Evening capital news. (Boise, Idaho) 1901-1927, 1917-12-08
OTHER SIDE Of
HERCULES Mine
STORY IS TOLD
Testimony Given at Occur
d'Alene Hearing Showing
E. R. Day and Others Paid
Fair Price.

S"AA - OesA SAVAAOA 44VAN w A40VV
No Just Cause for Com
plaint-B Fee at Stake
Mime Returns Amount
to Millions of Dollars.
The Hercules mine. the richest
silver lead mine in the world reported
to be worth between $30,OO0,000 and
350,000.000 was worth only $4.00O.000 in
October, 1915. according to l. w. Hut
ton, one of the principal members of
the partnership that owns and operates
1t. Mr.. Hutton testified at Occur d.
Alene In the suit Mrs. Mathilds Car
doner has brought against Eugene r.
Day, his sister Eleanor Day Boyce, and
their associates to rescind the contract
whereby he transferred her one-six-
teenth interest to the Days for S370,000
giving them control. She contends her
interest, at the time it was sold, was
worth lie of the $30,o00,O00.
MUTTON FEARED MINE WORKING
OUT.
Mr.. Hutton declared he considered
100000 a fair price for the mine at
the time OF the sale. Mr.. Hutton SAID
the prospects were not bright as there
were GROUNDS Tor rear the mine was
working out lie cited the experience
Of the Tiger. Poorman, Standard, Nam
moth, Frisco and Gem mines, which
had worked out when they went too
deep. just as. at that time, he believed
the Hercules was getting too deep.
August Paulsen, another large owner
In the hercules, TESTIFIED In The same
vein. he declared the price, *3io,oOU,
paid Mrs. Gardener FOR her sixteenth
ana was more than ne would nave PAID
lor IL then. He' however, mad ADVISED
Mrs. Gardener not TO sell when she mad
asked MS aoVlce BEFORE the deal was
closed. He admitted his sentimental
interest In the mine ana declared ne
intended TO hold MS interests TO the
last as he mad started with the Hercu-
es mine.
ATropNEvs LAVE a,c srAkE
The big stake for which Mrs. Car
doner is playing in the present suit is
not the only one involved. Attorney C..
w. Beale of counsel for the defense
ELECTED the admission from Joseph r.
Wilson of Philadelphia. the personal
attorney of Mrs Gardener, that he was
to receive a conditional fee equal to
onetwelfth of whatever above $4,000
that Mrs. Gardener might receive as
the result of the present suit. This
one twelfth, Mr.. Wilson admitted, is to
be shared with his associate counsel,
Graves, Kizer & Graves of Spokane
n'prian Of
York. Attorney Beale declared that
Mr.. Wilson had also received re-
tainer of $4,000. Objections We're sus-
tanned before Mr.. Wilson could answer
this allegation.
General surprise WIS indicated when
Attorney Graves, of counsel for plain
tiff. said that it would be impossible
to prove the sensational allegations of
the complaint to the effect that H. r.
Allan waS renreaeptotiva of tha nov
Rrotbers in the negotiations which led
to the sale Of the Gardener interest in
the Hercules mine at Burke
CHANGES ESTIMATE.
Attorney r. w pe,,e cross-ex.m;ned
Mrs cardona for ER nav and Flea
nor nav Rovce e,icitiny the fact tb,,
IN divorce rec, SUI. or0usnl AGAINST her
nusuahu ""no .ne' "ee e III
had alleged that the Hercules was
worth 100000. The sale of her in
terest was upon the OASIS OF value OF
*S,o0o.ooo.
In the nearing or that divorce case
MRS. Cardoner on the STAND testified
as 70 ner work IN ner huspands stores
her knowiease OF MS business ana tne
Vaiue OF MS hoioihss' ms was OF
lereo 70 relu'e ner cam 70 ishorahce
OF ms affairs anu Vi BUSINESS nie'hoos