Bisbee daily review., 1909-06-23
PRESIDENT OF FOUR METALS
 C0 Gu|LTLESs
Charge of Destroying the Court Records Against c. H.
 Gardner Dismissed

TUCSON, June 2l.-The criminal charge preferred by Hon. Eugene S. Ives against c. H. Gardner. president of the Four Metals Mining company. of mutilating certain papers of the district court of Cochise county, was heard before Justice o. T. Richey, and ater a full hearing. the charge was dismissed.
 The matter arose out of suit pending before the district court of Cochfse county in which Bernard J. Mack as plaintiff had brought suit against s. F. Johnson to have a sale of some 6O0,000 shares of stock of the Four Metals Mining company. made by Mack to Johnson, set asiae on the ground of fraud.
 J. A. Hunter of Denver, who is the attorney for Mack, obtained an order of the court at Tombstone requiring Johnson to produce for Inspection and the right to make q copy. of certain papers and contract which he tJohnson) had in his possession. These papers were purchased by Johnson's attnn E and were left at the ofice oHe f'AM. Franklin. the attorney tNat Ir Metals Mining company. Q tNer Mack's attorney could inseecteo D. Among the pa -pers so hsP cerl were number oi blank sSecs- cerNficates of the com. pany. in a aN~tkihcate stock book each of which hsd some months be- fore. been signed by C. H. Gardner as president. and which he had left with Mir. Johnsons as secretary. so that when it became necessary to is sue them. the secretary could do so without having to send them to. the president for his signature. Some time after these blank certificates had been signed and so left with Johnson. as secretary. Johnson was removed from office by the board of directors of the company. it being charged by the board that he had il legally issued stock of the company to himself and others: that he had failed to keep stock books as requir ed by the laws of Arizona; that he books. and in other matters had vio- lated his duty as secretary.
 When Mr. Gardner saw these blank certificates which had been left in Mir Franklin's ofice for the inspec, on them. and fearing that Johnson
 
 these certificates. he drew line through his name. so that they could not be used. He did this as a mat ter of protection for the company and to prevent Johnson, who still claims to be secretary. notwithstand ing his removal by the directors oi the company. from filling up the eer tificates and issuing them as valid certificates of stock to innocent pur chasers.
 It being proved at the hearing be fore Justice Richey that the blank certificates were papers belonging to the company. and were not papers oi any court, and that Mir Gardner, as president of the company. had the right to cancel his signature to them the charge against him was dismiss ed
 Mir. Gardner lives in Blandensville Illinois. The mines of the compan, are about three miles south iron Mowry, Santa Cruz county. and ars reported to be very valuable. Be cause of litigation which IS nov pending over the efforts of the direc tors to remove Johnson as secretar. and general manager. work at tn, mines has been suspended. but al the action of the directors has nov been ratified at meeting of thu stockholders held on the first day o this month. the directors expect tha Mfr. Johnson will soon be eliminates as disturbing factor and work vii soon again be resumed.
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