The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-28
He TOOK THEM TO UTAH
Mrs. Smith Wants Her Children
Returned.
SHE ASKS FOR AN ORDER
Alleges That They Were Kidnapped Soon
After She Entered Her Suit for
Divorcs-In the Tocmey
Case.

Mrs. Sophronia Smith, who is sueing
her husband, John c. Smith, for di-
vorce and the custody of two children,
says the defendant has kidnapped the
children and "callahaned' them by
taking them to Salt Lake and beyond
the jurisdiction of the courts of this
state She appealed to the court yes
terday for an order commanding Smith
to bring the children back and asks
the court to refuse to flear the de-
PENDANTS motion for a change of VEN
ue until he returns the children to
this county. In an affidavit she says
that two days after she commenced
her suit for divorce the de-
PENDANT took the children from
the keeping of one Benjamin Malben at
Helena and took them to Utah, and
in doing so he intended to defeat the
decree of the court in the event it
should award the custody of the child
rem to her. Mrs. Smith says the child
other a boy of 3, need a mothers care
and that they We're taken away with
out her knowledge or consent.
Mrs. Smith also asks the court to
award her $Io a month alimony and
500 as expense money and attorneys
fees.
Mrs. Della Pitts and Miss Annie Gar
rity were prompt in obeying the or
der of the court to turn over to the
clerk Of the district court the certifi-
Gates Of deposit belonging to their de-
ceased sister, Mrs. Kate Toomey, or
to appear next Wednesday and show
cause why they did not do so. The
certificates were turned over to the
clerk yesterday morning. They are
as follows: Clark Brothers, April s,
1898, $500; NJ, Daily & Co., April 5,
1899, $1,000; Clark Brothers, July 49,,
1899, 5000; Clark Brothers, Sept. 49,.
1889, $500. All Of the certificates were
made out in the name of Kate Gar
rity, Mrs, Toome US maiden name. She
was married to d. L. Toomey on Dec.
/, 1898.
Judge Lindsay will hold court to-day
in Judge Clancy's room. An unusual
ly large Saturday calendar is to be
heard. 1t contains the following mat
ters:
Ten O'Clock a. m.--Victora Dlubala
VS.. Louis Dlubala, motion to Quash ;
Andrew Less VS.. City of Butte, mo-
ton for a new trial; Michael II. Hol-
land VS.. City of Butte, motion for a
new trial; J. A. Bidden vs. Fidelity
and Deposit company, demurrer to
amended complaint; Anaconda Copper
Mining company VS.. Ed Hickey ct al,
motion for judgment; Michael Rey-
nolds VS.. Alice Gold and Silver Min
ing company, motion to strike from
answer; Augusta Dillon VS.. Clayton
B ali4h plaintif rs p pans j. mani, H.
,tiff's proofs Joseph Klaffki COM
pany VS.. Barney shanahan, plain
tiffs motion for leave to amend com
plant and defendants motion to dis
miss action.
Two o'clock p. m.-Estate Of P. +.
w. Kruger settlement of account and
distribution; estate of William Paul
Kroger. petition for letters; estate of
Edward B. Fox petition for distrih-
ution; estate of Catherine OBrien, a
minor, return of citation; estate Of
Hale minors, return of citation; es-
tate of w. A. Waller, order to show
cause: estate of William H. Mitchell.
settlement of account; estate of James
NJ. Reilly, motion for new trial:
Owen J. Mccain, petition for sale Of
personal property and real estate; ST.
las F. King VS.. Harry casters ct al,
plaintiffs proofs; James Ryan VS.. Mi
chael Reagan, order to show cause;
Thomas Boland VS.. Sarah Boland,
plaintiffs proofs; Harry w. Renick VS..
george A. mcdonald, Ofder TO SNOW
cause; H. R.Wallzer VS.. A. H. Tay-
lor ct al, demurrer; Joseph A. Cor
nell VS.. Joye NJ. Cornell, plaintiffs
proofs; Henry Muntzer VS.. c. Haller,
motion to reinstate cause on calendar;
George w. Baldwin VS.. John G. Moe
bus ct al. demurrer of Moebus;
George H. Casey VS.. A. Anderson ct
al, motion for severance of action; c.
w. Wynn VS.. F. L. BURY ct al, de-
murrer; a. A. Lisker VS.. John
O'Rourke, motion for new trial; J..
A. Rhodes vs.. John A. Devlin, demur-
rer and motion to strike; A. Coombe
ct al VS.. Jessie c. Knox ct al, de-
murrer
In the suit of the Boston & Montana
Mining company against William H.
Young and others, an action to quiet
the plaintiffs title to the Badger lode
mining claim, an answer was filed yes
terday by John A. Cannon, one of the
defendants, who claims to own an in
terest IN the property adverse to the
plaintiff. He asks to be adjudged the
owner of a fourth interest in the east
half of the property and a fourth in
the west half. He also wants judg-
ment for $4,000 as the value of his
share of ore taken out of the ground
by the plaintiff.