The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-09-05
Sensational SUIT COMMENCED
ACCOUNTING DEMANDED AND JUDGMENT ASKED
Charges Made Once Before, During Guberna.
toriaI Campaign, Renewed-..SummOns as
Filed, and Mr.. Sniyely's Statement.

Wednesday evening by the filing of
summons and complaint against At
torney II. J. Snively by Mary Fallon,
Sarah Fallon and Margaret Fallon.
residents OF West Virginia. to secure
an accounting for funds alleged to
have been entrusted to the care of Mr..
Snively, and to secure a judgment in
the sum OF s4,950. The attorneys for
the plaintiffs are John Lynch OF this
city and Brown, Luhey & Kane of Sc
attic. Following is a copy of the COM
plant:
In the superior court of Yakima
county. state of Washington, Mary
Fallon, Sarah Fallon and Margaret
Fallon, plaintiffs. VS.. Henry ]. Snively,
defendant.
Comes now Mary Fallon, Sarah Fall
Ion and Margaret Fallon. citizens Of
the United States, and residents Of the
states of West Virginia. and complain
of Henry ]. Snively. and for cause
thereof allege:
That on the Sd day OF September, A.
ID. 1880, BARLEY Fallon, then a resi-
dent of Grafton, West Virginia, died
intestate leaving surviving him Mary
Fallon. his widow, and five infant
children, viz: John B. Fallon. veroni-
ca Fallon. Mary Fallon, Sarah Fallon
and Margaret Fallon; that Mary Fall
Ion, the widow. died September Sd,
1895; that John B. Fallon, the son of
the deceased Mary Fallon. died De-
cember oath, 1887, and varonica Fall
and daughter were unmarried and died
without issue; that these plaintiffs
are the sole and only heirs of the said
John B. and Varonica Fallon. deceased
as aforesaid, and entitled to receive
the share or interest of each of said
children aforesaid In the avails OF
certain life insurance policy herein
after more particularly described.
That during the life time Of BARLEY
Fallon he took an insurance policy
upon his life, payable to his 1--WE chill
dren, in case OF his death, share and
share alike.
That on or about January goth, 1881,
the defendant, Henry J. Snively was
duly appointed and qualified as the
guardian of sai1 Ave minor children
Of the deceased, BARLEY Fallon, and
received from the avails OF said life
Insurance policy, as such guardian.
the sum of nineteen hundred and sixty
dollars (s1960) In lawful money Of
the United States. to be by him held
and such portions thereof as might be
necessary expended for the care and
education OF his said wards, the re-
mainder to be paid to them when they
should become Of age.
That at the time of his appointment
a. said guardian, Henry J. Snively
was an attorney at law practicing be-
fore the bar in Grafton. Taylor ooun-
~. West Virginia. and gave promise
Of ability in his profession: that said
Henry J. Snively procured the moth
eTs consent to his appointment as
guardian OF said minor heirs upon his
own request. and only after repeated
and persistent solicitation.
That Henry J. Srively in giving
bond for the faithful performance Of
his duties as guardian obtained AM
brose Sniveiy and George w. Brown
as sureties thereon; that Immediately
thereafter said sureties failed in BUSH
ness. becoming bankrupt and were
wholly without means; that no other
or further bond was given by this de-
fendant, but Immediately after the
failure and bankruptcy of his said
sureties secretly fled from the state of
West Virginia and disappeared from
the presence and knowledge of his
wards and former friends and ac-
quaintances and remained in hiding
for many years. During all this time
the mother and children were In abb
Ject poverty and struggling al best
they might TO support themselves by
hard labor. First the mother died
from overwork and privation, the son,
the eldest, died of typhoid fever. and
the sister. Veronica, fell like her
mother, lighting heroically the battle
Of poverty, leaving these three chill
dren as the only surviving OF the late
BARLEY Fallon, girls Of tender years,
to fight the battle of life against
poverty and unusual hardships of an
extreme character. During all this
time the defendant. Henry J. Snively.
mas been in the possession OF said
trust fund, using the same for his own
personal comfort and gain. thereby
violating his trust. and leaving his
wards. these plaintiffs. and their
mother, brother and sister, in poverty
and sickness. the latter OF whom fell
by the wayside in their struggle for
existence
That from the goth day Of January.
A. D. 1881, the defendant has held said
sum of nineteen hundred and sixty
dollars ls1ss0). trust fund as afore-
said, In his possession. using the same
for his own benefit and expending no
part thereof for the benefit of his
wards That the use of said sum Of
money is OF the value Of at least law
fui Interest on the same for twenty
i've years, and would leave the de-
PENDANT chargeable. as interest on the
original trust fund, with the sum Of
two thousand nine hundred and ninety
dollars 32.ss0). which. with said
original fund. amounts to the full
sum Of four thousand nine hundred
nifty deliars s4.s6o). and plaintiffs al
lsge that the said defendant should
be compelled to account for and pay
said sum to these rlaintiRs.