The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-03-22
Mrs Damian Gardener, Widow of Pioneer Merchant of
Burke Saws She Sold Her nterestn Hercules Mine Through
Fraudulent Representation and Demands Restoration of
Property.

! sessing complete information concern
ling its value and the profits arising
from it's operation. Damian Gardener
owned a one sixteenth interest In the
partnership and the partnership prop
| erty
Days Ability Recognized.
| "Damian Gardener died at Las Pal
mas Canary islands, on Februayr rs,
1915, leaving as his sole heir the
plaintiff and one daughter. His part
nership interest in the Hercules mine
and in any other realty and personal
~ owned by him was owned by the
community composed of himself and
plaintiff. Proceedings for the probate
of his estate were duly instituted In
the probate court of Shoshone county,
Idaho and in July, 1915, the defend
ant, Eugene r. Day, was appointed
administrator of the estate.
1.-The principal value of the estate
consisted in the one sixteenth inter-
est in the Hercules mine, and the said
Eugene r. Day was appointed admin
istrator of the estate because he was
more familiar with the values and
profits of the Hercules mine and was
better fitted to manage and conserve
Gardeners one sixteenth interest
therein than any other person would
have been, and the order appointing
him as administrator recited that he
was appointed because of his peculiar
knowledge of mines and mine values.
and particularly Of the Hercules group
of mining claims.
Such proceedings were thereafter
had I'm the matter of the Gardener es-
tate that on October II, 1916, the pro-
bate court of Shoshone county, being
then and there possessed of complete
jurisdiction in the premises made
and entered an order settling the adj
mnistrators final account and de-
creeng final distribution of the prop
erty of the estate within the state of
Idaho BY the decree all such prop
erty, it being the same property de-
scribed in the conveyance hereinbe-
fore referred to, was distributed to
and decreed to be the property of the
plaintiff as the widow of Damian Car
doner.
Could Not Get Information.
Plaintiff is 63 years of age, of for
egn birth and unacquainted with the
business customs and laws of the
state of Idaho or of the United States
She is and for several years has been
lin bad health, suffering greatly from
asthma and nervous disorders super
, induced by that disease. During the
lifetime of Damian Gardener he man
7 aged all the business affairs and pro-
{ perty of the community composed OF
himself and plaintiff, and never gave
) plaintiff any definite information con
| corning it's values or earnings.
, AT his death and afterward plain
tiff knew nothing of the value or thu
earnings of the partnership propert,
! aforesaid, having no more than {
J general impression that it was o
: considerable value and that the re
| turns from it We're large. She knew
, that the defendant, Eugene r. Day
had for long time been the man
: ager of the property and understood
that his management had been very
. successful, and believed his bushes!
capacity and integrity might be care
+ fully relied upon, and 1t was because
J of her confidence in his integrity an(
her belief in his thorough acquaint
ance with the partnership propert,
that she desired his appointment al
administrator of the estate.
Her inquiries Evaded.
/ After his appointment as admins
, traitor she sought on several occasions
to ascertain from him the value of the
, property and the average returns
therefrom, but he evaded her inquir.
, les without arousing her suspicious
and gave her no definite information
concerning the same.
Says Allen Came as Friend.
During the progress of the admin.
istration but two payments We're
made to the Gardener estate as divi-
dends from the mine, although, as
plaintiff has since learned, the earn
ngs would have warranted much
more frequent and greater payments
and plaintiff AYERS that the distribu-
ton of profits was purposely postpon
ed in order to mislead her as to the
earnings and value of the mine,
ION several occasions while the adj
ministration was in progress Eugene
r. Day inquired of plaintiff If she
wished to sell her interest in the part
nership property. but she declined to
consider the sale.
Immediately after the close of the
administration, in the latter part of
October 1916, plaintiff was approach
ed by defendant, Harry r. Allen, a
man in the employ of the defendants,
Eugene r. Day and Eleanor Day
Boyce, and who in the transaction
next referred to was acting under the
direction, and in the interest of the
defendants, Eugene r. Day and Ele-
amor Day Boyce.
Told Mine Worked Out.
Allen, processing to speak purely
as friend to the plaintiff, falsely and