizenship he,
as late as Oct. 20, 1899, entered his
appearance as an attorney in the SUI
preme court of the United States, Civ
ing his name and address as follows:
Emmett Callahan, attorney. Butte
City, Mont that he accepted the
guardianship of Catherine OBrien and
the Hale heirs only after he had been
repeatedly requested by these minors
and their relatives to do so; that the
records in the estates will show that
the monors and their relatives made
written and oral requests that the
court appoint him guardian; that there
has never been a time when he would
not willingly have resigned his
trusteeship; that he has repeatedly
offered to resign, but that the heirs
and their relatives insisted he should
| not; that in the matter of the guard
ianship of Catherine O'Bren he, on
March |, 1899, in the presence of wit
nesses, offered to make an accounting
and offered to pay her all sums of
money held by him for her, but that
she refused the offer and again re-
quested him to continue as guardian;
that he stands ready to make an ac-
counting in both estates and pay to
the minors the whole amount due
them; that from the date of. his APP
pointment he has taken the most
painstaking care for the material and
intellectual welfare of the minors; that
their estates have been husbanded in
the most careful manner and that the
said estates remain intact and that
the personal property and moneys of
the estates has always been within the
jurisdiction of the court
As supporting his position Colonel
Callahan appends letter written him
| by Chancellor O'Donnell urging him
to continue in the guardianship of the
children. and continuing his affidavit,
says that he loaned $4,000 of the money
| of his wards to the Bee Hive company
of this city at the requests of the
awards and their relatives; that he ac-
cepted promissory notes for the pay
| ment of the money and that a suit Is
now pending involving the ownership
of these notes, and in conclusion, Col
onel Callahan takes a terse shot at his
wife, in which he says: 1.-THE plain
tiff in the foregoing described action
| Emma Callahan) never did have and
| has not now any interest or title in or
| to the said prcmissory notes or the
money represented by them for the
| good and valid reason that she never
| had any money to invest or loan in any
| amount whatsoever"
An incident which transpired on the
| Meaderville street car line some time
| ago, for his part in which certain
| conductor of the street car company
was discharged, has eliminated in a
suit for heavy damages being filed
| against the Street Railway company
by John Rochester, in which he asks
| for $4,000 of the company's money as
damages for an assault he alleges was
committed upon him by the conduc-
| tor.
The complaint in the suit alleges
| that on Oct 2, 1899, the plaintiff en-
tered car on the Meaderville line and
paid his fare from Meaderville to
Butte; that during the journey to the
| city the conductor, whose name was
not known to the plaintiff but who
wore the number SO made an as
sault on the plaintiff with a weapon of
some character, unknown to the plain
| TN. beating him about the head and
lnfiictlng several wounds; that the as
sault was committed without any prov
ocatlon' that the plaintiff was because
of it laid up for a week and that he
therefore suffered physical and mental
anguish and humiliation in the sum
| of $4,000. The plaintiff further alleges
the belief that the company knew the
| conductor was of a quarrelsome disno-
sition, yet retained him in its SER
vice.
In the suit of the Montana Ore P,,r-
| chasing company and the Johnstown
| Mining company against the Boston &
| Montana and the Butte & Boston COM
| panies the attorneys for the defendants
| yesterday filed in the office of the
clerk of the court notice that on
| Nov. 10 the defendants will move the
court to modify the injunction grant
| ed some time ago restraining the de-
| PENDANTS from doing work on the Ra-
rus and Jchnstown lodes.
| 1925 sale of trousers "a Cans &
| Klein SHAT were 81 80, SO, So 80 and 81.
| California Cafe Is the hest placa -