The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-24
He HAS NO ATTORNEYS
Counsel for Col. Emmett Callahan
Withdraw.
A DIFFERENCE OF OPINION
But They Still Remain Attorneys for
Him on the Records-An Amended
Complaint Filed by Mrs.
Callahan.

tOlOnel Emmett SdlldHdn is without
attorneys in his divorce suit fight. ].
L. Wines and William Scallon. who ap-
peared for the colonel in the case orig
inally, have notified him that they
would no longer represent him, as they
have practically withdrawn from the
case, although they still appear on re-
cord as his counsel. The fact of their
withdrawal was stated yesterday by C.
P. Connolly, attorney for Mrs. Gala
han, when a motion of the plaintiff
for leave to file an amended and sup
Elemental complaint came up for hear
ing. What caused Mr.. Wines and Mr.
Scallon to withdraw from the case is
not known, but there have for some
times been stories afloat of a difference
of opinion between counsel and client
as to the conduct of the case, and that
the attorneys did not approve of some
of the rather remarkable affidavits
| made in the case by Mr.. Callahan and
disapproved of other acts on his part
When Mrs Callahans motion for
leave to file an amended and supple
mental complaint in the divorce case
alleging additional grounds for divorce
and naming as defendants the Nation
al Bank of the Republic of Salt Lake,
| the d. j. Hennessy Mercantile COM
pany and H. r. Bartlett of Butte, came
up for hearing yesterday morning Mr..
Connolly stated to the court that both
Mr.. Scallon and Mr.. Wines had re-
fused to accept service of the notice
| and said they had notified Mr.. Callahan
of their withdrawal from the case. They
said they would not appear at the
hearing of the motion. Mr.. Connolly,
however. made an affidavit that both
Mr.. Scallon and Mr.. Wines appeared
as the attorneys of record and that he
had left a copy of the notice with Mr..
Wines. Mr.. Connolly offered to show
authorities that such a service was
sufficient, but the court said he re-
| quired no authorities on that point.
| Mr.. Connolly then read Mrs. Callanhan's
| proposed supplemental complaint, in
| which she set up as additional grounds
| of divorce that the defendant had cir
| culated and published false and ma
| licious reports rejecting upon her chas-
| tity and that he had made several
| threats to kill her or do her great in
| jury. The Salt Lake bank was named
| as defendant because it has filed in
| the district court judgment for
| 81 500 against the community property
| of Mr.. and Mrs. Callahan, the judg-
| ment having been confessed by Gala
| han, and Mrs. Callahan claiming that
| it had been obtained by fraud and
| through collusion between the bank
| and Mr.. Callahan.
The d. j. Hennessy company of Butte
| also filed a confessed judgment repre-
| senting debts contracted by Mr. Gala
| han since the district court made its
! order enjoining him from cucumber
| ing the property. The Salt Lake judg-
ment has also been confessed since
| then, Mrs. Callahan claiming that both
| were the result of an attempt on the
defendants part to defeat the order of
! the court and any judgment that she
| might obtain against the defendant.
H. r. Bartlett it is understood, is in
| debted to Mr.. Callahan to the amount
| of several thousand dollars for money
| loaned, and he was named as defend
ant for the purpose of enJolnlng nm
| from paying the money over to the de-
| PENDANT. This latter matter Will prob
| ably give rise to another interesting
| phase of the complicated case, as in a
| former proceeding in court Mr.. Gala
han testified that that money belonged
| to several children for whom he had
been appointed guardian several years
ago, and which he invested without
| notice to or authority from the court.
After Judge Lindsay had heard Mr..
Connolly's motion and his citation OF
| authorities for adding the third parties
| as defendants in the divorce case, he
| said that upon the showing made the
court was justified in allowing the
amended and supplemental complaint
| to be filed.
The next matter that will come up In
the case will be Mrs. Galatians mo-
ton to have the defendant adjudged
to be in contempt of court for his fail
ure to obey certain orders made on
him, and to have all his pleadings
stricken from the records