The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-30
CHARGED WITH BURGLARY
An Information Has Been Filed
Against Gordon.
ALL MOTIONS CONTINUED
A Replication Filed by Mrs. Callahan,
She Denies That the Judgment
Was Properly Obtained.
Probate Matters.

County Attorney Connolly Yesterday
MED an information against Michael
Gordon, the junk man, charging him
with burglary for breaking into the
Washoe hoist on Aug. 16 and attempt
ing to take away lot of copper and
brass.
Mr.. Connolly was granted 10 days ad-
ditional time in which to file an in
formation against Kenneth Haviland,
the cigar thief, who forfeited his bail
some months ago and was subsequent
ly captured at st. Paul and brought
back.
Judge Clancy announced yesterday
that all matters on his motion calendar
for hearing to-day would be continued
for one week.
In the suit of Monica Frey Callahan
against Constable P. J. Harrington to
recover some personal property which
the defendant took possession of under
an attachment, a replication was filed
in the district court yesterday by Mrs.
Callahan. She denies that the judg
ment was properly obtained by George
;. Lander against Emmett Callahan or
that the latter was the owner Of the
property attached. Mrs. Callahan al
leges that at the time of the pretended
levy by the constable she gave notice
to him and made affidavit of her claim
ana ownership of the prop arty, and
more than 10 days elapsed after the
notice was given without Lander Civ
ing bond TO the constable, but not
withstanding such failure the defend
ant refused to give up the property.
The defendant in the case of Joe
klaffki against Bernard Shanahan yes
terday filed a motion to dismiss the suit
to declare the justice court Judgment
appealed from null and void for the
reason that the account stated and
sued on does not state facts sufficient
to constitute a cause of action; be-
cause the only question to be reviewed
by the court is whether or not the judg-
ment Is void, and that the court has
no authority to review the action of the
justice in rendering a Judgment in ia
yor of the defendant upon the MONEY
demand sued on. 1t is claimed that
question cannot be reviewed by the
district court because no appeal from
( the judgment had been taken by the
plaintiff.
The testimony of William Bowe and
Lucina Bowe of Melrose in support of
their petition for the probate of the
will of the late Henry Clay Stebbins
was filed in court yesterday. According
to the testimony Stebbins died on the
Sd of last August at Melrose and left
some personal property valued at S100
and group of six mining claims of
uncertain value, but which are bonded
to several parties for $4,000. The next
of kin of the deceased are his widow
and a daughter residing in Chicago.
Ralph E. Dutch, Lowell S. Grimes
n IF
estate of Henry S. Pond, filed their in
yentory and appraisement with the
clerk of the district court yesterday.
The total value of the estate is placed
at $17,629S7, consisting of merchandise
in the store at Melrose live stock, etc,
to the value of $S,23S.39; outstanding
notes, $5152.51; one-half interest in the
Pond and Wombacher ranch, $l,5O0;
policy in the Equitable Life Insurance
company, $500; cash in the First Ma
tional bank at Dillon, $19S.97; cash on
person, $40.
Charles e. Summers, young attor-
ney and newspaper man from New
York. was admitted to practice law m
the district court yesterday by Judge
Clancy on motion of T. Bailey Lee.
Joseph H. Smith has commenced suit
against Edward Pfiugi and Line Phugi
for $500, due on a note, and to fore
close a mortgage on five lots in the
Chelsea addition.
Emanuel Richie brought suit against
Joseph Auclair and others for s46.75 and
to foreclose a mechanics lien on some
property south of the city.
s25 reward to any one proving that E.
F. Mayer, 40 West Park, does not put
In the best handspring made for 81.
Watch cleaning Sl50