The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-04-06
SERIOUS CHARGES
AGAINST A TRUSTEE
G. A. cOray Secures an Injunction Upor
a Sensational Petition.
j. S. JENKINS THE DEFENDANT
own Use stock Which lie Held In
Trust for the Complainant and that
lie Was Guilty of Deception and
Fraud in Management of a Com.
pany-- Trouble Encountered In ss-
curing the Injunction.

features was instituted here yesterday
against John 5. jenkins, of West
Pittston, by Elisha A. Coray, the well
known coal operator, who some years
ago was extensively engaged in the
coal business here.
In the declaration, allegations are
made that the defendant has been
guilty of mismanagement of the plain
tiff's affairs and that he is endeavor-
ing to defraud the plaintiff by dispos-
ing for his own advantage, of 200
shares of Rushbrook Coal company
stock which he holds in trust for the
plaintiff
A preliminary injunction, return
able next Friday at II o'clock II. m,
was granted by Judge Simonton, on
motion of Attorney Agib Ricketts,, of
Wilkes Barre. The injunction calls
for an accounting between the parties
and restraints the defendant from dis
posing of the stock in question. The
complaint in full is as follows:
In or about the year 1857, | employed
the defendant John S. jenkins, as teams
ter in the business of grist MILL which
/ was then conducting in Luzerne county.
lie continued in this employment with
me until the breaking out of the southern
rebellion, when he enlisted and went to
the war. Upon his return he again de-
sired to enter my employment and l
therefore employed him as outside fore
man of my Greenwood coliery. lie con-
tinued in this employment with but little
interruption until the year 1879 when The
said mine went into the hands of a re-
ceived. Meanwhile he had become my
trusted confidential agent.
WAS PLACED IN CHARGE.
Afterwards | placed him in charge Of
the business of the Spring Brook Railway
company, of which business | was the
owner. With the exception of twenty
shares placed in the hands of Louis
Watres and ninety-five in the hands of
A. IL. Chrsty, | placed all the stock Of
the railway company in the hands of the
said defendant. The number of shares
thus placed in his hands being 1897. These
shares were placed in his hands to hold
in trust for me, and the business of the
company was to be conducted for my
use and benefit.
also negotiated n purchase of coal
land situate in Blakely township, this
county. from John Jermyn, for $1o.OOO
The title of this land acquired from said
Jermyn was also placed in the said de-
fendant in trust for me and for my bcne-
tit. Subsequently | arranged to have a
company organized to take this land and
operate ii, and to have the title trans
ferred by the defendant to the said COM
pany. he to take the stock of the COM
pany in place of the land, and hold it for
me in the same trust as he held the land.
This arrangement was carried out and
the Rushbrook Coal company was organ
lied, and the title to the land was trans
ferred to it by the said defendant, and
he took the stock of said company to
hold for me as aforesaid. | made him
the president of the said company.
During our transactions aforemen-
toned, / became indebted to the defend
ant, and to secure him l gave him judg-
ment: and also to further secure him,
the said property items as aforesaid held
by him in trust was made subject to his
claim for my Indebtedness.
| had arranged disposition of the
property of the Spring Brook Railway
company which would have been very
advantageous, and enabled me to dis
charge all of said Indebtedness to the de-
fendant, and have Il convenient surplus
remaining, but such disposition was pre-
vented by the discovery during the nego-
tiations that the defendant had converted
the whole stock thus as aforesaid held by
him in trust for me, to his own use and
transferred it to the members of his own
family and others.
LOSS HE SUSTAINED
The loss thus caused me was more than
all my Indebtedness to him. Discovering
his treachery thus, l have been demand
ing and endeavoring to secure a settle
ment of all our affairs. In consequence
of this an investigation has been recently
made of his conduct OF the affairs ana
business of the aforesaid Rushbrook Coal
company, which investigation has devel-
oped the fact that while l wus trusting
him as my confidential trustee and agent,
he was Systematically defraudinG me. and
that while representing that 1 was large
ly indebted to him he was and is i'm real
ity, upon a just settlement, largely in
debted to me.
! have been unable 10 bring him to an
account and settlement of the aforesai id
matters. | have also learned that he is
cndeavoring to dispose of the shares of
stock of the Rushbrook Coal company
stll held by him in trust as aforesaid al
though recently reelected president Of
the company. The number of shares
thus at present remaining in his hands
is two hundred.
lnaSmuCh as / am thus unable to OBJ
tain from him, without legal process and
also unable otherwise to prevent the
further disposition to my injury of prop
erty held by him in trust for me l there
fore file this bill for the aid of the court.
Accompanying the bill is a copy of a
declaration Of trust signed by Mr.. Jen-
kins, in which he sets forth that the
Rush Brook property is held by him
for Mr.. Coray. There is also a COPY
of an assignment of the property to
be used in case of the trustees death.
Mr. Ricketts, stopped Judge Arch
bald as he was emerging from the
court room to go to his chamber and