New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-05-12

THOMAS ROGERS MUST PAY 10000 OR 60
TO JAIL.
SURROGATE sILKMAN. OF wEsTcTEsrER. GIVES
A DECISION ~ THE CASE AGAINST THE
TRUSTEES OF THE ESTATE OF JASON

SURROGATE srrKMAN. OF wEsTcTrEsTER. GIVES
A DECISION ~ THE CASE AGAINST THE
TRUSTEES OF THE ESTATE OF JASON
ROGERS THE LOCOMOTIVE BUILDER.
Surrogate Theodore II. s!lkman in handing down
his decision In White Plains yesterday in tho ac-
counting # Thomas Rogers and William Caulc-
well. trustees OF the estate OF Jason Rogers.
fined Thomas Rogers $4,000 for Misrepresentation
OF tho funds o. the estate II the fine is not paid
forthwith NJ. Rogers IS to be kept in close con-
hnement in the Westches;er County jail until It
has been made good.
Jason Rogers was one OF the owners o. tho
Rogers Locomotive Works. NJ his death IN 1859 he
left an estate valued at several million dollars.
portion OF this estate was invested in stocks. His
SON Thomas with the latter's tather-in-law. WILL
lam Cauldwell appointed trustees OF the
estate. Mr. caldwell was at one time State
Senator.
The following extracts touching vital points
issue from the Surrogate's decision:
This is a proceeding TO punish Thomas Rogers
ana William caldwell. the trustees. for contempt
OF court in failing 10 comply with the decree en-
pay to Ma" Mary j. Westerield sSoi Is and Flora Z.
Rogers S>5.r,2 - with costs: ~
Tho decree appealed from. but the Appellats
Division of the Supreme Court affirmed the Surro-
gate Judgment was entered upon the order OF AZ
The respondents introduced record. from which
trns,ees misappropriated to his own use $1,000 Of
tho trust estate whch ncludes i9e sum Ere rec'f
4
Rogers or this sum. about $4,000 taken by
William Cauldwen without the knowledge OF his
CO. trustee. Thomas Rogers. and the balance,
about $4,000. was taken with the consent and con-
niVance OF said Rogers. In order 10 secure the
trust estate William Caldwell has turned over
| large amount of his property within and withou.
the State which property is in the hands OF
Mr. Shiaber. the substitute trustee. but Mr.. Rog-
has neither paid the money directed TO be paid
by decree nor endeavored to secure the trust GU;
OF his own property.
tation and II was until his old age. in weak
moment that he began to borrow money from tho
estate 10 protect his private business and enter
prsrs II appears that he has transferred 10 tho
substituted trustee substantially his entire prop
| .rtV in order that the trust estate may be maOo
! whole The Surrogate therefore denies the motion
prve him of his personal liberty until his actual
deficiency IS determined. but leaves 10 the moving
parties the right to renew their motion. alter y
iidudaton OF the collateral delivered by CauldweI
SO far rs Trustee Rogers Is concerned. dlnerehI
aspect is presented 49,. 49,,
moneys misapproprlated by Caldwell. at the Same
time IL IS alleged he accessory TO tne
taking OF more than 10000 OF the amount msap.
proprlated and Il due TO his negligence ana
careessness that the fraud made possible:
and after Cauldwell had confessed his Illegal set
until after the decree OF the Surrogate had been
entered. The trustee Rogers. knew Mt the I'm,
q of the decree that the money dlreCle.
TO be paid had been misappropriated ana mas no.
since shown any disposition to make the ainouI.
good for which he is legally responsible. aItnoukn
he did not pretend that he was able 10: 40 20.
He has acted In wilfl contempt OF the Court IN hos
doing everything IN his power in the sun enues
his own estate for the satisfaction or the amount
directed be paid by the Surrogates deorec'