Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1880-03-02
THE GARDNER SUIT.
u1cropv OF AN INTERESTING cAsE-GARDNEk
SAWS HIS RAILROAD AND SELLS 1T TO MAA-
1ErrE & co.-How HIS ATTORNEYS WoksfhD
THs TAHOE FLUAs COMPANY.

trial CANA timstbis month. This will be the sec
opd trial of the case, the first having resolteo
in = verdict for the plaintiff, but the Jury
failed to agree upon the ameunt'o OF damages
In this case, Gardner, who had furnished logs
for Yerington Bliss & Co., claimed that dur
ing a period of five years he had been dsfrau-
ded out of $50, 900 by reason OF the under
sealing of the scaer in the employ OF Yerlns-
ton a. Bliss The trial at the time was fully
reported in the APPEAL, and Is still fresh III 'ne
minds Of it's readers.
TIE PLACEEvILLE SUIT.
The case is one of peculiar interest from inc
fact that the main issues have been recently
triad in Plaeervile. Ysrington & Bliss brought
suit against Gardner for Sl4, LOO, money Gus
the plaintiff by GardRer on satisfaction OF az
vanees made when Gardner built his railroad
near Yank's at the south end OF Lake bIgier
The defense admitted that the money had
been advanced as claimed, and secured by
mortgage on the road, which mortgage MAD
been paid of and the debt afterwards repre-
seated by note given by Gardner TO TINS
plaintiffs. and that the suit to hold at law
should have bsen brought on the promlsery
note. The defense also claimed as an offset
the amount which Gardner alleged to have
heen defrsuded out of by the under sealing OF
his logs.
PR.UD CLAIMED BY THE DRTsNsH
Itxa. also claimed by the defense that =
scheme had been incubated by the Plalntius
wears ago by which they should secure legal
nosssssioa of the railroad by a system OF un-
der scaling which would 50 cripple Gardner
financially that he would be unable to meet hls
obligations The trial began in PIacervllle
Jan 28th and lasted until February 3rd, Col.
Ellis and Judge c. n. Harris. conducted the
case for the defendant, and Jadgs Whitman
of Virginia City appeared for the pIslutlffs.
VERDICT FOR THE PLAINTIFFS.
The Jury found a verdict for Yerlngtoh q
Bliss for 81, 400 having allowed the defendant
as an offset 10000 for under sealing The
sests were taxed to the defense and IN all II
would require about Sc, 900 to enable him to
redeem his properly.
RAISING THE MUD.
At the conclusion of the snlt Iarohsr hae
but five days in which to raise SoOoo ana save
his railroad. very valuable piece OF property
which had cost $50 900 to construct. he tnsh
went Immediately went to San Francisco
while judge Harris went to Virginia City to
sndeavor to raise the money to satisfy tne OK
caution. Neither at first met with any Sue
I Iara scanned
liable. The Gardner faction assert that taey
could get no favars whatever from the ener
if who We. wholly under the control OF err
motion g. Bliss. The first sale would come
off at the lake and the fat cars would be dis
posed Of Judge Harris received dispatch
from Gardner that if he could bid IN the na'
cars and save day the coin could be raised
| and the road saved
CLOSE WORK.
There were two days yet to spare ana ~
there was no boat running on the lake except
that owned by the Fiume Company, Juags
Harris could hardly expect to have his repre-
sentative accommodated by that beat and &C
cordiualy getting $500 of Drexler 4 Co., OF
| Virginia City, SEM IL ~ ''i' ~no -
with instructions to dispatch 1t across the
mountains by some trusty man on snow snoe'
in ti.ae to reach the scene OF the oherln SAFE
The man was all equipped the day sefore ano
r.ady to take the money over as soon as ne go
dis,atch from Harris. Mrs. Gardner Their
want to Virginia City to mortgage the Gard
ner property to Drexler & Co., for ", ooo. Ii
the meantime Gardner was making towar'
Plaseryille with the required amount but nat
taeoraphed that he would be unabs to reach
the place by ten o'clock the next morning
Judge Harris thsn made statement OF the'
facts to Drexler & Co., who advanced tn
MONEY without any security, by telsgrapnln
to tho Wells Fargo bank to place Soooo coll
at the disposal of Judge Harris in the morning
THE SCENE AT THE BANK.
Harris agreed to redeem the road by III II
the morning. and Mr. Bliss, accompanied o.
the Sheriff. met him at the bank. The plain
,;ss h ad been infsrned that the coin Woul'
not b. forthcoming, and the Sheriff was pre-
nared to make tho sale. As Bliss walked Il
be found Harris standing along tho cosate
and remarked, 8 Have ysu the money!
"Right here" was the reply, and the telle
lifted Sc 900 i. gold onto the counter. 'udg
H.rris explained that that was only as guar
antee that Gardner would pay the debt