THE BANKRUPTCY OF A. C. ELLIOTT.

Dominion, Volume 1, Issue 195, 12 May 1908, Page 7

THE BANKRUPTCY OF A. C. ELLIOTT.

CREDITORS AGAIN MEET. REPORT OF THE POLICE. 'PROPERTY AFFAIRS. Tho creditors in the bankritpt estate of A. : C. Elliott mot again yesterday morning. Tho Official Assignee, Mr. A. Simpson,- prosided. Solicitors representing . creditors were:—Messrs. Kirkcaldie, H. Richmond, (for 'Mr; D. M. Findlay), M. Luckio, M'Grath,' and H.'Buddie; Creditors present were Miss Rankin, Messrs. Dunbar Sloane, ■ Paul I ■ and Barraclough, and P. J; Cotton. Mr. Duncan, partnor in the late firm of Elliott ! and Duncan, was also present. " • STATEMENT BY THE ASSIGNEE. The Assignee said, lie had obtained a report from tho' police .regarding' the debtor. - Its importance, iiowev'er, was now somewhat ' discounted .. by further. . informatidn to hand regarding Elliott's arrival in Auckland. Tho ; police at Auckland' had had instructions to have Elliott charged according to information laid by Mr. A. ,J.'j WicKs,- and- toafterwards remand, him to' Wellington. He should arrive herb oil Wednesday night. Thus a good deal of trouble on the part of ' creditors' l and on; the Assignee's own part ■ / would bo overcome. When the debtor ,?v arrived it would be necessary, to have him V. beforo a mooting . of creditors. Tlys tho Assignee i would arrange for. The creditors , • would havo to leave tho matter to him, and ho would notify them as to what date ho would, arrange for the meeting! , Mr. M'Grath: Is tliero any other chargo' against the bankrupt except that laid bv Mr. Wicks? .. . 1 ?■ ■■■ The Assignee understood, it was the only . one. . - i . . ". ' Mr. M'Grath said ho had heard there was - a likelihood of its being withdrawn. • The Assigneo' had not heard of this,, but > ' said that it would make.no difference under the .circumstances.: 'It .could not. bo withi' . ~ drawn before the debtor's arrival in Wei- •' lington. He understood Elliott; had boon • ■short of funds arid had given himself up'for* 1 the purpose of ,being sent 'dowii to Wellington. Tho debtor' would not leave the Do- ' minion again beforo coming hero. 'Mr.' MlGrath: Are you. quite certain of tliat? ■'i, : \ ; . . Tho Assignee: lam -quite certain. In tho ■ -j: first place, he added, the debtor had no funds on his [own alleged statement. This, how-. . evep, was not tho matter before tho meet-. , ing at present. '.- v •. i■ ■ ■

PRIVATE EXAMINATION. Mr. Simpson went, on, to say that he Jiad taken evidencb.';pri,vately : from Mr. Duncan, (lato • partner) and\ Miss Bremner (an* eni- r ployeo of the firm) regarding the books kept in thq .firm's' office. Ho proceeded to read tho'evidence given by. these witnesses. The ovidonco was'as follows:— .' • Violet Bremner;'typists for tho bankrupt,'.>■ stated' that sho started work jvith the bank-' V rupt 'about tho first week in August, -1906,- "■ at 12a. Gd. pci; week, with incroasos up 'to 26a.- per week. * Sho '-kept', the rough'; cash • book uhd also assisted to 'keep the retailers' ledger. She entered the account's and ,'marked them off when ledger was : still in tho 'office. It. belonged to'tho Re-, tailors' Protection .Association. She had seen no other books kept; Her salary was. paid eveiy Saturday, chiefly'.by' chequej-but occasionally iby cash. Messrs. Gorham, Mountfort, Payne, Cotton, Oswin, and Dell were employed by: Elliott'casually. : Mr. 'Cotton - was'employed on the Retailers' Protection f j , Association;' but .'witness, could .riotisay.-'for"'. how long. , Letter-books 'were' , kopt, , but lat-tea-ly duplfcate copies had been'taken; wliich were in' tho office. Witness iyas. .engagod by. '! Elliott, 1 and had been employed' oii the firm's ; .work:,-.. Sho banked'- money at tho, Nitiori&l' l ' . Bank in the name or A. C; Elliott.; Tho firm kept."no' fbanlnhg.'.;iccbuiit.:; i -•;*■ i ; v T-his, ! * said tho Assignee, .was all the infor- i, mation Miss Bromnc'r was 'able to give. - ' ' , ; *'•. { MR. DJUNCAN'S' STATEMENT: - • Thomas . Duncan? s&id' ho bought; out Mt. >' ' Sniith on'Jitiy paying £2tio in cash' ! for one half-share in ;tno firm of Elliott and*. 1 Smith.' Ho did' not enter tho office until De- ' ceinbor, 1906,' and drew nothing from the firm botyeen July and December, 1906. From December; 1906," to tho "present time ho had : drawn from the business £336 b.v way of . ■ salary. .' This was . bahlcod to 1 ; his' private ■ account. It was always' paid' to him by : Elliott, invariably; by cheque, but. .onco by cash. He had. been under the- impression; •: that Elliott 'kept tho firm's books, as lie had promised;-j Elliott : had led him: to believe that .'he was, keeping books .right' up. to tho • last, as ha' 'had stated he was then" writing them up to date .and would-hand them over'' to witness. Instead of doing so ho had only sent his chequo butts,' which, were handed to' witness by Mr. Dunbar Sloano just about tho timo that Elliott left the .Dominion. Ho had ,not-seen Elliott since. '. This,- said Mr. Simpson, was assfar ; as ho had got. with Mr.',,l)uncan's' evidence. The .creditors could now ask further .questions if they liked, but,perhaps it would bo battel. ■ tb : leavo further examination ,until the debtor 'was present* ' , PROPERTY. . '■ Mr. Richmond (to the Assignee): ! Have ..you jiQcn able to make any further; invostiga.tions'in reference'to the properties? .V \. • : Tho'Assisneo:.No. He.ndded that he only . ... had. the, interim report of the Hon. T. K. : ! ' Mhcdonald. . Tho v latter had'arranged to go into , the matter properly, with "him that ■'afternoon'/or the following 'morning.: If the .. creditors were then agreeable, he; would advertise, tho properties for sale* , and fix -up 0.1 l det-ils." v . . ,' • ' ;. Mr. Richmond underetood debtor;had some shares in tho Whakntane Land Syndicate. 1 A. creditor remarked that this' was more or less a/ siiefculative: matter.,, Tho jWhaka- r ,■ tane-lan(J,'however, was very good/and in--creasing in' y.-.!v.e.. -. ... , . ; - . THE, POIiICE REPORT. ; Tho polico report was then rea3. It Was as follows;— , , ,

