The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-10
WOULD NOT HOLD OVER
Rowan's Case Against Elderkin
Is Dismissed,
IN THE DISTRICT COURT
Burke and Balaklava Lease Controversy
Transcript Comprehension In
teresting Facts in the
Testimony.

The contest over the seat in the
council held by E. D. Elderkin from
the Eighth ward was dismissed in the
district court yesterday by Attorney
M D. Leehey, who appeared for
Thomas Rowan, the contestant The
reason for the dismissal is not known
but it is understood that Mr.. Rowan
became convinced that even if he
would succeed in unseating Mr.. Elder
kin that he would not, under the law,
hold over himself, and his interest in
prosecuting the contest therefore
ceased.
The transcript of the evidence ia
ken by Judge Lindsay in the Twohy
estate matter, in Burke and Balaklava
lease controversy, was completed yes
terday by the court stenogra pher. The
transcript shows some interesting facts
in the testimony. One of the witnesses
was H. L. Maury, an attorney, who
appeared, according to the testimony,
both as counsel for the executor and
a creditor of the estate
you stated, believe, that you were
attorney for the creditor who has pre-
sented to the court petition asking
the court to revoke its former order?"
asked Judge Lindsay Of the witness.
Yes"
You were then the attorney for the
executor, were you note"
Yes
"You assume in this proceeding to
represent not only the executor but the
creditor as WELLS that my under
standing of your position here?"
Yes, SIR
II would like to ask you also how
it occurs, how you represent the cred
itor whom you named?"
Il will have to go into our inten-
tons; it was our intention to take an
appeal"
Whom do you mean by our?'"
myself"
"You are plural in number them"
"In an editorial way; it was my in
tention to take an appeal. and is yet,
from the order of the court if it should
be against the executors letting the
lease at a minimum rental, but I was
not quite certain that an executor, as
such, could take an appeal"
you then solicited the creditor, did
you?"
Yes"
II would like to state to the court
in the matter of soliciting the cred
itor," said Mr.. Maury afterwards,
there was a solicitation upon our
part, Out IL was NOT 10 start up dIiy
litigation: it was merely for the ben
eft of the executor. We were al
ready the attorneys for the executor. -
You thought you could consistently
appear for the executor and at the
same time for the creditor of the es-
tate?" asked the court.
when their interests are alike, that
was my idea
IT would like to ask you, Mr.. Maury
whether in any of these matters done
by you if you had any intention OF
disobeying any order of the court
asked Attorney F. e. Corbett.
mo intention. except we sought to
prolong the execution of the order I'M
til we should find out what course tc
pursue on the subject of the $500 bo-
nus; the persons applying or offering
the raise were certainly no friends OF
ours
"In soliciting the creditor you spoke
of. Mr.. Marry said the court, "to per-
nit you to present or have presented
his objections to the executor, con-
forming to the former order Of the
court, did you not have in mind the
defeating of the order of the court?''
81 think your honor has the wrong