AN UNUSUAL CASE.

Auckland Star, Volume XXV, Issue 43, 19 February 1894, Page 4

AN UNUSUAL CASE.

AN UNWILLING WITNESS.

L. L. LEVY'S EVIDENCE,

At the bankruptcy sitting of the Supreme Court' thia morning an important motion in re the bankruptcy of Walter Tibbutt, grocer, came up for consideration. Mr J. P. McAlieter, who appeared tor the Official Assignee (Mr J. Lawson), instructed by Mr Tole, moved that Lewis Lyons Levy, of Hobaon-street, in connection with thia bankruptcy, bo examined by the court. The Official Assignee had summoned Mr L. L. Levy to appear before him and give evidence in this bankruptcy. Mr Levy consulted the Bankruptcy Act, and decided nob to attend, as he was not tendered " reasonable expenses " in the matter. Mr Justice Connolly was appealed to, and he issued a warrant for Levy's arrest, and he was accordingly apprehended on Saturday by Mr Brewer, Sheriff of the Supreme Court, and his bailiffs, and was lodged in Mount Eden Gaol. He was brought up at eleven o'clock this morning at the Supreme Court in order to give evidence. It seems that tbo new Bankruptcy Act gives the Official Assignee very wide powers, and anyone refusing to attend and giro evidence when called on to do so is liable to arrest and imprisonment. Mr Theo Cooper appeared on behalf of Mr Levy. Ho contended that Mr Levy did not object to be examined now thao he was before the Court, but he considered that he should have been tendered reasonable expenses when he was asked to attend and give evidence. Mr Lavy had only boen tendered one shilling, and he had refused to attend unless he was given hid reasonable expenses for loss ot time. Mr Levy, Mr Cooper said, had put his own construction on the Act, but he was now fully prepared to submit himself to examination.

His Honor said no doubt JLevy had acted very foolishly in refusing tq atteud when required to do. so, even if ho should be 3hown to be acting within bis legal rights, Lewis Lyons Levy waa then sworn and examined. He deposed thab his wife carried on business in Hobson-street, where he resided. He was summoned by the Official Assignee to give evidence in the case of Walts* Tibbutt's bankruptcy, and on January 25th he wrote a reply to the etfiict thab he" did not! l.riow anything about) Tibbutt's baiiuruptcy, and if he did he woulc? not disclose it. On January '<i7tb he again wrote to Mr Lawaon stating'''that he had been tendered a summons and a sixpence by earns person whom he "supposed to be sent by the Official Assignee, and who " ran fit bo break hia neck"" alter he gave ib to him. In hi 3 letter he enclosed fivepence in sbamp3 arid said that he had expended the other ' penny" in Bonding the letter. Ilr.' requested the Official Assignee 'Co call at his shop if ho wished to and he "would be glad to see him." (Laughter.) Witness continuing, Baid that Walter Tibbutt had carried on business as a grocor opposite his place in Huhson-street. Some days prior to Tibbutt's bankruptcy, the key of the back door of Tibbutt'ei establishment was left in the 'charge of witness's wife. Witness moved some empty boxes from Tibbutt'a backyard before hia bankruptcy. Witness's wife was a furuituro-dealer. Witness had some grocery goods sold at an auction sale in the month of December. The goods were a grocer'o stock. They were sold by Richard Arthur, auctioneer. Witness did not carry on a grocery business, nor did his wife. He was open to purchase goods of any kind. He had not sold any grocery goods this year. ■ At this stage a sensation was caused in Court by the witness falling in a faint in the witness-box. He waa taken outside and revived. Mr Cooper stated that tho witness had been much upset by kis arrest and his detention in gaol for 48 hours, and that he was weak through not having eaten any food. Witness, continuing hist evidence, said : Tho only groceries he sold by auction were goods he bought from Mr Dawson, of Wukefield-street, and ho could produce the accounts of sales. He bought grocery goods from Tibbutfc a few days before he closed his business by filing on December 18th, and theae he sold. Their value was £cv .Wittw» kPBW ft^ TJbbutt had a: house cf his. own when no bought aome curtain poles from witness. Witness did not know that Tjbbutt was living in lodgings with a prostitute, and he m hob Mjeve jr. Ho w» 9 a^y/m W friendly terms with Tibbutt, Mr XlcAHster asked; Except the one particular lot of groceries and the £5 transaction in December, did you have any other grocery transactions with Tibbutt ? Witness replied with animation i I am continually buying groceries and everything. 1 buy and sell law books even. I'd buy and sell you if I could. (Laughter). I'm open to buy anything from a needle to an anchor. (Laughter).

Mr McAlister : Did any of these grocery goods which you sold at auction come from Tibbutt's?

\\ itneß9 : Not an item consisted of Tibbutt's goods. It's a lie to say so ! Witness, continuing, said that Tibbutb had never borrowed money from him on a promissory note. He had never asked witness for an advance on any of hia goods. Witness was not aware that Tibbutfi owed hia employees, including witness's son, any wages before his bankruptcy. Witness was nob aware that Tibbntt was embarraßaed or in money difficulties prior to his tiling. Tibbutt nevor told witness anything about his business. By Mr Cooper: Witnesn managed the business in Hobson-street for his wife. All the business was transacted in the name of bU wife. This concluded the examination of the witness, who was then discharged. Mr Me Alia tor said he he was sorry that His Honor should have been troubled with the examination, buc it was necessary that the evidence should have been elicited. He asked that costs should be allowed. Mr Cooper contended that the witness's evidence was nob required, and that "the course adopted was not necessary. The difficulty could have bean got over in the first place by the Assignee tendering Mr Levy reasonable expenses. Hia Honor said that Mr Levy had acted foolishly in disregarding the Official Aseig.

nee'B summons, and bia action in interpreting the Bankruptcy Acb for himself Bhowed that a little knowledge was a dangerous thing. It was quite' sufficient to tender conduct money. Still he said nothing against the witness in the way in which he had given his evidence, and he thought Chat the fact of his having been in gaol for two days should be taken into consideration. He did not think that this was a case in which he should make any order for costs. Accordingly no order was made. The evidence of Levy was there, and could be used if it was considered necessary in the course of Tibbutt's bankruptcy investigations.