LEFT THE DOMINION.

Dominion, Volume 4, Issue 940, 6 October 1910, Page 7

LEFT THE DOMINION.

UNDER ASSUMED NAME. !

BANKRUPT BEFORE THE COURT.

A DEFENCE PUT, FOR WARD.

Alfred. Frank Riggins, appearing on bail, .-Was charged at the Magistrate's Court, yesterday that, August 29, at Wellington, being adjudged a bankrupt upon a petition presented on August 20, ho, did, within twelve months before the presentation ,of ' tho petition,'.quit New Zealand, and take with him part of his property, (JJ2O)j. which .should have been divided among his creditors,. Mr. ;T. Neave, of,'.the' Crown . Law' Office, appeared for. the prosecution, ,-aiul Mr.' C. It. Dix, defended:' -Accused 'elected, to l>e dealt .with :summarily,;, and pleaded - not guilty. ;, ' i ■ : -v

: Mr. Neave' said that the' information was. laid under' Section 138-of . the Bankruptcy Act. _ Xlio olfenco was . complete .upon the, statins of tho. fact that, accused had quitted the country. The,: ordinary burden of proof did not in .this case rest with the Crown. It was: for the.prisoner to -prove that his j intention was honest. ,The -facts'.were that the. prisoner''had,' until recently, been in' business I 'as a grocer in Kent'iTerrace. In July he, sold out to llr. Hurrell. About August 3 he left Wellington-for: the south, and about -August :10 ; quitted :New" Zealand -forHHr'o r ' ••Bart,;-, taking/w;ith- r him. • •; : i640,' •. without making ' any; arrangements .with . his creditors. ;'.Hb -was-' ultimately attested- at Hobart on a warrant issued at the instance of tho; creditors. : r;.

„,;Tp .simplify, matters, .counsel Jor , defence admitted, that prisoner lett -.the couiitry under the; name ; of A- 'Fleming; and. also'admitted .that the .petition to have,-prisoner adjudged;; bankrupt was lodged oil August 20. , - ; Alexander-'Simpson, Official ' Assignee, ,gave - evidence .as to receiving > notice of the bankruptcy, and referring the case to tho Crown • Solicitor. Since accused returned to. New 'Zealand witness ..had received from' the 'Commissioner ,of Polico i£5C3 '-Mis:'- 2d.'belonging to The' proved. debts amounted '>t0'.«22C2 3s: 2d.' Before -.prisoner - was; .brought' .. back- - a; cabled', offer ivas.' received, to. lodge JG3OO 'to-, pay the.',creditors in 'full/i'-trp. till the. itime ' that'. tho .' money ' was received' '.from..; ibe: police no assets ' discovered, ' except, a. small ; bank-, balance; aboiit .£1 ISs. . ■ ■;

In answer to Mr.-Dix,:-witness: said that ! he.; did ' not make any' inquiries of Mr. Hurrell.' Most; of the debts were for goods, .ordered after' J.une 20; , The busi-, liess rule, was that, goods would be boolced '■ up to Ju1y,.20,, '--Higgins left Wei-, lington . a cheque paid. into . his Account' had been .dishonoured; The, amount ; was M 2 '105;..' Subsequently .'the money was obtained from'the drawer'of the cheque and .credited to Higgins's ..account. It was i ascertained/that Higgihs drew .£l2 10s;,tri D'unedin: by 'cheque payable'.tb "Fleming" and left tin address .with the Dunedin branoh, where the'.money was to- be .fori warded when the Wellington branch noti-. fled,- that:, the-'cheque..:was: all.; right..;' .Hig-' gins'; had: also drawn money from the. ■bank , afk-Lytteltoii and:'had . forwarded' money :thiJough tho' Dunedin "branch; to/ Hobart., (: < .'; '■

