The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1904-07-28

WHO IS THE TRUSTEE M THE
8ANKRUpncY CASE or THE RAN
DoLPH COAL q LUMBER co.

DoLPH COAL d LUMBER co.
a. Result Of Squabble Over the Sale .
Personal Property Of Bankrupt Yer
Acute Has Become This Alread
Famous Litigation.
An exceedingly interesting dis
cussion took place Monday afternoo
in the u. S. District Court, befor
Judge John j. Jackson, in the matte
of the bankruptcy of the Randolph
Coal Lumber Company, says the Par
kersburg Sentinel.
This case has attracted a grea
daI of attention by the reason of tn,
amount involved, the high standinl
of the parties engaged in The 1itiga
ton and the peculiar circumstance
of the case.
In june, 1908, John B. Hart ant
others instituted a suit in the Circuit
\ Court of Upshur county, against
Charles H. Williams and the Ran
doIph Coal & Lumber Company to n
force specifically a sale claimed t.
have been made by John B. Hart, a
trustee, for certain members of his
family, which sale was made t.
Charles H. Williams and others Of
Philadelphia. The sale comprised
Il, 500 acres of timber and coal land
in Randolph and Upshur county, saw
mills. IS miles of railroad, a number
of horses, a stocbk of goods and Other
property.
In July following the suit, the cred
itors of the Randolph Coal & Lumber
Company placed its affairs in the
hands of receiver, and the petition
ing creditors obtained an injunction
against Hart and others from presecu-
ting the suit in tine Upshur Country
Circuit Court. This injunction was
dissolved in January, 1904.
Some time in June last, the plain
tits and petitioning creditors obtain
ed a reinstatement of this iniunc-
ton. An order of sale was entered
by Referee johnson for the stock of
goods, horses and quantity of logs.
Hart and others gave notice OF q
hearing before Jlldg jackson on Mon
day, of motion to dissolve the injunc-
ton inhibiting them from proceeding
with tine suit in Upshur county.
On Monday Charles II. Williams Ill
ed an affidavit in the equity proceed
ines, charging A. o. Amman, trustee in
bankruptcy, of CIarksburg, with having
become partisan of the Harris, and not
discharging mis- duties as trustee in bank
ruptcy. and asked the Court to direct
a reference to Referee johnson to in
quire as to the equities and rights OF
the Randolph Coal & Lumber Company
in the matter of the sale of the real
estate by Hart to Williams. 1t came
out in the argument and hearing before
Judge jackson, that Hart is settling
with Williams as to the purchase money
accepted $4,000 in cash on the End OF
January, 1908, and took the notes OF
the Randolph Coal s. Lumber Company
for the balance of the purchase money
s2s5. 900. and that these notes We're still
held bv Hart. The petitioning creditors
and Williams, therefore claimed that It
was the duty of A. o. AMMAN, the trus
tee. to administer the real estate and
the railroad, in the Bankruptcy Court.
Hart and the original owners denied that
the Randolph Coal s. Lumber Company
had anything to do with the real estate
and the railroad.
Thereupon the trustee, AMMAN,
through John Bassel, his attorney, filed
an affidavit charging Williams vita hay
ing interfered with the sale made by
the trustee OF the personal property
Thereupon Judge jackson awarded a
rule against Williams, continuing the
motion to dissolve the injunction, and
directed refercpce to George W. John
son, to ascertain whether the Randolph
Coal & Lumber Company had contract
for the purchase of the real estate.
John W. Davis, of Clarksburg, repre-
sented Hart and others, John Basel, OF
the same city, the trustee, while " b
Archer, of this city, represented the pc
tftioning creditors and Williams
The litigation has become very acute
The property is extremely valuable and
the creditors of the Randolph Coal &
Lumber Company and Williams claim
that the land is worth more than $235,
600, and that the railroad is worth $l50,-
900, and Williams claims that he is the
indorser ON the Randolph Coal & Lum.
Der Company notes, and that therefore,
the railroad and real estate should be
sold through the bankruptcy court.
Daughter Born to Mr.. Binns.