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DISTRICT COURT, Ashburton Guardian, Volume VII, Issue 2434, 20 May 1890
ASHBURTON—TUESDAY. (Before His Honor Judge Ward.) IN BANKRUPTCY. In re. Henry Cape Williamson. Public examination. "Mr 0. W. Purnell appeared for the Official Assignee, and Mr T. W. , Stringer for the bankrupt. The bankrupt was also charged with several acts of fraudulent bankruptcy, and ■ was brought up from Lyttelton Gaol, on the warrant of His Honor. After some argument as to the legality of hearing any witness at the examination other than bankrupt—His Honor decided to proceed with the examination and -. oankrupt went into the box and was examined. -By Mr Purnell—At the time of his bankruptcy was master of Flemington school, a position he had occupied since Ist June, 1881. Was receiving £156~per - annum at the time of becoming bankrupt, and had a free house. - Ceased to be paid as Secretary to the Cheese Factory six months before filing, but previously to that had been receiving £20 per annum. In June .last arranged with his creditors, and assigned all his property to them on the understanding he was to receive a clean receipt.- Among his property were ■a'waggonette, horse, and harness. These were also assigned. Did not ask Mr Andrew Dawson to purchase- the waggonette, etc., from the trustee for hiui, .nor did he.request Mr Bullock to ask him. ; Spoke to Mr Bullock as to the. possibility of the property being purchased for witness^ and Mr Bullock said ifc could. Subsequently saw Mr Dawson who went with bankrupt to look .at the vehicle. While they were doing this Mr Bullock called Mr. Dawson into his office. Left then, and saw Mr Oullen, who in course of talk said " Let us go and see if Dawson will do it for you." Saw Dawson coming out of the office, who said it was all right, that he was to buy the waggonette for bankrupt. The terms were that bankrupt was to pay Dawson £20, coming to him from tihe factory, and that Mr Bullock was to take a bill for the remaining £20 lOej 6d. It was purely a friendly transaction on the part of Mr Dawson. Paid Mr Dawson the £20 but the balance had not been paid. On the 27th of the following December, Dawson obtained judgment for the balance-in the R.M. Court. On the 26th of October borrowed the sum of £21 from Mr Alfred Curtis to pay Mr Dawson. To secure Mr Curtis gave him a promissory note and a sale note. Could not produce the promissory note; but it was current at the time of his bankruptcy on the 11th of January. Banked the money received from Mr Curtis. Mr Dawson saw him once, at the school gate, and pressed him for payment. Did not then tell him about the dash received from Mr Curtis. Saw Mr Crisp on the 7th Dec. who was pressing on Mr Dawson's behalf. Did not then say anything about the money, and did not say the waggonette belonged to Mr Dawson. Would deny that he had offered to write to Mr Dawson saying the waggonette was his, and would also deny that he had offered to leave the trap at Scott's for Mr Dawson if .the money were not paid within a week. Had stated in the Magistrate's Court that the money received from Curtis had been stolen. On the 28th October gave Mr Curtis a bailment over what was then the whole of bankrupt's property. Had no knowledge where that bailment was. Mr Dawson levied execution, and bankrupt filed. ' By Mr Stringer :—When the first payment of £20 was made to Mr Dawson the latter gave a receipt (produced) showing a sale of the waggonette to bankrupt. rlhe cheque received from Mr Curtis was paid into the bank with other moneys, in all about £40. Drew a cheque on a Saturday to pay Dawson, and also to provide funds for private purposes. Did not see •Dawson in Ashburton that day and took the money home. Put the notes in an envelope and locked them up in his desk. A week afterwards it was discovered that this money, as well as other things had been stolen from the house. The matter was put into the hands of the police about a week afterwards. The reason of the delay was that he waited until the suspected persons should.show signs of being In possession of money, they haying been In very poor circumstances previously. Andrew Dawson, farmer, Longbeach, said that on the 27th July bankrupt made an arrangement with his creditors, handing over a waggonette, horse, and harness to them. Bankrupt came to witness and asked him to buy the property for him, bankrupt to pay £5 per month until the amount of the purchase money was paid, £20 being