A BANKRUPT'S GOODS.

Auckland Star, Volume XLI, Issue 164, 13 July 1910, Page 2

A BANKRUPT'S GOODS.

SERIOUS ALLEGATION. Mr C. C. Kettle, S.M., was occupied in the Magistrate's Court yesterday and today, 'with a*, case in which the Onicial Assignee,- -in the -estate of Arthur Ernest i'yer, fornieriy of Welisfoid, represented by Mr E. Mi.honey, proceeded ufeuinst J. W. Brooks, c.i.ua-tor (Mr Richmond), for the recovery of £-10 f/.ti. The claim set out that before Tyer was adjudicated a bankrupt he arranged with the defendant to dispose of certain furniture and eh'ects. Defenuant never returned the - furniture or effects, and in respect to this 5 _1_ 10/ was claimed. It was further set t out that at the time of the adjudication j" defendant converted to his own use certain' 1 effects, and iv respect to these £27 S/0 was claimed. For the defence it was contended that the goods for which £1S 17/ was ' claimed were bought for £14. A receipt was 3 put in, but this was repudiated by the t plaintiff. In regard to the second list of 1 goods, a number were denied altogether, and _ others were sold lo uc greatly e_ag;,etui.ed * In value. I Defendant gave evidence that in - July last Tyre spoke to him about his ilnaucial dl_icuni_-, and asked defendant lo assist him. Defendant ad- - vauced £4, and brought Tyre to Auckland, . where Tyre was going to give a bill of sale 1 over his furniture and effects. The bill o£ sale was not made out, but. going back to Wellsford, Tyre and defendant drew up v list of effects. Defendant made out a receipt for i'lo in pencil, and Tyre signed it in ink pencil, saying that would do as well as a fresh receipt in ink. A stamp was put ou aud dated, and defendant paid over £10. To Mr. Mahoney, defendant said he , traced tbe signature of Tyre to the re- ' ceipt, and Tyre wrote his name in afterJ wards. Mr. Mays, solicitor, saw the re- - ceipt later, but defendant did not remember - him casting any doubt on- the receipt , Mr. Hays (recalled) said he only saw the receipt ouce, and now it wa_ altered. There ' was no stamp on at the time, and the re- , ceipt appeared now to have been freshened - up. Defendant denied taking away any effects other than those set out in the receipt: His Worship, at the conclusion of the case, said it would be very satisfactory to have Tyre in Auckland for examination. The evidence had brought out allegations of forgery and perjury. 5 Mr. Mahoney, iv addressing the Court, y said Mr. Mays' evidence had been very . positive regarding the absence of a stamp when he saw the receipt. ' His Worship said that Mr. Mays may > have been mistaken, but he did not consider j defendant could have made a mistake. Mr. Mahoney suggested that the initials 3 A.E.T. were not written at the same time ; as the rest of the receipt. [ Mr. Kettle, in reviewing the evidence in the case, declared that deliberate and cor- ' rupt perjury had been eommitteed by one or other of the parties. The evidence was so conflicting that it must be obvious to counsel appearing for the plaintiff that he could not give a verdict ta favour of the I claim. In addition to perjury, there were ! charges of forgery. As an experienced ■ judge of character—of witnesses in the box , —the magistrate said he could not see anything in Brookes' demeanour to convict I I him of forgery and perjnry. His evidence was clear and straightforward, but, on the ; other hand, he (the S.M.) would i-ot ex- ' press any opinion on the evidence of Tyre, who had been examined at Nelson. The : plaintiff was non-suited for want of evidence. _tr. Kettle directed the Assignee to place the whole of the facts of the case before the Crown, with a view to subsequent proceedings. "The most corrupt aud deliberate perjury has been committed by someone." said the magistrate, "that it is the Assignee's bounden duty to take the ; case to the authorities." The documents , in the case were retained by the Court.