THE COURTS—TO-DAY.

Evening Star, Issue 7480, 26 March 1888, Page 2

THE COURTS—TO-DAY.

SUPREME COURT-IN BANKRUPTCY.

(Before Mr Justice Williams.) APPLICATION'S FOR FINAL OP.DEBS

Be Charles Nicholson.—Case to stand over for fourteen days. Re George Wilson Bridges.—Order granted. Re John David Herbert.—To stand over.

Be William Hutchixgs. To stand over.

Re Donald M'Kenzie Spedding.—Dr Pitchett appeared for the applicant.—His Honor said that the Assignee's report seemed to bo satisfactory ; the bankrupt's losses were simply due to the depreciation in the value of property, and all his debts appeared to be due to secured creditors. The Assignee said that such was the case.—Dr Fitchett gave as an illustration of the depreciation that a property near one purchased by the bankrupt was a few years ago worth LI 8,000, but that now L 3.000 could not be obtained for it. Order granted. Be. John Otto. —Mr Macdonald appeared for bankrupt.—Order granted. MOTIONS FOR PAYMENT OF COSTS. Be Francis Leake Clarke.—Motion for payment of costs of Official Assignee's solicitor.—Mr Solomon appeared in support of the order, which was granted. Re Beriaii Patterson Robinson. Motion for order for solicitor's costs.—Mr Webb appeared in support of the order, which was granted. Be Same.—Motion for order for payment of Official Assignee's solicitor's costs.—Mr Webb appeared in support of the order, which was granted. RELEASING ORDERS. The Official Assignee moved for releasing orders iu respect of eighty-six bankruptcy cases, and that the moneys in the various ' estates be paid to the Public Trust Office.— Orders granted. MOTIONS ANXLLLINO BANKRUPTCIES. Be William Matthew Hodgkins. Motion (1) for approval of composition ; (2) tor filing deed of composition; (3) for annulling bankruptcy; (4) for payment of bankrupt's solicitor's costs. Mr Eraser appeared for the bankrupt. The Assignee said that the proposed composition of L3OO was considered a fair one; the costs had been valued ac a large amount, but they had been analysed by members of the profession, who considered them not worth more than L2oo.—His Honor remarked that State costs were almost as bad a debt as a publican's score.—The order as asked for was granted. Be Thomas William Hcngerfokd.— Motion (J) to enter and file deed of composition ; (2) to annul bankruptcy ; (3) re costs. Mr Webb appeared in support of the application.—Order granted. motion to set aside conveyance, etc. Be Francis Leake Clarke.—Mr F. R. Chapman appeared, on behalf of the Assignee, to move for an order to set aside a conveyance of certain property on bankrupt's wife ; Sir R. Stout appeared for Mrs Clarke; Mr Fitchett for Mrs Clarke's trustee.—Mr Chapman said that the motion was to set aside a conveyance dated July 17, 1880, by which the bankrupt conveyed certain property in Clyde street to one William Reid on certain trusts. Reid was no longer trustee. W. J. Rudd having been appointed on June 2, 18SG. What was now sought to be impeached was that under the settlement certain payments in favor of the party on whom the property was settled were made out of the bankrupt's business during the period extending from June, 1878, to July, 1884, and that such payments were fraudulent. The property was purchased from the Equitablo Financial Company, and was paid for by monthly instalments of L 5 2s each, with a lump sum of L 43 4s as the last payment. Counsel submitted that these payments were fraudulent, and must therefore be void, inasmuch as they were made to defeat the creditors. It would be shown by evidence that the bankrupt went into business ten or eleven years ago with a small capital—about L4O. He appeared then to have had a partner named Templeton, but in 1879 one Wright went into partnership with him, putting in Ll5O, but remaining in the business only four months, and takiDg back his money in bills extending over a long period. At the date of Wright's going, and also on his going out, the bankrupt drew up a balance sheet that was of a very sanguine character, there being nothing to show that there was money or money's worth in the business. He drew up a balance-sheet in ISB2 also, by which he made himself worth L2OO, but in which he valued the goodwill of the business at L3OO and the value of his leasehold property, "when compared with adjoining sections," at another L 300; so that, if these two items were deducted, he was actually at that time L4OO to the bad. He bad also over-estimated the value of his other assets, such as horses and plant. In January, 1884, his balance-sheet showed that be still retained the two values of L3OO each, while he estimated the credit of the whole business at LBO2. He had, however, taken off nothing for bad debts. In January, 1885, his balancersheet showed the same values of the goodwill and property, and in September of the same year the balance-sheet was still tho same. Iu July, 1887, however, he drew up a balancesheet showing that he valued the goodwill at L4OO, and the property at L 250. Subsequently to the drawing up of that balancesheet, he seemed to find that he was in difficulties, and that he must re-state his accounts with something like a correct balance-sheet, and thrn the two values of L3OO each did not appear, Counsel submitted that the bankrupt was not justified, under all the circumstances, in making out of the business the payments on the property.—Evidence was given at considerable length by the bankrupt, James Wright, John Brown (clerk to bankrupt), and the Official Assignee.—Witnesses on either side were also called as follow :—Mrs Clarke, David Findlay, J. R. Scott, and George Blyth.—Mr Chapman then submitted that a case had been fully made out, showing plainly that the bankrupt had no right to make the payments referred to. [Left sitting.]

