The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-03-22

both attorneys of much prominence IN
tho east visited this city. Following
their departure 1t was learned tha'
they were here as attorneys for MIS-
Mathilde Gardener. widow OF the ate
Damian Gardener; that they hao
made a careful investigation of the
record of the probate court IN the
matter Of will and disposition OF the
estate of Mr. Gardener, when con-
sisted chiefly of one-sixteenth inter-
est in the Hercules mine. This IN
terest had been sold to the admins
traitor of the estate, Eugene H. Day,
and his sister, Mrs. Sleanor Day
Rovce, and it was stated that the at
fornevs for Mrs. Gardener formally
demanded the restoration Of the prop
ertv and rendered the money that had
been paid, which was refused since
that time it has been common knoWl-
edge that preparation was being maze
10 bring suit for the recovery OF the
property. Papers were last week III
ed in the United States court for the
district of Idaho at Boise, in which
demand is made for the return of the
interest to Mrs Gardener, an exam
nation of the mine and complete
audit of the books of the Hercules
company. Associated with the east
ern attorneys for Mrs. Gardener are
Graves, Kizer 4 Graves, or spokane
The case is the most sensational that
has ever developed in connection with
mining in this county. All the parties
concerned are intimately known here,
owing to long residence and promin-
ence in mining affairs. The details
are therefore of absorbing interest
and here given;
List of Defendants.
In addition to Eugene r." Day ana
Mrs. Eleanor Day Boyce, the defend
ants named are Edward Boyce, Harry
l.. Day, Jerome j. Day, i. M. Roth
rock, L. W. Hutton, August Paulsen,
+. P. Maxwell, c. A. Maxwell, Mary
Seaton Maxwell Effie Loebaugh
Maxwell, Elizabeth Smith Maxwell
Buchanan and Harry r. Allen, a
greater number of the latter for the
purposes of discovery, it is stated. The
residences of the Day brothers is CIV
en- as Idaho, Messrs. Rothrock, Hut
ton and Paulsen as Washington, and
the Maxwell family as California
Mrs Gardener resides in New Mexico
Mrs Gardener says she was induced
to part with her interest for $312,500
whereas she has since learned thai
the true value of the whole property
is about $30,000,000 In the bill o.
complaint, she alleges, she was fright.
ened into the surrender by statements
from Harry r. Allen, who represented
Eugene. Day. and in whose integrity
she believed.
Told Mine Was Worked Out.
She says Allen told her the mine
was practically worked out, the Days
We're specializing in the metal mar
kets and likely to lose everything, ant
claimants in Spain were likely t6
make trouble over the will of her hus.
band which she could escape by con-
verting her mine interest into cash,
She tells of her confidence in the in
tegrity of Eugene r. Day whose APP
pointment as administrator of hel
husbands estate she approved; tells
of her advanced age, i'll health, for
eign birth and ignorance of her hus-
bands business affairs.
What Complaint States.
The complaint states:
Plaintiff is the widow of Damiar
Gardener, deceased, who for a long
time prior to the year 1906 was cit
izen and resident of Idaho" says the
complaint. From 1906 until his death
he resided in Spain, plaintiff living
there with him.
During his lifetime Damian Car
doner was a member of a mining
partnership known as the Hercules
Mining company. which was formed
and conducted its business under the
statutes relating to mining partner
ships, and at the time of his death
was composed of himself Eugene r
Day, Eleanor Day Boyce, Edward
Boyce. Harry l.. Day, Jerome J. Day,
+. NJ. Rothrock l.. w. Hutton, August
Paulsen, f. p, Markwell, G. A. Mark
well, Mary Seawel Maxwell, Effie
Loebaugh Maxwell and Elizabeth
Smith Markwell Buchanan. The de-
PENDANT, Harry r. Allen, at all times
herein mentioned as in the employ of
the defendants, Eugene r. Day and
Eleanor Day Boyce.
The partnership owned number
of patented and unpatented mining
claims, water rights, easements and
appurtenances, all situate in Shoshone
county, Idaho, and operated as an en-
tirety as a mine. which was commonly
known as the Hercules mine, and is
hereinafter referred to by that name.
The mining claims carried large veins
of valuable mineral bearing ores, and
the Hercules mine at the present time
and for a good many years heretofore
is and has been worked and operated
as a mine, large quantities of ore be-
ing extracted therefrom and enormous
profits being made from the mining
operations.
Owns Smelters and Refineries.