Wellington, 9tli May, 1908. 7 "Dear Sir,—Referring to your'conversation.' oil tlie above subject with Chief-Detectivc 'M'Grath and Sub-Inspector O'Donovan'. I: >beg tojnform you Elliott left Wellington'for Sydney on' April 17 por s.s. Malieno'.. I-un-derstand you were verbally notified of this on the 2nd inst.' by Chief-Detective M'Grath. On the 7th inst. a : warrant .ior '-'Elliott's' arrest, on a.'cliarso of; theft of £12, v was issued upon the sworn information of jMr. A. J. Wicks. After, the warrant' was issued: a cablegram"ivas sent. by .the, Comrnissitfiier of Police-here to the polico of Sydney asking them; ,to eridcavoijr to locate the. accused. If this can be done. Mr. Wicks and yourself prill ,Jbo- promptly 'notified. ' I am now direct?,od to inform, iyou" that nothing further, can be done' unless extradition, expenses are guaranteed,'and if there is, to bc>.ny chance of tracing accused and securing his arrest tho sooner, a guarantee is given the bettor.. Referring ,to; certain remarks made at meetings of creditors' (as reported' in the Press):' regarding wliat the police weVo expected to do, I desire to point out . that tho first intimation to the polico that any criminal charge was likely to be made against Elliott was tin tho SOtli ult., thirteen days-after' his, departure, when you informed 7 Chief-'-DetectiVo M'Grath some criminal charges would probably arise after the meeting of creditors, which was then fixed for the 4th inst. Steps were '■ then taken _to locate;. Elliott, with the result _ that it was ascertained he had left this Dominion on tho | 17th ult., and this was duly nbtified to you 011 the 2nd inst. ' , >; : "Had any of tho persons who hold evidence of criminal olTenccs come forward and furnished particulars necessary to establish a criminal chargc, and produced the exhibits; in their possession- to " tbf. l7tlr, ult.,- thereis 110 doubt Elliott could have been arrested without ex;icnso or difficulty. •• ."I desire to pointout' for your information that if, Elliott lias to bo extradited from beyond Australia," say from Now Calodonia.fT.imti," or Honolulu, it is onlv on tho actual- charges ho ,may bo extradited; upon ' that ho could afterwards bo lawfully tried here. i:No\7new;charEe8 i *coiM M preferred against lnm on arrival in this Dominion--1 have, etc.-, 1 . .■' I - v J. W. Ellison, Inspector."