paid down. Did the thing through kindness, and was to" make nothing out of the arrangement. The receipt produced bore witness's signature but he had no recollection of having signed it. Might have done so, but there was a lot of business to do at the meeting of Directors of the Flemington Factory where the receipt waa said to have been made out by Mr Williamson and signed by witness. In none of their interviews had Mr Williamson aver mentioned anything about money having been stolen from him. At the interview in Mr Crisp's office, bankrupt said the waggonette wag witness's, and offered to leave it at Scott's stables for him if the money were not paid. Also offered to give an endorsed bill or return the trap. E. G. Crisp, solicitor, acted for Mr Dawson in the matter with Mr Williamson. On the 7th December the two came into ohis office together. Mr Williamson said he and Mr Dawson were, friendly and did not require the inter* vention of a la>vyer, that the waggonette vas Mr Dawson's, Declined to allow Mr pawson to take a letter, as that might be be good against Mr Williamson, but not against his creditors. After some talk about the cost of a bail* ment, wanted Williamson to pay the money, but he said he couldn't. Told him uhe would deliver the trap to witness' order at Scott's stables the following Saturday he would have a week to provide cash or approved bill. This he agreed to do, and the trap was to lie for a week '. afterwards before being sold if the terms were not fulfilled, to give him anothor week to arrange. Mr Williamson did not deny in any way the ownership of MrDawson in the trap, but allowed it, and offered to wri^e a letter to that effect; j but |n the R.M. Court, when sued to ' make restitution of it, ho claimed i.ho j;rap. At the interview In the oflico Williamson made no refcrenco to any money having been stolen from him. Williamson did not bring up the trap, j After obtaining judgment issued an execution, but found the property had been seized under a bailment to Mr Alfred Curtis. The date of the bailment was subsequent to the judgment in the R.M. Court. No part of the judgment had been satisfied. Alfred Curtis, accountant, on the 26th October, lent Mr H. 0. Williamson £21. Bankrupt gave him a promissory note and a bailment. The further evidence of the witness was adjourned to allow of tho prodMction of the promissory note and payment, J. R. Colyer, Clerk of Court, gave evidence as to the judgment obtained against bankrupt in tho R.M. Court. A. M. Pearson, bailiff of tho R.M, Court, made a seizure undo.r distress warrant of a horse, harnoss, waggonette and household furniture, in the cam of Bawaon v Williamson. A - stile note wa« produced, by Mr Alfred Curtis which coyered all the pronerty, and" witness did not "sell, • (The, b/iilment to Mr Alfred Curtis' was here produced.) Alfred Curtis, rc*callod, said the promissory note was for three months, and wasgiyen afc time the money wasborrowed,
A sale note was given, but that was destroyed when the bailnent was given (produced.) Took the bailment, which Williamso n offered to give. By Mr Stringer—Took a sale note really as a security, although it was a sale. Was advised by his solicitor to get a bail- ■ ment and got one. I J. C. Bell, Official Assignee, submitted the papers in the bankrupt's estate, showing that all the assets were under bailment to Mr Alfred Curtis, and that after the satisfaction of the bailment there had been £12 10s 9d received, 1 Mr Stringer called on witnesses, and addressed the Court in bankrupt's behalf, Mr Purnell speaking at some length in reply. ' His Honor said, that, so far as the] charge of defrauding his creditors inj general was concerned, that could not be supported ; but on the charge of disposing of the waggonette, horse, and harness, to Mr Curtis, these goods having been disposed of while money was still owing upon them to Mr Dawson, there was evidently a case to go to trial. Bankrupt had drawn the money to pay Dawson, but had not done so,- and had raised a story aboutithavingbeenstolenfromhim—astory which His Honor did not believe a word of—but did not tell this story until he appeared in the R.M. Court. He had in any case kept the money for 14 days. He would be committed to take his trial for fraudulent bankruptcy under subsection 9 (C) of section 163 of tho Bankruptcy Act. (Left Sitting.)
DISTRICT COURT, Ashburton Guardian, Volume VII, Issue 2434, 20 May 1890
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