Evening capital news. (Boise, Idaho) 1901-1927, 1917-03-19
plaintiff is n resident of New Mexico.
WOULD RESCIND SALE

'A-SSI'NC SALE.
Damian Gardener, q pioneer merch
ant OF Burke, Idaho, and native of
Spain. purchased the one-sixteenth
share Of the Hercules mine from Harry
orchard, self-confessed murderer OF
Frank Steunenbcrg. ex-governor of
Idaho, and others. now serving a life
term in the state penitentiary in this
city. On his death Mrs Gardener fell
heir to it. She recites in the complaint
that she was induced to part from her
share in the mine for $4,000, the
total value of the property having
been represented to her as So, 600. 900,
when in truth and fact she alleges that
the property was worth 5000. 600.
that she was frightened into selling
her one-siXteenth interest by Harry
r. Allen, who she says rcpresented
Eugene Day and in whose integrity she
says she believed. She asks the court
to order the return to her of the one
sixteenth interest, 4 physical examin-
alton of the mine to determine its val
ue and an expert auditing of the
books.
The complaint is a voluminous one
ana has been forwarded to the court
now sitting in regular session at Poca-
tello. 1t recited at length the alleged
proceedings which resulted in the sale
of Mrs Gardeners interest in the Her
Culcs mine.
ESTATE FOR WIDOW AND GIRL.
Mrs. Gardener says that during his
life her husband was a member of
the partnership in the Hercules mine,
which carries large veins of mineral
ore from which enormous profits have
been made; that aside from the mine
proper the partnership owned smelters.
stocks bonds, etc. Damian Gardener
died at Las Palmas, Canary islands,
Feb. rs, 1915, leaving as his sole heirs, /
the plaintiff, his wife, and their daugh- /
ter. Proceedings for the probate of his
estate were duly instituted in the pro-
bate court and Eugene r. Day, it is
alleged. was named administrator of
the estate, the principal value of
which was the interest in the mine.
Later the regular proceedings in the
probate court were carried out and the
interest in the estate including the in
terest in the mine given to Mrs. Car
loner.
BUT TWO PAYMENTS ALLEGED.
1t is recited in the complaint that
Mrs. Gardeners husband administered
his affairs and that she had little
knowledge OF business matters; that
after MS death she kne nothing about
ne earning capacity of the Hercules
nine except that the property was of
great value and she left its admins
ration to those in control, principally
eugene Day. She recites in the com
olaint that she had inquired several
lines of the latter about the earning
of the mine, but had been
;iVen evasive answers. she alleges
zone of which, she says, aroused her
uspicions. While the estate was being
she says but two divi.
lends were paid to her from the mine
although, she says, as plaintiff has !
ince learned, the earnings would have
warranted much more frequent and
.reater payments. and plaintiff AYERS
hat the distribution of profits was
postponed in order to mis-
Fad her as to the earnings and value ,
T the mine"
1t is recitcd that on several occa
ions Eugene Day inquired of the
laintiff if she wished to sell her in |
crest in the mine, but on each she d
eplied she did not. Immediately after !
ne closing of the estate she recited
he was approached by Harry R. Allen, 9
man in the employ of the Days.
All of the defendants named in the 4
are well known in Boise.
he Markwells named therein are at
resent heavy property owners in this v
ny The progress of the case will $
lerefore be watched with a great deal a
interest. Is