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THE DALEY CASE.

POLICE COURT PROCEEDINGS. The Daley case was resumed at the Magistrates Court, before Mr 11, W. iiraoant, S.M., this morning, when further evidence was hearu in reference to the charge of disposing of property to the vaiuc. of .t_.n otherwise than in the ordinary course of trade. Tlie Crown l-iuseeutor (Hon. ,). A. Toie) and Mr Aapiei' appeared for the prosecution, and Mr Cotter lor the defendant, Charles Grant Daley. iiarry S. Dudley, boot importer, deposed that be, m conjunction with ■lames Coe and Henry Arthur Price, bought £5800 of goods for £ 1030. .Matthew A. Clarke, of Messrs A. Clark & Sons, warehousemen, deposed to receiving in July an order I from Daley for about £401.0 or £5000] worth of goods, Before fulfilling the order witness had an interview with the accused, and examined a balancesheet dated duly ill, wjiieh Daley produced. This statement of accounts showed Daley to have a credit balance] of £22,618 1/2, that being the excess; of assets over liabilities. Upon the j strength of this balance-sheet witness' ] firm supplied the goods. Accused's j present indebtedness to the firm was; £038 12/8. ! Joseph Wm. Oilman deposed that he had been employed by the accused as an auctioneer, between October and December. Daley paid for the license. Witness* salary was £.'5 a week, and the engagement was terminable at a months' notice. Witness' first sale was at the Thames, where witness sold a quantity of new goods for Daley. Witness kept no account of the goods received from Daley, of the proceeds of the sales, or of deductions for witness' expenses. He was never asked by Daley to furnish accounts. Witness told Daley he could not possibly keep accounts of the sales without assistance, but Daley never sent him any help. Witness' instructions from Daley were to bank the proceeds of the sales, and remit the money in a lump sum by means of a bank draft. When he found that would cost 10/ he changed the gold and silver into large bank notes and sent them to Daley by means of registered letters. The sales at the Thames realised £125. He kept no memorandum books, except one with a note of a few expenses. He was left a free hand as to whether he sold with or without a reserve. At the Thames he sold without reserve. His next sale was at Waihi, still in October, when general drapery and one or two batches of remnants were disposed of without reserve. The proceeds were £65, which witness transmitted to Daley in bank notes per registered letter. His third sale was at Onehunga, where new drapery goods from Daley's different shops were sold. The sale lasted four days, and realised £85. He also sold at North Shore, Otahuhu, and Onehunga again, being kept constantly supplied with goods by Daley. He kept no note of the proceeds. He then held a sale jn the Protestant Hall, in Karangahape iload, of goods from Daley's "cheap shop" near the firebell. The sale lasted seven days, but the proceeds were small, perhaps about £70. Later he sold goods at another of Daley's Newton shops, the London and Continental, realising between £380 and £400. The sale was held about December 27th, and \\s the last witness undertook. Daley always assured him that his "big trip" would commence after Christmas. Witness asked Daley if he should take out his license for the ensuing year, and Daley said "Yes." Witness had not done so, however. After the luncheon adjournment accused, who reserved his defence, was committed for trial on the two charges of concealing property to the value of £1950, and disposing of goods to the value of £2977 1/3 otherwise than ig the ordinary course of trade. ALLEGED UNDUE PREFERENCE. Accused was then charged with having on December 23rd shown undue preference to one of his creditors, namely, Joseph Ehrman. In this case the'proceedings were watched by Mr Cotter (for the accused) and Mr F. E. Baume (for Mr Ehrman). The Official Assignee (Mr J. Lawson) deposed that about 117 claims had been sent in, representing about £42,000. The estimated deficiency in the estate Was not less than £25,000. Mr Ehrman handed in to witness a document representing Ehrman's claim against the estate, namely, £4173. The document, was sent in soon after the bankruptcy William Gray, accountant, who investigated the bankrupt's books, deposed that on December 28th bills to the amount of £8.860 were dishonoured. Mr Cotter objected to this evidence as being necessarily hearsay and His Worship upheld the objection, remarking that the bank clerk's evidence would be necessary to" prove the dishonouring of the bills. (Proceeding.)

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AS19000219.2.4.8

Bibliographic details

Auckland Star, Volume XXXI, Issue 42, 19 February 1900, Page 2

Word Count
776

THE DALEY CASE. Auckland Star, Volume XXXI, Issue 42, 19 February 1900, Page 2

THE DALEY CASE. Auckland Star, Volume XXXI, Issue 42, 19 February 1900, Page 2