RESIDENT MAGISTRATE'S COURT. (Before E. H. Carew, Esq., R.M.) Stewart, Denniston, and Co. v. J. M'Lellaud (Kaitangata).—Claim, L 6 2s 2d, balance of account for professional services rendered. —Judgment by default. E. F. Lawrence v. B. Ellis.—Claim, LI 6s lid, on a judgment summons. Mr Denniston appeared for plaintiff. Defendant was ordered to pay the debt by weekly instalments of Is, in default forty-eight hours' imprisonment. A. Hutton v. D. M'Dougall.—Claim, L 27 17s Cd, for wages, etc. Mr White appeared for plaintiff, Mr Gallaway for defendantJudgment was given for defendant. Hogg, Howison, and Nicol v. M. M'Gillon. Claim, L 26 10s 4d, on a dishonored promissory note.—Judgment for plaintiffs by default. CITY POLICE COURT. (Before Messrs H. S. Fish, andß. Chisholm, J. P.p.) Drunkenness.— James PuUen was fined sa, with the usual alternative. Vagrancy-. Eliza Hardin;/, charged with having no lawful means of support, pleaded that she was only a fortnight "out of trouble." Sergeant Geerin stated that prisoner was in the habit of accostiDg men for improper purposes, and that she slept in sheds and out-houses.—Fifty-seven previous convictions having been proved against her, sjie was sentenced to'three months' imprisonment. ' ' ' Deserters. Charles Jenus and John Weeks admitted deserting from H.M.S. Opal at Port Chalmers.—Sergeant-major Bevin stated that the desertion was reported on the 21st inst., and that the accused were arrested near the Tokomairiro River on Saturday last.—They were remanded to gaol till released by one of Her Majesty's naval officers.

Alleged Abson.— James Riddel was charged on the information of Detective Bain with having, on March 20, at £irk Hall Farm, near Mosgiel, maliciously'set fire to two stacks of grain and one stack of straw, of the value of J430, with intent to injure John Taylor, the owner. Mr Holmes appeared for the defence.—Detective Bajrj

asked for a remand for a week. Prisoner was only arrested at five o'clock on Saturday night, and was not brought into town till near midnight. All of the witnesses lived at a distance of nine or ten miles from the court-house, and were not in attendance.—The remand till Monday next was granted, bail being allowed in accused's own recognisance of LSO and two sureties of L 25 each.

Stray Horses.— Dongald M'Goll, charged with allowing three of his horses to wander on Forbury road, Caversham, was fined 53 and costs.

Attempted Suicide.— Thomas Grompton Qibbs was charged witli having on the 22nd inst. unlawfully taken a quantity of spirits of salts, with intent to destroy himself.— Accused pleaded that the attempt could not have been a serious one, as he was at work thirty-six hours afterwards. Sergeantmajor Bevin said that accused's wife saw him take the spirits of salts, but of course her evidence was not admissible. Dr Martin stated that on Thursday last he was called to attend the accused. He found him lying in a room at the back of the house evidently in a helpless state of intoxication. Witness had been informed that he hadswallowcdspiritsof salts. An examination of his mouth and throat showed that he had swallowed some very corrosive substance—probably spirits of salts. His tongue and throat were all swollen up, and he was nearly suffocated. The accused was nearlykilled through suffocation. Had lie swallowed the stuff that he took it must have killed him.—John Watson, a boy, stated that the accused was his stepfather. On the evening in question accused had been drinking. He saw him go out into the workshop and take some spirits of salts which he used for soldering. Accused came back and told witness's mother that he had taken poison. To accused: There was just a little drop in the mug ; he could not say how much. —Sergeant O'Neill gave evidence that he went to accused's house on the night of the 22nd inst. He was held down on his bed, appeared to be unconscious, and was suffering intense pain. Next morning witness again saw him, and he was then conscious. In answer to witness's question as to why he took the spirits of salts, he said "I am tired of my life, and I will do it yet."—Accused : I could not have meant that when I said it—Sergeant-major Bevin wished to examine the accused with respect to a supposed previous attempt at suicide, but the Bench held that the evidence was not admissible. The Bench said that though it was somewhat irregular, they would like to ask Mrs Gibbs whether her husband was likely to attempt his life again. —Mrs Gibbs stated that it was drink that was the cause of his act. He would not be likely to do so when sober.—Mr Fish: The Bench have decided to commit the accused for trial, and they are mainly guided in doing so by the fact that the criminal sessions are so shortly to be held—on April 4. They are really under the impression that Gibbs will not attempt to commit this offence again ; but as the criminal sessions meet so early the inconvenience that lie will feel in the meantime will not be very great, I have no doubt that the Supreme Court will look on it very much as the Bench do, and that they will conclude that justice will be met by his discharge. Of course I am not anticipating what the Supreme Court will do. Under all the circumstances, and but for the fact that the Supreme Court sitting is so near at hand the Bench would possibly have felt iuclined to dismiss the case.—Accused asked that he might be admitted to bail.—The Bench: You can make application for bail in a day or two. I think myself it would be better if you arc not about for a day or two.