The Butte inter mountain., 1903-10-30
EVIDENCE ALL IN
IN COURTNEY CASE
COURT Is HEARING ARGUMENTS IN
LITIGATION TO REMOVE THE
ADMINISTRATOR

The hearing of the two petitions for the
removal of Dennis {. Courtney as
executor of the estate of Thomas +. Court
ney, was resumed in Judge McClernan's
court today,
Bernard Noon and Roy S. Alley repre-
senting two of the petitioners, endeav-
cred yesterday to introduce testimony
showing that prior to and after the death
of Thomas +. Courtney. Mrs Dennis
Courtney had held in her possession the
sum of $1,000 belonging to the deceased.
Mrs. Mary Ann Witty, one of the pc
titioners, gave testimony TO the effect
that she had had certain conversations
with Mrs. Dennis Courtney regarding the
money but as It was not shown that
Dennis Courtney. the exeegtor, was pres
ent at these conversations, the evidence
was stricken out.
Mrs. Dennis Courtney was called this
morning to testify as to the money held
by her, and stated the amoun, to be SIS.
She was excused from answering any
questions that would have any bearing on
the charges against her husband.
Mrs. Cronin, another witness testified
as t, conversations with Mrs. Courtney
about money but it was not shown that
Dennis Courtney knew anything about any
amount beyond the Sss mentioned and
turned over to him by his wife. 1t was
stat ID that Thomas L. Courtney was in
the habit Of keeping his money III the
house OF Dennis {. Courtney the executor,
and Mrs. Courtney often took care OF it
for him.
A section OF the will of the deceased
was read, wherein he mentioned the be
quca,hing of tgo-thirds of the money
then in the hands Of Mrs. Dennis {.
Courtney TO Dennis G. Courtney and the
Other third to Mrs. Mary Ann Witty.
When asked regarding this money. the
executor stated that il was the SIS, as
that was all the money he knew Of. :
Dennis Courtney, when recalled to the
stand today, stated that rs soon as lie
was charged with misappropriating money
belonging to the estate he se' about TO as
certain now much of the lease money he
was accountable for.
"Ioa had not attempted to ascertain
what you were accountable for prior to
lis timc2' asked the court.
mo, | was confident | knew what the
amolnt would be and intended to make
the accounting when the estate was set
led
lie lnflGef BtdlCu lllal nc llau para 10
per cent Of the claims against the estate
and nov had $1,000 in the Daily bank. He
had received $s.395 from the lease and
had paid ont Sa,SoS4o on it. The prop
crty, beside this $4,000, consisted of prop
erty in Burlington, Butte and n claim north
of Walkervillc. He also stated that just
prior TO his brothers death, the latter had
borrowed various sums Of money, thereby
showing that he did not have the 81 400
alleged to be in the hands Of Mrs. Dennis
{. Courtney. In trying 10 collect bills held
by the deceased he stated that he was in
formed that they had been paid, but never
asked for receipts showing II to be a fact.
1t was explained that the lease i'll ques
ton was given by Charles Clark 10 Mr..
Courtney, "Swedc" Murphy and Tom Xii
galan. and that Mr.. Courtney had voted
for Clark although being elected on the
DAILY ticket that Dennis Courtney was
given half Of the two-thirds interest held
by Thomas Courtney, and that the bust
ness was all transacted in the name Of
Klgallan.
Mr. Courtney testified that he had at
one time allowed his wife to deposit $4,000
in her name in the bank but that had any
thing happened he was positive the estate
would get il
Both sides to the controversy finished
submitting testimony at noon. The argti-
ments were submitted at the afternoon ses-
sion.