George \yilson stated that:aecuse'd had ;Tj.c6ii', ! 'ti customer, of tho.flrm ; of Aitken! ancl - Wilson', and, had :b'een regarded asVa .gootl mark.'. . Witness had valued-ftcottsed's, slock • before th? sale to Hurrell and understood that after !the ; sal 6.' accused :was going to Edtorn'a for, a holiday and then coming : back to-. Wellington. His : firm never had. :cause'■ to.w'orry.' about payment -until the ! present case, •■ and; if . accused had'remained,in Wellington.lie would not 'have' teen .sued even-, if ;hp hail, not paid by. August 20. ' Wiil. John Thomjsoni 1 managing .•director: of ...Thoni'psoh;. Bros.,'' : ; litd.,, and John Turiibull,, accountant' for-.-'W..:-.-: 'and G.: Turnbull and! Co., gave evidence;on lines similar:• to;the .previoua witness. .•: . . Leslie ,-Harold Fee,; ledger :clerk-at, the To Aro branch of. the. Bank .ol:New: Zeaf/ lond| corroborated■■ the . evidence' 'of' .the ■Official. Assignee-in- reference to. tho ;dis-. •lionoured;'chequo :and the., cheque drawn in xD.unedin■ .by '-accused■'.;for, .the- sum'Vof; ; : Jl2'loS'.' ;W'itness-'stated. that: accused->had: ;on ; oiio' occasion ''beeii- allowed:.an - ' over- : draft -.for sonie': days.' , ;• ■< r : ; .

: .'',Constablo;: Eobert'.. Sims,; who wont: to Hobart to bring. accused- back, stated' that, during a"conversation,-accused;had told -him ; that, 'before leaving 'New; Zea-.-land,, lie paid his debts .up .till /July; 20; . and that lie owed about, ,£3OO in August. Accused ( also'. said; that •; he . wolild jnave been back in (New Zealand by first (return (steamer liad not 0110;of,,,£i«" chil-;. dren, taken'; ill, and. that (he had -fctill*- a. bank; accbunt in; Ne«v-Zealand : ahd- : bbbk debts'.tb colloct. amounting to;about Subsequently ;; accused- 'handed" witness • ■. of ,whieh : JiSGB .( lis. ( 2d.' was forwarded to Wellington, the balance being exchange aild expenses. While (in Hobart ; accused adopted . the ( name V.of Palmer,' and explained to. Constable Sirbs • that this .was on. (.'account of family,; (trouble, Accusetl•.Appeared' ,to (be (the impression that all,ho; had to db'.was, to return 'to'(Wellington; pay his debts,' (and then go away agafri.; ( Witness . was 1 present when accused, told the magistrate •that he was-willing (to. retnrn, and the magistrate said; .that 'he / would ..not (sign. ■the warrant v .iintil.an( hour before,,-tho boat, sailed. ■,(( ( ".('':(',;; :: In outlining the defence,. Jlr. (Dix ,r'e- . marked . that (the, evidence, of. (the Crown was not, much against .accused,,and evideiico : would be . called .' to, . show , (that, accused had made 110, secret' of tlio fact 'that' ho : was .'leaving WelUnston ( for.'-.'.a 'ti m e,(, and' : that ■he ' intended ■ to;. return, pay( his. debts; ,'and ■ then'leave England. ( ; Witncsses for tho defenco Tlurrell, grocer;, (John ' store-, (keeper; ■ Augiis); St. .1 Eoinain, Christina Morris, .William'-Morton', (;; Arthur' Trehgrove, and . Donald I'raser, who? all testified to accused's; honesty ..(and' to tlio fact ( that he had made' iio secret about .'selling his (business, though lie .had not '.mentioned lie"was going to' Hobart. : Accused ill the. witness box stated, that, ..when ho left : Wellingtbn, ,ho hoped to return ; tho .same; niontli, (and.settle ;'liis : debts.-, 'He 1 left!'(under. ; ; the; ; namo .of ■.Fleming, ( in. order, that . Mrs.- . (Holland's ; ■relations ((might .not '.be (able, to -trace; her. :t Ho; had ■provided'. Mrs.':'Hbllaiid'(witli; ..'a; 1 home in Wellington 'when she was. peiin'i- ; •less.'; (But for one'of the; children "taking ill in- Hobart iho'(would.,4iavß. .been'.badk by tlio first '.(return: steamer; ; He,', had. absolutely j iio". criminal., intent' iwheii;' lib'.: left,, and; counting his book debts,'., he reckoned that: lie,(was Vorth \aboUt->£1000,; while his'(.'debts'; only amounted', to- (>£27o; ; : The reason why ; lie,'did .hot take' u- return ticket , was (because hb : booked four . ;pas-,' 'sages and; got s ,'reduced' fares;'. (Although: hci had' to; payCexchange" for sending.,'his. .money out', of (New. Zealand, ho.;did",ndt'l intend to pay .'exchange ;briiigiiig;; it' baclcj for he would (have' 'felt'safe in carrying with liim 'tlib; smaller sum ■iieccsfary. ; -At 3.40 p';m';'.the ; further (hearing., of.'.'thecal®', was adjourned'tilLil a;in. oii; (Friday;; . ..