The Anaconda standard., 1899-08-10
HE DENIES COLLISION
Another Warm Affidavit in the
Callahan Divorce Case.
HIS EXCLUSIVE PROPERTY
The Colonel Says That His wife's God
Is Mammon-Au Insane and
Avaricious Desire for
Money.

yesterday in justice HarringtOn'S court
in the matter of the litigation between
Col. Emmett Callahan and his wife.
Monica Frey Callahan, who is suing
her husband for divorce A few davs
ago, counsel for Mrs Callahan filed a
motion to have a Judgment in favor of
George A. Lander set aside, claiming
it was obtained by fraud and collusion
between Colonel Callahan. his attorney.
Robert Coombe, and Mr. Lander. Yes
terday Mr.. Coombe filed Colonel Gala
hans affidavit touching on the matter.
which is as follows:
Emmett Callahan, who being first
duly sworn. deposes and SAYS: That
he is the defendant named in the above
entitled action. Defendant denies that
there is an action pending In the dis
trict court as alleged by NJ. F. Gala
han. or Emma Callahan, wherein she
would be entitled to a division under
the laws of the state of Montana to the
personal property attached by plaintiff
in the above entitled action; that there
Is not now, and never has been any
order, adjudication or decree giving the
said M. F. or Emma f. Callahan, any
legal or other title to any property of
atiiant, real or personal. Affiant de-
MES that he has in any manner by
fraud or collusion with George S. Lam
der. Robert Coombe, or any person or
persons whatsoever, sold, disposed of
or conveyed any personal property in
which said Mrs. Callahan had any NOR
al or legal interest, claim or title.
That the personal property attach
ed in the above entitled action is the
sole and exclusive property of affiant,
that said NJ. F. or Emma Callahan has
no title or interest thereto or therein,
that said property in large part, at
least 10 per cent. thereof was purchas-
ed and paid for by afliant out of his
own money, long before he married
said interpleader: that as affiant is in
formed and believes that among the
attached property herein is the per-
sonal library and books of afiiant, which
said books in large part consist of the
books purchased by affiant and used
by him at school; that affiant has ac-
cumulated said books through a num-
Der of years. and that said M. f. Gala
han or Emma Callahan, in her insane
and aNaricious desire for money would
sell said books to junk dealer: her
God is Mammon: in her frenzy for
money she has broken and severed all
the ties of home, separated from, and
would blight the future of her off
spring-'blood of her, blood. bone of her
bone
THAT the note given during the
month of May, as alleged in interplead-
er's affidavit herein, by affidavit to
George S. Lander, for the sum of $50,
was so made and executed to said Lam
der in good faith, bona tide, and for the
full sum of $50, that said note is not
fictitious or fraudulent, but as inter-
pleader will discover by clear and con-
elusive evidence (not on information
bolt t1on+
for full value, and that af1iant receiv-
ed said sum of $50 therefor, and that
he used said money for the purpose of
purchasing food, clothing. and care of
the minor child of said NJ. f. Callahan
and affiant.
That affiant is a bona fide resident
of the city of Butte, Montana, and a
citizen of the state of Montana, and
has not removed therefrom perman-
emily: that atfiant duly authorized said
Robert Coomhe to appear and act for
him in any suit or suits that might be
commenced against him, in any court
or courts in the state of Montana.
THAT the judgment obtained against
the defendant in the above entitled
court and cause was not obtained by
fraud or collusion between affiant, Rob-
ert Coombe and George S. Lander or
any other person or persons.
THAT as a well-known elementary
principle of law fraud cannot be al
legged upon information and belief, as
attempted, and as alleged by said M.
F. Callahan.
THAT said NJ. F. Callahan has no le-
gal or moral title in or to any property
Except her personal wearing appareD
in the county of Silver Bow, Montana,
or elsewhere in said state of Montana;
that every article of household furni
ture, and all personal property lex
cept as herein eXcepted) in the home of
affiant No. I. South Excelsiour avenue,
Butte, Montana, was purchased and
paid for by affiant out of his own per-
sonal money; and that said NJ. F. Cal
Ian has in no wise contributed single
dollar or any other amount, toward
the purchase price of said personal
property. and that there never existed
any reason to even suggest that affiant
convey or give any real or personal
property within the county of Silver
Bow. Montana or elsewhere to said M.
f. Callahan, and affiant says that he
never did by deed. bill of sale or other
wise sell, give or convey any property,
real or personal, to said NJ. F. Gala
ham"