The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-29
Action Taken in the Callahan
Guardianship Case.
WITHDREW HIS PETITION
An Agreement Reached in the Elber-
ding Case by the Contestants-A
Petition From Mrs. Lulu
F. Largely.

| tateS OF Katherine OBr1en ana the
Hale minors was returnable in the dis
trict court yesterday, and the sheriff
reported that he could not find Colonel
Callahan. Attorney ODonnell then
asked for an order removing the guar
dian, but Judge Lindsay said that be-
fore he would take such summary ac-
tion he would require some affirmative
| evidence showing that the guardian
had left the state and did not intend
to return, whereupon the futher hear
| ing Of the matter was continued un-
til next Wednesday, at which time an
effort will be made to show that Col
onel Callahan has left the jurisdiction
of the court for good.
The friends of Robert Elberding, the
| insane gambler, came to some under
standing among themselves, and when
the contesting applications for
| appointment OF guardian came
| Up Ior nearing before Judge
| withdrew his petition and Ike More
mouse was appointed guardian in ac-
| cordance with the petition Of Henry
| Albertson The latter and Morehouse
are partners of Elberding in the M. &
| NJ saloon and gambling house and in
MS petition to the court Albertson rep
resented that Elberding's interest in
| the business was worth about 5000,
Doherty then filed contesting petition
| and placed the value at 81, 500, but yes
terday he withdrew his petition and
Albertson testified that Elberding's in
| terest in the saloon and gambling
| business was valued at s1.5OO. The re-
mainder of his estate consists of about
$1,000 in cash. Judge Lindsay said he
would take the matter of appointing
| guardian under advisement.
Lulu F. Largely petitioned the court
for authority to make a compromise
settlement with A. p. Van Dusen on
some coal land in Park county in which
the estate has some interest. During
his lifetime Largely had an agreement
with Van Dusen by which he was to
receive half interest in the property
provided he made certain develop
ments on it, and he spent $2675, and
about $4,000 will be required to carry
out the terms of the agreement, but
Van Dusen claims that the estate is
already in default but offers to COM
promise by the payment to the estate
of $3.50 for all of the Largely interests
in the property. The Administrative
recommends the acceptance of the
offer.
In suit of James Ryan against
Michael Reagan an order to show cause
why $495. belonging to the defendant,
on deposit in the First National bank
should not be applied to satisfy an
execution in favor of the plaintiff was
heard yesterday by Judge Lindsay,
Reagan defaulted, but the cashier of
the bank testified that at the time a
garnishment was served on the bank
the latter had $505 on deposit there, but
he afterwards drew it out on a check
a no
amount to secure the bank.
Judge Lindsay yesterday overruled
motions for new trials in the damage
suits of Thomas Less and Michael p.
Holland against the city of Butte, in
which the plaintiffs secured judgment
for damages on account of a change of
grade on East Broadway.
In the case of j. A. Riddell against
the Fidelity and Deposit company, u
demurrer to the amended complaint
was argued and taken under advise
ment.
The plaintiffs proofs We're heard In
the case of J. H. Smith against Ed
PHugi and wife, and Judgment given
for 1878 and an attorneys fee of $50.
The hearing of a motion to dismiss
the suit of Joe Klaffki & Co. against
Barney Shanahan was continued fo,
one week.
motion for Judgment in a case of
the Anaconda Copper Mining company
against the Montana Ore Purchasing
company, Which was to have been heard
yesterday, was vacated.
The executor of the Paul Davis es-
tate nled report yesterday of the
sale of some real and personal property.
as follows: A fourth interest in the
BAY Horse lode claim, S25: one-fourth
in the Corinthian, $50: one-sixth in the
EDDY, $50; one-third in the Little Gem,
siao; slX-siXteenths in the Martha. 500,
all sold to the Cobban- Casey Day COM
pahy. A Few personal effects, consist
ing or JeWelry and furniture, were sold
to F. M. Tidbar for 5000
Judge Lindsay yesterday called his
calendar and set the following cases for
trial: N~
Nov. GA. saner VS.. BETSY Hartman
ct al, M. J. Cornell Lumber comnanv
VS.. II. Godin ct al.
Nov. Joe Mayotte vs. Mrs, G. Tan
geye ct al, J. l.. Chevigny VS.. 7 r
Ellis, Rachel Brown VS.. Harry Symons.
Nov. S-M A. Harrington vs. r. Col
Inns, Harry Melville VS.. Charles IT.
Nickel ct al, John c. Evans VS.. Henry
l.. Haupt
Nov. st. c. Miles VS.. Northern Pa
cific Railway company. J. E. Mccoy
ern VS.. Henry l.. Haupt. 4
Nov. 10-Michael Reynolds VS.. Alice
Gold and Silver Mining company, Big
Blackfoot Milling company VS.. Leila
Blume ct al, j. &. Culbertson VS.. Ricn-
ard A Carder ct al.
judge Lindsay Yesterday made an or
der appointing Emanuel Richie ad-
ministrator of the estate of Frank
ProulN, deceased upon his filing a bond
in the sum of $1,000, the former ad-
ministrator having died.
The administrators of the estates of
Patrick l.. Reagan and Grace E. Gay !
lord were discharged. the estates hay |
ing been distributed as previously di- |
rected by the court
DEGREES were entered settling the |
final accounts of the administrators of |
the estates of Robert McFadden and |
Herman HeilSilla, and the final ac-
counts of the executors of the estates |
or Marie Bertha Wolf and Jacob |
hruesch We're approved; also the ac
counts of the administrators Of the es-