The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-16
COMMITTED THE ERROR
Attorney Lippincott Makes an,
Explanation.
WAS SIMPLY A MISTAKE
The Wrong Title Was Given When judge
Clancy Was Asked to Sign the
Order-Facts Can Be
Verified.

W. I. Lippincott yesterday made an
afidavit, which he submitted to Judge
Lindsay, explaining his action in get
| ting Judge Clancy to sign an order
| after Judge Lindsay had refused to do
So In his affidavit, Mr. Lippincott
said:
L was one of the attorneys in the
| case of Dan Harrington VS.. Phil ].
Harrington. in which suit an attach
| ment was issued and served and the
saloon of Phil J. Harrington was at
tached by the sheriff. The case was
contested, and to save expense an order
| of sale was obtained and the property
| sold. Afterwards a Judgment was OBJ
tanned by the plaintiff against the de-
PENDANT for the sum of S3.OS4 and
costs, and the proceeds of the sale ap-
Piled to the Judgment In the property
attached was safe, which the sneritf
could not open, and this court will re-
| member that proceedings were had be
lore this department to compel Phil J.
| Harrington to open the same. T was
not present when the sheriff took pos
| session of the safe, but the sheriff "e-
turned about $3.50 to the best of my
| belief. One Felix McAlvey claimed
| that prior to the attachment he had
| deposited with Phil ]. Harrington the
sum of $500 and had received only $50
OF the same and claimed 30 and
claimed the money found in the safe as
his money The claim was resisted and
McAlvey brought suit in a justice court
and recovered judgment An appeal
was taken by the sheriff. who was the
| defendant, and in the district court,
the case arising in Department l., the
sheriff recovered Judgment for costs.
~ a 1otrff TT
was tried in Department II. l hal had
a vast amount of trouble with nv
client, Dan Harrington, who was I'M
reasonable to the last degree. For in
stance. he denied that the case Of Nc
Alvey vs.. Regain was ever tried before
Justice Burns of South Butte, where
the case was tried, and from whence it
was appealed to this court, but he ac-
cused, and now accuses the sheriff of
obtaining more money from the safe
than the sheriff accounted for In the
Justice court case he refused to allow
me to appear. claiming that the sheriff
was responsible for any property at
tached by him, whether it was claimed
by some one else or not In the appeal
10 this court, he refused to furnish the
bond on appeal and Emmett Callahan,
who was associated with fne, and NY
self furnished bond and appealed
with the result that he recovered judg-
iiiNiit. L ~ leu Tie case aIDue IN the
district court. AS stated above, I was
sorely tried with the obstinacy of my
client and was anxious to dissolve rela
tions with him before the dispute arose
between him and the sheriff, for he re-
fused to receive his money and made
divers and sundry threats of legal pro-
ceedings against him; and at the con-
clusion of the McAlvey VS.. Regain case
! filed lien for my fees of $50 for serv-
ices in that case alone The sheriff re-
FUSED to pay the amount and I appealed
to Judge Lindsay of Department I. for
an order on the sheriff The Judge re-
fused to sign it for the reason that the
case. of McAlyey VS.. Regan was only
Judgment for costs in favor of the sher-
if. and therefore the sheriff held no.
money, but that the money he held
was in the Harrington vs.. Harrington
case. which was tried before Judge
Clancy. in Department IL then pre-
pared another order for Judge Clancy
to sign and supposed entitled it Har-
rington VS.. Harrington, but owing to
some excitement arising from disputes
between my client and myself COM
mitted the error of emitting the order
McAlvey VS.. Regain, the same as the
order which Judge Lindsay refused to
sign. At the time I presented the order
to Judge Clancy, my recollection is that
l explained to him the nature of the
proceedings and stated to him that
Judge Lindsay had refused to sign a
similar order in McAlvey VS.. Regain for
the reason that there was no money in
the hands of the sheriff in that case
and that he would not interfere in any
judgment obtained in Judge Clancy's
department Judge Clancy has hereto
fore always taken my word as to the
contents of documents and signed
them, and he straightway. upon my
explanation, signed the order. I omit
ted to observe the title of the order at
the time of delivering the same to the
sheriff. 1t was simply mistake with
out any intent or design to deceive
either of the judges of this court I
think Judge Clancy will bear me out
in the above statement as to the sign
ing of the order. that the under sheriff |
will bear me out in the statement that |
my client is the most unreasonable, |
obstinate and headstrong man of this |
age, SO far as he knows. After going
to all the trouble above enumerated
for / was determined to make my client |
settle with me, on account of his I'M
reasonableness I finally agreed, in or
der to avoid further clash with him, |
to take 500 for my services instead |
of $50.
THE above statements are the true |
facts in the case, and I submit I have |
practiced too long at this bar to at
tempt to obtain from one judge of this |
court an order which has been refused |
by the other. by Misrepresentation and |
faIsehood. BY proper investigation, if |
this statement is insufficient, the above |
statement of facts can be verified"
Died-Mary Callahan. aged six |
months. daughter of Mr.. and Mrs
Thomas Callahan of No. SAG East Ga
lena street. The funeral will take place