The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-04-26


against Harry L., Jerome j. and
Eugene r. Day, Mrs. Eleanor Day
Boyce and other owners of the Her
eules mine, and Harry r. Allen, 10
recover her interest in the bonanza
Hercules mine which she alleges was
sold to Eugene r. Day and Mrs Boyce
at figure far below its real value
through collision between the pur-
chasers and Harry r. Allen, who ne
gotiated the sale is found in the an
swers filed last week in the federal
court at Boise by the Day brothers
and Mrs. Boyce. The answers OF
Harry l.. Day and Jerome J. Day are
Identical, both alleging that they had
no connection with the sale, that each
of them subsequently purchased
one-fourth interest on the same basis
upon which it had been secured from
Mrs. Gardener, and that they believe
and allege that the price paid plain
tiff by Eugene r. Day and Eleanor
Day Boyce for the property purchas-
ed by them by the plaintiff apprOxim-
ates, and even largely exceeds, fair
consideration for the property so
purchased"
Answer Of Eugene r. Day
The answer of Eugene r. Day, for
himself and sister, Mrs. Eleanor Day
Boyce, follows in part:
THAT said Damian Gardener died
A
1915: that thereafter said defendant
Eugene r. Day was duly appointed
and qualified as administrator of the
estate of said Damian Gardener de-
ceased, in the probate court of the
county of Shoshone, state of Idaho;
that he did not request or desire such
appointment as such administrators
but only consented to the same upon
the earnest solicitation of Mrs. Ber-
tina Gardener Pauchet, the daughter
of said plaintiff, who requested him
to accept such appointment and to
act as such administrator upon be-
half of herself and the said plaintiff
and the only object and purpose he
had in accepting such appointment
was in so far az lay in his power to
preserve the property of said estate
and see that 1t was distributed to the
persons legally entitled thereto. 80,
Fully Informed Mrs. Gardener. af.
g That some time after his appoint
ment as such administrator and dur
ing the summer of 1916, and before
his discharge as such administrator
he had a conversation with said plain
tiff. Mathilde Gardener and during
said conversation he advised her as
to the physical condition of the Her
cules mine, of the properties of said
Hercules Mining company and as to
the purchase of certain mining stocks
and OF a half of the capital stock of
the Northport Smelling & Refining
company, a corporation owning a
smelling plant at Northport, in the
state of Washington, and also as to
the purchase of three eighths Of the
capital stock of the Pennsylvania
Smelling company, corporation own
ing refinery and ore smelter at Car
negie, in the state of Pennsylvania
and that during said conversation
said Day called plaintiffs attention to
the fact that the partners in the said
company were in better position than
they ever had been before in the mat
ter of smelling their ores. refining the
product thereof and in marketing the
refined products that is to say, he adj
yised her that they We're not any long
er dependent upon antagonistic smelt-
ers or refineries to smelt and refine
their ores, and that by reason of the
ownership of said stock in said smelt-
err and refinery, they were in the in
dependent position of having their
ores from their said Hercules mine
pass through the various and neces-
sary treatments from the mining
thereof to placing the refined product
in the hands of the consumer.
Mrs. Gardener Invited to Inspect the
Mine.
Defendant made it plain to her in
such conversation that the Hercules
Mining company was not operating
the said smelter or refinery, and at
such time requested that she visit the
said Hercules mine at Burke. in the
county of Shoshone, state of Idaho,
and advise herself as to the condition
of the property, the improvements
that had been made thereon and as
to the physical condition of the mine,
and at said time offered his automo-
bile for her use to take her to Burke !
and that she declined such offer and |
refused to visit said mine and mining /
property.
Harry Allen Gardener Agent.
THAT on the 18th day of October, |
1916, the decree of distribution was
signed and filed in the said estate of |
Damian Gardener, deceased, distribu- 1
ting to said plaintiff all of the prop 1
erty mentioned and described in the |,
conveyance, of which Exhibit A at
tached to the bin of complaint herein, II
is a copy, and thereafter and on said
day. said plaintiff. called on Eugene
r. Day at his office in Wallace, at
which time he turned over to her the
cash which he had on hand and which ]