"HIGH LIVING?"

Evening Post, Volume CX, Issue 1, 1 July 1925, Page 6

"HIGH LIVING?"

CRICKET COACH'S TROUBLES

F. T. BADCOCK BEFORE THE

COURT

"HE LOOKED ALL .RIGHT.'£

Allegations that his extravagant living had been responsible for his' bankruptcy were made against Frederick Theodore Badcock, a cricket coach, in the Magistrate's Court to-day. Messrs. G. Anyon and D. H. Edgar, J.P's., were on the Bench. Mr. P. S. K. Macassey, Crown Prosecutor, conducted the case, and the defendant was represented by Mr. H. H. Cornish. Badcock was charged with that, having been adjudged bankrupt, he did by unjustifiable extravagance of living bring about his bankruptcy. And he was further charged with contracting a debt of £21 10s with J. T. Lewis without reasonable expectation of being able to pay it, as well as his other debts. RUNNING UP LARGE ACCOUNTS Mr. Macassey explained that there were two informations against the accused, .md both were laid under. section 138 of the Bankruptcy Act, 1908. Badcock arrived, in New Zealand in October, 1924, under engagement to the Wellington Cricket ■ Association at a salary of £5 a week. He was a married man with no children. "Shortly, after ho got here," said Mi'; Macassey, "he commenced to run up large accounts, and in two and a half months his liabilities had reached £643 15s 3d. We say ho could not possibly have any reasonablo expectation of being able to pay these amounts. I understand he got a flat on the Terrace at £3 a week, and later ono at Kelburn at *>Z 10s a week. We say he has brought about his bankruptcy by extravagant living."NO ASSETS ! The first witness was Mr, S. Tansley, the Official Assignee, who said the accused was adjudged bankrupt :on the 28th April, 1925. •' Witness produced a statement of the accused's affairs which showed his liabilities as £468 Is lid, and his assets as nil. The debts were incurred from Ist October; to 19th December, 1924. Witness produced accounts which accused had contracted as follows:—J. T. Lewis £21 10s 6d, E. C. Browne £35 8s Id, Scoullar and Co. £35 11s 6d, Kirkcaldie and Stains £91 13s lOd, Whitcombe and Tombs £34 Is Bd, E. W. Mills and Co. £82 19s, Harold Brown and Co. £23 16s lOd, T. and W. Young £16 2s. On 29th; November j when the accused incurred Lewis's debt, his liabilities were £314. There were no assets.. Witness produceS statements made by the bankrupt, in which he admitted owing- certain money. Mr. Cornish objected-to the statements on the ground of irrelevancy. ■Mr.'Macassey: "He says he still owes the Grand Hotel £20. Also he had a | flat at £3 a week. He says 'I ran i through my money in threo weeks.' Be- | fore he' incurred these debts he owed the ] Grand Hotel £20. He wais paying £3^i j week for a furnished cottage, and his | salary : was £5 a week. That is an ad- \ mission that he knew what his position was. When^he had £2 a week he had no right td incur these liabilities." The Court ruled that the statements were relevant. ' The witness said, that at the time of the bankruptcy the proved debts were £643 15s lOd, and the assets, wero nil. Since the bankruptcy assets amounting to £69 had been realised. • To 'Mr. Cornish the witness said that the total debts incurred in New Zealand up to 19th December were' £567. This item would include legal costs. The amount included £15 15a solicitors' costs and " £49 12s for a gramophone from Pinny's. Witness said the gramophone had since been.returned. About £7 17s worth!of records had also bean bought. About £42 represented rental and deposit for the gramophone., ■ Mr. Cornish: "It can be said'that the net result of £500 represents tradesmen's accounts on 19th December, 1924?"—"Eoughly, yes." "HE WAS INTRODUCED" • Mr. Macassey proceeded to call evidence to substantiate the accounts. Ernest Cecil Heald, manager of E. C. Browne's, said the defendant's account of £35 8s Id had not been paid. The witness said that Badcock was introduced by a member of a well-kn&wn firm of merchants. "I thought his credit was good enough," he said. . Mr. Cornish: "You never inquired from the Cricket Association about the man's position?"—" No." "No doubt you are not in the habit of giving anybody £40 credit. It was not on any representation by Badcock that you were induced to give credit?"— "No. 1' ' Norman Hugh Graham M'Farlane, secretary of Scoullar and Co., with whom Badcock had contracted an account of £35 lls 6d, said that Badcock asked to have a monthly account, which would be paid - the month following the purchase j of the goods. "I knew what his posi- ! tion was," said the witness. I made no inquiries from the Cricket Association." Mr. Macassey: "I object to that." Mr. Cornish' (to witness): "It was enough for,you that he was Captain Badcock' and appeared in a good position."—"Together with his assurance of payment." ' < ■ ■ ■ Mr. Cornish: "I suppose you were somewhat impressed by the 'captain" aspect?"—" Not at all.": . • Campbell Young, of T. and W. Young, said the defendant's account with his -firm was £16 2s, contracted through the purchase of liquor. Mr. Cornish: ."You aru very benevolent people, Mr. Young.' Did you make any inquiry?"—"He was sent along "by a friend. I thought he was all right." "You don't like to give that friend's name?"—" Certainly not.", ■ "THE MAN LOOKED ALL RIGHT" Similar evidence was given by Francis Joseph Hai'dwicke (H. ■• W. Brown and Co.), and Joseph Theodore Lewis. "I thought the man looked all right," said Lewis. "He said he would pay something each month. I stopped his credit because he had not.paid for his suit, and had ,ordered two pairs of trousers." "The trousers Were not gone'on with?" —"He got them, unfortunately." \Toseph Henry Wagg, manager for E. W. Mills and Co., denied that his firm asked Badcock to take bats and sell them. '-' Unfortunately I did not put a limit on his account," the! witness said. Mr. Cornish: "Badcock did not mislead you as to the financial-position?"— " No.", ' Evidence as to unpaid accounts was also given by Edmund John Archibald (Kirkcaldia and Stains, Ltd.) and Benjamin Philip Gully (Whitcombe and Tombs, Ltd). . - . EXTRA REMUNERATION Mr. Macassey called Charles Geldard Wilson, chairman of thfi Wellington Cricket Association, to prove 1 the agreement between Badcock 'and. the Welling-j

