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MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 2425, 9 May 1890
ASHBURTON—THURSDAY. [Before Mr C. A. Wray, R.M., and Mr D. Shea Lawlor, J. P.] Following is the conclusion of our report:— | BREACH OP BANKRT7PTCY ACT* In the case of Richard Morgan, charged with the above, the following further evidence was taken :— .. , .. A. M. Pearson, bailiff of the Court, Ashburton, said that oil the 22nd March he received a warrant to break open and search the 'store" of 1 ■'accused at Mount Somers, and also a warrant to search the premises of Robert Jones, Mount Somers. On the 24th, attended with Mr Hardy and Mr Peters, supervisors in the estate. Morgan's store was closed'and,they broke in. There were a few articles there— mostly on the shelves. There were also some under the bed. •' Afterwards went j;o Jones', house, which is a Section • away from Morgan's, but found .npthing, there. Then went ti !\ , V.Vi--"-\ where a large quantity ■■■'('!■ vK ivi .'in i glassware was found. Seized ail the goods in the bakehouse and carried them back to the store. ■'Took them ■ from -. the/store to Ashburton, and handed them over-to the Official Assignee. ' ' ' ;
Samuel Hardley, represented Sargood, Son,' arid Ewen mOhristchurch. Morgan had an account with his firm and on the 22nd November last he owed the firm £127 19s. Witness '. attended a meeting of Morgan's creditors in Wilding's office in Christchurch, on/22nd November, when Richard' White's statement was submitted, and also the one furnished to Mr Revans by' Morgan. Morgan's liabilities as shown by himself were £736 and his assets £1050, or about 28s 9d inthe£. Morgan's statement showed the possession then of the goods mentioned in Mr White's statement. Morgan offered 10s in the £1, unguaranteed, to be spread over 12 months. Morgan said that he became aware in the early part of August that he was unable 'to' meet- his engagements. ■The creditors refused the offer, and instructed him to, file. Morgan promised to go at once and confess judgment on Mr Hayman's bill for ( £l4 odd, after which the .creditors were to send up a man to take charge of the goods^ meanwhile Morgan was to go and file his schedule at Ashburton at the first opportunity. Morgan did not do as he promised, but went out of town. Morgan went afterwards and paid Hayman. If the drapery mentioned in White's statement had been sold in the ordinary way ■of business^' Morgan'would have had £602 to account for. Went with Pearson and Peters to Mount Somers on the 24th November for the purpose of identifying the stock. Found goods' in store and dwellinghbuse as per list put in, arid also found "or-rls \n Jones' bakery - list also |ir.).li!ccil. Wr-y Jones ''told them the bakery was hers; and that Morgan rented it. Pound no boots, no drapery, and only a few old books that threw no light on the business done after September. Found in Morgan's dwellinghouse, at the bottom of a basket, an envelope bearing a memo, of 117 pairs of boots. Was not able to identify the goods in the, bakery, which might be worth £20 or £25. , : By Mr Cuthberfcson : There was something said at the meeting in Mr Wilding's office about" the ownership of the store—that ifc was Morgan's, but another 20-acre block was the property of the children. Richard White recalled said, Grace Morgan, a girl of 16 years was assisting in the business when witness called at Morgan's pLace. Robert Jones had a section near ■.Morgan's at Mount Somers. There was a bakery on the section, which he let to Grace Morgan early in February last. The bakery.was let for,eight weeks at 5s per week, and £2 was paid to witness. Know nothing of the goods taken out of the bakery. Did not know anything about Mogan's business, and could not say when the bakery was let whether the store, was closed or open. ; , ;
By the Bench : Did not know what the bakery was wanted for. It had beeii to' let for some time before Grace Morgan took it as witness had given up business. Mrs Jones, wife of last witness, 1 remembered Messrs Hardy and Peters coming to her place, and asking her to go to the bakery. Had no knowledge of i what was in bakery at the time. The ■> window ,'was 'covered up when she went with" them. Thought a sack was used'as a curtain. Was about the place more ok less • all the time the bakery was let to Miss Morgan, but had no knowledge of what goods were put into the bakery. 'Saw Grace Morgan in March. The family went to Duiiodin to the Exhibition a few days before Hardy and Peters came up and searched the. bakery. J\ ,1 } ■■■..] t goods at Morgan's store in Fe'.-i: \\ and produced receipt for the purchases. The bill was settled on the 6th of March. Was served by Grace Morgan, who was behind the counter.
Ruth Morgan, twelve years of age, 'second daughter of accused, said her.sister Grace was ,fifteen,years bf age.;': Recollected the arrest' of her' father,' Richard Morgan, on 25th March. Came back from Dunedin the day before the arrest. Was four day's" in'Dunedin. Grace, Clara, and father were with witness in Dunedin. Could not say; why.'. Had not been. told and did not ask. .', Recollected hearing that some of her fathers-goods had been found in Jones' bakeryJ but did not know when they were taken there, nor that Grace had taken the bakery. "Was .at the store—in arid out—all day' usually. -Was not at the store for a week before the Dunedin journey,, and though shoUiad told the Official Assignee that goods were there at that time he made her, say things she did not know anything about. The store, was full ac ~ rLr ' -1-. L i-; f - -.- 'v .^. Dunedin journey. *• . .■■;■. taken away in the usi: !■■.-. .. ' . ■ The evidence .given by her before the Official Assignee was given in answer to questions put to .her in such a waj. :■ :' she did not understand what she was' v. ■ Told the Assignee that if the goods were taken away in the daytime she must have known it. By Mr Cuthbertson—Father was in gaol when these questions were asked by Bell. Mrs Todd ; was by a part of the time—the rest of the time no one was by. The land the store stands on is the 'property of sister Grace and brother jjohn, and was left to them by uncle's will. • This closed the. case for the prosecution. The Bench said there was a case to go before a jury, and accused would be committed for trial at the next sittings of the Supreme Court at Christchurch, bail being allowed in two sureties of £100 each, himself in £200. v - , T -,' , The Gourt then;k>S6.- -
MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 2425, 9 May 1890
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