The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-31
Aff1davits Filed in the Mahan-
Patterson Case,
THE STORIES DON'T AGREE
The Case Was Referred to Dan Yancey
as Referee. Who Found That
Mrs. Mahan Was En-
titled to $500.

have been filed in the district court in
suit of Mrs. Medora AIahan against
her brother, George W. Patterson, to
recover $500 which she loaned him last
November. Mrs. Mahan was formerly
Mrs Southland, but married B. F. Ma
han, real estate man well known in
Butte and Anaconda shortly after his
former wife had obtained a divorce
from him.
/ Mrs. Mahan's suit against her brother
had been referred to Dan Yancey with
instructions to report upon the law
and the facts, and he found that Mrs.
Mahan was entitled to the $500 in the
possession of her brother. Her attor-
neys then filed a motion in court to
confirm the referees report and require
Patterson to turn the money over to
her. Patterson opposed the motion, and
in an affidavit alleged that he borrowed
the money from his sister in the list of
last November, after she had repeatedly
solicited him to take it and invest it in
his business, he being at that time in
partnership with William H. Hart She
wanted him to take $500, but he only
accepted $500 for one year. for which he
was to pay her SIS a month.
r. F. Patterson, and brother of Mrs
Mahan, made an affidavit to the same
effect and said he was present when the
loan was made. He also said the de-
PENDANT was an honest and careful. man
of business and always paid his debts
and that the money would be safe with
him.
W. H. Hart. in an affidavit. said thai
he was present on the 18th of last
October when the plaintiff. then Mrs.
Southland, asked the defendant to take
her money, and he told her he would
take it for one year and invest it in
live stock The plaintiff, says Hart,
was widow at that time and said she
wanted the defendant to take her
money so that it would be taken care
of. A short time after she was mar
ried to Mahan, she went to Hart. so
the latter says in his affidavit, and told
him that she was going to leave her
husband and leave town. She asked
the affiant where she could find place
to store her goods, and as he had been
collecting some money for her. she told
him not to give her money in the pres
ence of her husband, for it he did. her
husband would get it and spend it.
Afterwards, when the affant saw that
she and her husband were liable to
have a family difficulty and that he
would be annoyed on account of the
money, he told Patterson to draw it out
of the partnership business, as he could
not afford to be annoyed with family
troubles. Hart said Patterson was an
honest man and that Mrs. Mahan's
money would be safe in his keeping.
Mrs. Mahan filed a long counter affl-
davit in which she denies that she so
licited her brother to take the money.
On the contrary, he asked her for it and
promised to invest it in the Hart part
nership business and to pay her half of
the net profits. The agreement was
that he should have the money for one
month and that she would see at the
end of that time whether she would let
him have it any longer or not. At the
end of the first month he told her that
he could not afford to give her half the
profits and would only pay her SIS a
month and she then gave him 10 days
notice, according to their agreement, to
give her back her money. The defend
ant refused to give it to her and said
he had been advised to beat her out of
it and that if she did not ':act white
she would not get nickel. She says
the loan was made on the street and
that no one else was present or heard
the negotiations. She declares that the
affidavits and Hart and Robert f. Pat
terson are false. She says that al
though the latter is her brother, he has
and she believes that in making his
affidavit he acted in furtherance of
scheme for the defendant to defraud
her out of the $500. AS evidence of the
evil intentions of Robert f. Patterson
towards her, she attaches 20 her affi-
davit a copy of the following letter,
which she says she received from
him:
Dec. 2, 1s9s,--Mrs. Southland: So far
J have ben unable to find anything to
do in view of this fact, and also be-
ing stranded, I am ready to go back
from where I came. Under all the
existing circumstances, I think it right
from every honorable point of view for
you to furnish me s25 to get back on.
AS for ever coming back under your
roof, that I shall never do, but I tell
you this, knowing as you do why I
came here, also my circumstances here
at this time of the year. with no en-
ployment although I don't think
George will boot me out. If You spurn
this with your usual elevated hauteur
i shall live to get even. I shall en-
deavor to make it as interesting for
you as You have for me. I shall at
least await some sort of a reply. Yours
etc, r. e. PATTERSON"
Mrs. Mahan says she did not reply to
the latter and that about the time she
received it she was married to lone
Il. +. Md0aD. Sne says she het1eteS
that her brother made the affidavit
with malicious intent and to assist
George Patterson in defeating her eff
forts to collect her money.
In regard to the affidavit of William
H. Hart. she denies that she ever
agreed that he should ever have the
money for a year. and she believes he
is in collision with her brother to de-
feat her effort to collect her money,
and that his reference to her rela-
lions with her husband We're made
malciously.
Joseph Rice, one of Mrs. Mahans
attorneys, made an affidavit to the
effect that George w. Patterson ad-
mitted to him that he borrowed the
money with the understanding that it
was payable on demand,
The motion to confirm the referees
report will be called up for hearing in
court Tomorrow
Was Known in Butte.
Frederick Alvin Houck. who committed
suicide at Great Falls Wednesday, and of