THE DALEY CASE.

Auckland Star, Volume XXXI, Issue 45, 22 February 1900, Page 5

THE DALEY CASE.

ACCUSED COMMITTED ON FOUR CHARGES.

The Daley case entered upon its sixth clay ay the Police Court this morning-, whyi legal argument was heard as to the admissibility of certain evidence relating- to the charge of undue preference to a creditor.

The accused Charles Grant Daley was charged with having*on December 23rd, with intent to defraud, given undue preference to one of his creditors, ■Joseph Ehrman. The Crown Prosecutor (lion. ,J, A. Tole) appeared for the prosecution, and Messrs Cotter aiul.lkuuue lor the defence.

| After hearing legal argument, j His Worship (Air H. W. Brabant, ■ S.M.) said the question which unueri lay all the charges was whether or : not the bankrupt had so dealt with his property that his creditors naCT been deprived of what assets he had, to which they should have been entitled when he became bankrupt. Ac- ' enscd had been already comrattted toy j trial on three charges, this was a : fourth charge, laid under section 137, subsection 24 of the Bankruptcy Act, ■ and it appeared from what the Crown Prosecutor had said that no prosecution under this section had taken place previously. He (His Worship; was asked to dismiss the information on the ground that the legal essential of the case had not been proved; but it seemed, to him that was very hard to | arrive at. The question had not been decided by a .superior court; therefore it seemed to him he should leave the question to a higher court. Any decision he might give would not be satisfactory to the parties concerned, and it was an important question.' He could not believe with Mr Banme that there was no intent to defraud shown? It seemed to him that circumstances went to show that there was an intent to defraud; and that being so Jie ithought the ease should go to the j Supreme Court to have the meaning j interpreted of the section itnder which the charge was laid. The fact thatyiie bankrupt had already been committed on three charges was an additional reason wny any other ■ charge on which there was a prima facie case should be sent to the higher Court.

Accused was accordingly committed to take his trial at the Supreme Court. The fifth and last charge against Daley wav that he conspired to clefnuid hip (creditors by converting his assets into money, and was about to depart from New Zealand.

Mr Tole said they were not prepared at present to offer- evidence on this charge, and he therefore asked that the information be withdrawn.

The charge was accordingly withdrawn.