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Earl Burt Jenney Is Exonerated by S. Judge Cooper Indictment Against Endicott Banker Accused of Using Mails to Defraud Is Dismissed in Federal Court and Bail Is Discharged WILL ASK TO BE FREED OF BANKRUPTCY Earl Burt Jenney, former president of the United States Capital Corporation and the Endicott Co. Bankers, who was arrested in June, 1923, charged with using the mails to defraud after an investigation by a private detective and who was indicted on the charge short time later, has been exonerated by Federal Judge Frank Cooper of Schenectady who yesterday signed an order dismissing the indictment against Jenney and discharging the ball bond for $10,000 given for his appearance in Federal court when received late yesterday afternoon from Utica. according to word The dismissal of the indictment After the detective had worked as is the culmination series stock in the Jenney for several weeks charges made against Jenney resulted in turned his information over to the and by which on the of the Endicott Federal which resulted in Bankers on June 1923 and the arrest. The principal evidence resulted in action for $1,500.- against Jenney consisted of circulars 000 damages brought Jenney pertaining to the financial status of Johnson and the United States Capital Corporaagainst George other members of the Endicott tion, one of Jenney's four subsidiary Johnson Corporation on charge organizations for the development real estate in West Endicott The conspiracy to ruin him. The civil action by Jenney was dis- Federal claimed that missed in Court, after the these figures and Endicott Co. Bankers, had been ad- statements that were false and that several of them were through judged in the the malls to prospective stock cusThere original indictment all of which tomers. Jenney after his arrest started his leged that Jenney attempted to fraud Maurice E. Page by misuse of civil action charging that George Johnson George W Johnthe mails. son and other members the En. Harry C. Perkins who appeared dicott Corporation were in for Jenney today that proceed to cause his ruin be. ings will be started within few cause they unable dominate to have Jenney and control his banking business in from and is likely the village of Endicott and because that Jenney will go West, to make they desired to own. and control his a fresh start in the business world real estate holdings in the town of Preparations for the trial of the indictment have been going for In statement made while he was some time, Perkins said. and until in jail Jenney said in part: just recently expected that the charge of using the mails to "My trouble began when purfraud would be pressed against chased the LeBaron property opJenney posite the factory in West Endicott. Arrested in 1923 it was zoned for rest- Jenney was arrested by Deputy United States Marshal John Shay on the complaint of Postoffice spector Harry Morganroth and he was released on bail on June 1923. Rumors spread Endicott following the arrest of Jenney and Fred August Balden eashier of the bank that the Endicott Co. Bankers were insolvent and as result started run on the bank at 48 Washington avenue, Endicott The arrests of Jenney and Balden was brought about an vestigation conducted by Major G. W. B. Witten. private detective representing the Investors' Vigilance Committee of 42 Broadway New York and was instigated by the dicott of The complaint in the case was based on affidavits sworn to by Harry Whittaker, former agent and bond salesman for Jenney and George Leslie Decker, assistant trea. surer of the United States Capital Corporation and also employed in the Endicott bank. The main part of the investigation was made by private detective. dential purposes to defeat my plan for business Later succeeded in having the vilfage trustees amend the zoning ordinance to make the property usable for During the run on the Endicott Co. Bankers, stated that the paid out $160,000 and that if left alone he could pay off all depositors with Interest and for the benefit of all. He fought persistently to oppose a receivership for the company Jenney in his civil action declared that Whitten made false and fraudulent statements to the attorney general of the state as to the different enterprises the Jenney interests were concerned in, particularly the United States Capital Corporation. with the result that an investigation was called for May 1923, at bany. While this meeting was in progress and Jenney was present, he claimed that representative citizens was held in Endicott in the diner of the E. Corporation in which public attack was directed against the Jenney interests.