:-/'/>-':■ t'.'- '.V;--; "' :-v - Tho Assignee said this boro out what ho ."■ .. had said at'the previous'meoting. If he had not seen tho: Inspector nothing would havo been;done-until Mr. AVicks laid tho ;-f- '■■■: ■) information. ... ( PROPERTIES ACAI^J. . . _ Mr. Simpson asked for instructions regard- : . ing the, salo of the properties. Tlioy could /only - soil the equities of redemption." ; Ho , M'ould liko to havo the properties very; carefully sold, so that no action could bo'subset/A , ;r?utntly.; brought ! against him'; ss ■ Assigned. ... Mr. Luckio suggested they should first ob- . tain' tho Hon. T. K. Macdonald's report on tho properties. . ; Air.--Simpson- pointed out'.that, too'-much ■delay could not;take'place: In oho property ho would have to act by tho end of the month.. . ■ , > Regarding fto. Now Zealand Retailers' v Protection Society, the Assignco said that" Elliott' had paid £550 already■ for. the North v , Island intercstsof the Association. Ho had £200 to pay vet. That. £200 • was in a pro- ■-. : micsory note, which was due on May 15. In roply to Mr. Cotton'as'to what;he pro- .: posed tto do lvith the Association, the As- X -• 1 signee said howould consult a solicitor, and ; see how they _stood, and if thore- was any ' -'..chance of 1 selling .they; would realise. " In ,j replying.further, ho said ho'.was of tho'opin:v.;- ion that .-any right the/holder..of«the -pro-, missory noto might have'.fo 'the proporty iif •/■:• the':.amount was not paid.was abandoned by v-?,/:;.the holder's method'of claiming in: tho bnrik- '• rupt. estate. .-, • <~' ; .-• : ■' ." , • -.Further discussion ensued as to 'the' probable viluo of tho property if offered for f'Mr. Luckio, after hearing Elliott's agree-' read, contended that all they could sell' was - Elliott's" interest in the' agreement/ 'To - complete Elliott's titlo in the' agreement • tlioy-would, have to comp]ete : :.their contract ; -v, to- the - original" vendor, by paying ,th'o pro- ,-. missory note. ' H ' " : After further discussion ,the following :re- . /. solution was- moved/By-Mr. Richmond,'- sec-' ■: / onded :by Mr. : ;Sloane, and oarfie'd:^ : '."i That-tho Official Assignee " take, im-, ; - i-:f <;*>•' "'..''.mediate steps to realiso-uppri the' sale ;by. v-._ '>.i ; 1 public, auction-of..the- equities of 'rcdemp-:. •..tion.' in- all properties and assets of the S' : ; V./, bankrupt." _:-7 /-. ,:/. //'/'/ ;■' ■ ' , -."v. •,/In'. reply.,toMr.:M'Grath, Mir. Cotton said .-' ' thcro were about GOO subscribers in the /"' •: : North Island; to. the. 'Retailers' /Association; - Tho subscription : to.,tho, publication ''.was :: a -.i - -.".' half-guinea in, tho _ main/ Centres':-, and: 30s'.. ■ othorwiso. \ Subscribers-were: scattered all over tho Island. ' - ■ : • The Assignee: The Association's ! publica- ... tion : supplies retailers with rth'e names' of people'who were bad marks?— Yes. V. : ;i' :■'> THE NEXT WETTING. Tho 'Assignee announced, there was lio further business for the present: Howould call the creditors .together as-soon-as ho could arrange to "havo the bankrupt beforo ~ thorn. He would probably arrange for a meoting before the special meeting on May i 21.,

A TAUK WITH ELUOJT. . ; f (BT TEIiEGEAPn.---SrECIAL COKRESPONBEST.)'■: 1 Aucxland, May 11. • t Albert Clarenoo/Elliott, / the land and

estate agent of Wellington,-walked mt% the . . Auckland Polico Station yesterday, morning ■;/■;/ and.' 1 , introduced himselfVto Sub-Inspector - .< Gordon/as;/tho . missing .bankrupt..:; . was ai'steerage: passenger ■ from' Sydney . by tho Moana, and on the boat being berthed-'ho'-wenV'tOjthe station and.^gayo/himself; 'up - - voluntarily. A "Horald" ; representative, on -■ ( visiting .-the ' AVatch-houso last ■ evening,' wab ; confronted - byi. a individual,' ; seated at a table with a bcok within reach, and-'a. huge .enainel panrukin- and 'a- slicS of. bread and butter before him.: He mistook' ; this gentleman for tho guardian of Hio Jlajesty's keys.:'. '' : ■ : ' . .."Anything doing?"-inquired the 'Press-' ■ man.. :■ / ■ .;■ ,- • "Hello-! Are you a-reporter?" "Yes." V "I'm Elliott," was tho response. ' . ■ "The missrag bankrupt-?"! ' • "Yes,-that's- mo." , .- J)uring a few - minutes' , conversation • 1 Elliott stated that lie had 110 fdifficulty in. -getting away unobserved.' . ■ • v, ... ;y- -.."Most of my time I was j in -Melbourne/' ho said, "and from there I had plentv of opportunities, to -go •.•anywhere':.- I-" liked ■ -to , ,get:: ■ clear away.' When I : got v thore,. however, I decided I would not 'go any, further. The suspense was >awful for ; one; thing, and I it,- so here ' I. am. .. I gave myself, up voluntarily to the police. If I had had any -money- when I reached Auckland I would have continued . ; my. journey .to Wellington,, and myself "' up there.". :.; v//-!, -'.-.'-/ i, 1 . The arrival of a policeman ■ cut th'o dialogue short .at this stage. '

■ REMANDED TO V/ELLINGTON. , (B"i IELEC-MI'II—rBESS ASSOCIATION.) ' . ■ '. Auckland,' May: 11.: Albert Clarence ;Elliott .was charged with fitealmg £12, received ( from Henry Robson on account of Kennotli Douglas, and failing to account for .the' same. . The, police asked , for a week's remand to Wellington. Elliott offered no objection, and tho application was granted. : - ■