BANKRUPT'S MOVEMENTS.

Evening Post, Volume LXXX, Issue 83, 5 October 1910, Page 8

BANKRUPT'S MOVEMENTS.

j HIGGINS BEFORE THE COURT. i ' A PECULIAR CASE. Alfred Frank Higgins, grocer, of Wellington, recently brought back from Hobart under the Fugitive Offenders Act, appeared on remand at the Magistrate's Court this morning, before Mr. W. G. Riddell, S.M., to answer % charge that,, having been adjudged a bankrupt in the Supreme Court on 29th August, 1910, upon a petition presented on 20th August, he had, within twelve months before the presentation of the petition, quitted New Zealand and taken with him part of his property to the amount of £20 and upwards that ought by law to be divided amongst his creditors. Mr. T. Neave prosecuted on behalf of the Crown Law Office, and Higgins was defended by Mr. C. R. Dix. Prisoner elected to be dealt with summarily, and pleaded not guilty. Counsel for the prosecution said that it rested upon the defendant to prove he had no guilty intent if he deserved to escape. The prisoner until August last had been in business as a grocer in Kent-terrace. Towards the end of July he sold the business to a gentleman named Hurrell. Shortly after receiving the purchase money — 3rd August — he left Wellington for the south, and on the 10th August quitted New Zealand by a Union Company's boat for Tasmania, without making arrangements for payment of his creditors, and unknown to the creditors. He took with him the sum of £640, went to Hobart, and was there arrested by Constable Sims, after the issue of a warrant consequent upon the action of the creditors. Opposing counsel admitted that prisoner left the country in the name of Alfred Fleming, and that the petition for bankruptcy was lodged on the 27th August. Alexandpr Simpson, Official Assignee, said that he had made enquiries as to debtor's banking account. The matter was laid before the Crown Solicitor as to there being a case against Higgins ior a. breach of t heBankruptcy Act, and' witness was advised there was a good case ; he then laid an information against Higgins and a warrant was ishued for the latter's arrest. Witness received, after the bankrupt's' return, the sum of £668 14s 2d by draft from the Commissioner of Police; this was the- property of Higgins and had been lodged with the Commissioner of Police ir> Tasmania. Before accused was brought back, an offer was made by cable to the police that £300 would he lodged to pay his- creditors in full, but witness refused to enter into negotiations for such. Proofs' of debt had been lodged against the estate to the extent of £262 9s 2d ; there were twenty-two creditors. Up to the time of the advice from the police, wit-^ ness received nothing from the pstate' except a- small bank balance of £1 18s 9d. To Mr. Dix : Witness knew nothing about Higgim' affairs, nor who purchased the business. He was told by Mr. Young that the fetter believed Higgins took money away with him. Bankrupt in his sworn statement made bis debts appear a? £272. Several proofs of debt had been received after bankrupt's return ; witness did not know whether this was as ,a result of Higgins's request. The bulk of the debts were for goods ordered after the 20th June, from merchants. The accounts for goods after the 20th June would be sent out in July. Accused left for Lyttelton by the Maitai about the 3rd September, and witness was advised that Higgins had his wife and family at H-obart. Accused stayed over a day at Christchurch; two days at Dunedin, then left the Bluff for Hobart. Witness did not know anyone to whom Higgins had sold his stock other than Mr. Hurrell. A <.hequ© drawn by Higgins for £12 10s on the Bank of New Zealand at Dunedin was dishonoured there and referred to Wellingtprf; meanwhile Higgins left an address to which he wanted the money remitted to Hobart; the cheque was made payable to Alice Fleming, and endorsed in that name, and •'Alfred Fleming' was also written on the back. The cheque was subsequently honoured at Wellington and the amount remitted to Dunedin. After several witnesses had given evidence concerning debt, Constable Sims related how he went to Hobart. and found that accused had then been arrested. Accused said he had paid his accounts to the 20th July, also that when he left New Zealand he took with him all his money — about £640. When Higgins arrived in Hobart he placed this £640 to his credit in the Bank of Australasia. He said he brought his wife and children to Tasmania, had a week in Hobart, and made a trip down the coast for a few days to see about a business. He was arrested on the 30th. Higgins said he owed about £300 in New Zealand, and he would have gone back by the next boat after his arrival, only one of his children took ill and he was obliged to remain. He had still a banking account in New Zealand, he said, and about £150 worth of book debts to collect. Higgins said he was willing to go back to New Zealand on the 16th, also that when he was in custody he wrote out a cheque to his solicitor for £600, for the purposes of bail and to pay his creditors in New Zealand. A condition was made by Higgins that if he left on the 16th part of his money should be left in support of hi 6 wife and children; through his solicitor, Higgins handed to witness £573. A draft for £568 14s 2d was obtained, and the prisoner was delivered into witness's custody on the 16th September. This evidence closed the case for the prosecution. (Proceeding.)