ton Cricket Association. Mr. Wilson said the contract gave Badcock a salary of £250 a year. Cross-examined by Mr. Cornish, the witness said that £250 a year was not to be Badcock's sole source of income in Wellington. ." We were prepared to guarantee £250 par annum for two years for a man to act as cricket coach," he said. "If we got the right man, we had behind our minds the idea of endeavouring to get him a situation during the winter months^ I understand Badcock knew that. When Badcock arrived here he had reasonable expectations of additional employment and remuneration other than that from the Cricket Association. As far as tho position for which he was appointed is concerned, I can say as chairman of the WellingtonCricket. Association that he has given undoubted satisfaction." PAYMENT FOR COACHING "To my knowledge he has augmented his. remuneration by private coaching. Members of our committee have assisted him to get pupils at the rate of 10s an hour. In November he was justified in having expectations of supplementing his remuneration by coaching, but the infantile paralysis affected his . coaching, as the Government would not allow the young fellows from the schools to congregate. That was ill November or December." The witness added that Badcock's prospects were private coaching and a good position at the end of the season. He could also add tip his income by lectures. He was arranging for lectures in the coming season. Mr. Cornish: "Do you know if he has prepared a certain book on cricket?"— "I have read it." "Is it a book likely to sell readily?" —"It is quite good." "It is not published?"—" Want of money." * The witness added that it was reasonable for Badcock to expect to make £600 or £700 a year in a good season. ' This closed the case for the prosecution. "A COMPLETE ANSWER" Before adjourning, Mr. Cornish intimated that he would call Badcock and other witnesses. Counsel contended he had a complete answer to ihe charges which would not warrant the Court sending the case on for trial. (Proceeding.)