S.M. COURT.

Bush Advocate, Volume XXI, Issue 295, 17 June 1909, Page 7

S.M. COURT.

YESTERDAY. (Before Mr McCarthy, S.M.) Caroline Baker v. C. H. Baker, an application for variation of n inaintenance order made by Mr .Isi-nos, S.M., at Masterton. — Mr Fits':; • luvrt for informant, and Mr Lloyd '•:: • defendant. — Alter hearing lentil. ;-■ evidence, his Worship said tho ca;=e was practically an appeal, and lie refused to make the order, with costs against the applicant. In Olsen v. Olsen a. case of maintenance of the mother of the defendant, it" was agreed between the parties defendant should pay 5s per week. Costs £1 Is were given against defendant. . An application by the police for an order for the support of a child in an industrial school was adjourned for 12 months to enable defendant to meet the claim. ALLEGED BREACH OF BANK- ■ RUPTCY ACT. J. J. Patterson was charged with failing to keep proper books of account (1) as a solicitor ; (2) as a sawmiller ; (3) as a storekeeper ; and also with failing to surrender his books of account at the time of his j bankruptcy. . Mr Cornford (Crown prosecutor) asked leave to amend the information by striking out the words "of a solicitor" in the charge' of not keeping proper books of account, and he asked that the allegation of not surrendering the books bo taken with the other charge. Mr Lloyd, for. the accused, agreed to this course. Mr Cornford said formal evidence which he proposed to lead would show that certain books were handed to the D.0.A.: These books, which he detailed at length, had been examined by an accountant whom he proposed calling, and his evidence, he* thought, would show clearly that •bankrupt had not complied with the Act, and he would show that defendant on his own admission had not kept his books in a proper manner. He called, Alfred Trimble, • registrar of the Supreme Court at Napier, who said he was aware from evidence in the court that Patterson's petition had been filed in the court. Witaiess produced the judgment of Mr Justice Cooper, dated the 18th December, relating to the bankruptcy. . Mr Lloyd objected to this. Counsel for the Crown did not press the point, saying it would come up later. Norman L. Gurr dep.osed he was the Deputy-Official Assignee at Dannevirke, remembered the date on which Patterson's .petition was filed. Bankrupt was engaged as a solicitor, storekeeper and sawmiller ; had experience as an accountant for some years; considered himself competent to keep the books of a storekeeper; would have no difficulty in keeping the books of a sawmiller ; had no knowledge of keeping a solicitor's books. Received some books from accused ; Patterson had been in business to his .knowledge as a solicitor six years, that was all the time witness had been in Dannevirke. Witness put in a list of books received from accused. Some argument ensued upon the demand for the production of the. books. Mr Cornford thought it . would be a grave injustice to lock the books up. His Worship thought it would be necessary to produce the books for tho purposes of cross-examination. Ultimately tho books were produced, and it was agreed between counsel that they were not to be put in as evidence. • • Witness identified the books, put in, and they were ntarked by counsel for accused. Tho Crown Proseciitor formally askod for letters dated 19th, 22nd, 31st December, 1908, < and 7th January, 1909. Notice io produce had been served on. Mr Lloyd. Mr Lloyd said he had not got the letters. Continuing," witness said he wrote tho letter (produced), dated 19th December, whiicdi was put in; exhibit B. Bankrupt did not deliver any books after that letter; got a sugar bagful of books relating . to Koru after tho date. Identified the other letters lnonioned. Had an interview with Patterson on the oth Ja-n.uary re the books,- asked Patterson for books at that interview. Patterson told him they wore -ready, and would be delivered immediately; waited two days, and again wrote and asked for books; received a letter from Patterson at witness' office, stating that a fire had occurred in Patterson's office. Went

to tlio office, at time of fire at 6.10 p.m. with Sergeant Cmickshank. Witness described the room, the roller top desk was still standing, but collapsed as soon as the hose played upon it; there was a fire over the top of tho strong room. Could not say if desk was open or not at the time of the fire; the furniture in the room consisted of bookshelf, chairsj etc., the books were damaged by water, and smoke. The strong room had an iron. door. Did not look into the strong room. Speaking from memory the lower drawers were almost intact. Did not see anything that would suggest any account book having been burnt. Had personally perused the books of account produced. He> could not gather any information from them of the work done or the fees earned by Patterson as a solicitor. There was nothing to show him if Patterson had earned £4.0 or £400 a year as a solicitor. Could trace several entries which he believed related to trust money. On Ist June, 1908, there was an entry of £250 paid in; 4th June, £219 11s; could not remember if that was referred to in any other way in tfce accounts. On 17th June, 1908, the sum of £1800 was paid in; could not remember finding that amount in any other book ; was present in the court at Wellington when application was made for deed of composition in "bankrupt's estate, it was made on behalf of bankrupt. Patterson was also in court, Mr Ostler appearing for - Patterson, before Mr Justice Cooper.