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Am I right in saying that in addition to your business as a plumber you carry on other bu imss ? -Yrs. j I think you do money-lending os well ? —Very seldom. Havo you not lent considerable sums to Mr Sleett ? I have. We havo heio ovidenoo to day Mr Ila’l that £44,000 went through Skoet’s hands in tho four years.—l heard that. llavo you made an eetimato of whet amount of that hna gono through your hands ? —1 havo not. Wo havr. Wou'd you bo surprised to hear that of that £44,000 you havo had over £ 10,000 ? —lt io vory likely’. Very likely— or,o-fourlh of the total takings, and boarirg in mind that and tho transactions you havo bad with Skeet, aro you prepared to say you loot him £l5O on tho strength of that bdanceahect ?—I did, I would not have lint him tbo money if bo had produced that balaneo-ehect with a debit. Have you not s*.nfcod that you would havo lent tho money opart from tho bo'anoe sheet ? Witness : No, I do say that I never refused Skort anything. When that balance-sheet was produced, did Mr Morgan say it was of no value ? Mr Morgan ssid tho balanca-ebeot did not show Skett’s position, aod he could not send it to headquarters. Skeet had beon borrowing money from you from timo to time ? Ho could not to.row tt from mo. You wero euarantoeiDg his account to tho (uno of j£soo ? Yos, because I was satisfied with the balance-sheet. I thought that ha would not put a balance-sheet in front of mo that was not correct. -Aro you prepared to say that it is not ? I am not preparoi to say that it ia not icorrect now. I lent him tho money on the 'strength of.the balance sheet, thinking ho was in a goad position. I continued to advnnce him goods on tho strength of that balarc-!-sheot, Do you remember on the 7th December haviug a conversation with Me HardiDg and defendant in regard -to the latter’s financial position ? —Yes. Didn’t you inform Skeot in D.oember that ho was a bankrupt on tho figures he showod you —I did. And yet you say you gave him credit to Deoember 19th 7 —Yss, tho office did, but not with my instructions. Well, tho jury oan dpoide as to that being without your instructions. This £l5O has never been repaid V —No. When you gave Skeet that £IOO you got a p.D. for a month ?It was dishonored. It foil dun on November 15tb, and was the only £l5O duo to you in November ? That was the only JGISO, but there were other amounts. Is has cot been repaid to ms. Will you swear in this Court that it has not hern repaid ?—Not that self same £l5O. I bold the bill. Has that £l5O been paid?—Not to my knowledge. 1 suppose you have a knowledge of your own business. Who keeps your books'?— My daughter does. Undor your instructions ? Yes. Do you remember on December 7th making arrangements wilh Skeet that ho should pay you cash orders on his contracts thon in band?—No, not on that datc,-

Well, was it later ? —On that date Skeet promised to give me cash orders for £794. Although ho knew he was bankrupt ? l r es. Wei 1 , the Official Assignee will havo something lo say about that. And you were paid tho L 794 ?—No, he gave mo no orders for that, but for L4OO. Mr Lusk : L 790. Witness : He gavo me a certificate from the architect for L4OO odd. Mr Lusk : And he gavo cash orders on persons for whom ho had oontraefs ?—The money is not virtually due yet, and I have not collected it. You have the cash orders. Will you look at that (handing witness a paper), Is not that a statement of acoounts from you ? That statement of account shows the amount due. It shows at tho bottom that you have showed him credit for L 790. Yes, it is a rough statement. That is not a rough statement. The Ll5O and L79Q are given oredit for.—l say that Ll5O is not paid because he has not taken my bill away. You might say the same of tbo other P.N.’s. His Honor : What is the amount of your preof in ihe bankruptcy ? Witness : LI2OO, including the bank overdraft. Mr Lusk : Fiom your statement you are admitting that that Ll5O was paid as far as Skeot was concerned ?—No, it does not.

Taka these items Witness : Well, you woull have to tako thpso and leave otheis out. You would have to inoludo the Ll5O in tho L 790 ?—I havo never rtc.ived the Ll5O. In reply to Mr Nolod, witness said tho amounts ia the statement referred to by Mr Lusk rrpreeontod uefinisbod contraols. “ I threatened to put workmen’s liens on those jobs,” said Mr Hal), ”if he did not givo mo that.” Mr Nolan : And you say you got L4OO of it ?—Y s.

Mr Lusk : Aud you have got the cash orders for the balance ?—Well, they are Dot duo yet.

Mr Stock said bo did not intend to call evidincc. Mr Lu-k addressed the Court at somo length, submitting that there was not one tittle of evidence before the jury lo show that a false balance sheet had been submitted. He contended that tbo whole facts of the ease showed that Mr Hall had not been induced by tho balance sheets submitted to give defendant oredit, but that his transactions with Skeet were in the . nature of contrac'or and subcontractor, and wore entored icto by Mr Hall for tho pit fits gained thereby. He also put forward that the £l5O had boon repaid in tho part payment made by Skeet. His Honor in summing up said the jury would have to be thoroughly satisfied that it wai a false balance sheet and that defmdaDt acted with fiauduhnt intent. Tbo jury after about a quarter of an hour’s retirement returned a verdict of not guilty. Ia tho thiid charge against defendant do evidence was produced, and a verdict of not guiliy was returned.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/GIST19060512.2.36

Bibliographic details

Gisborne Times, Volume XXII, Issue 1747, 12 May 1906, Page 4

Word Count
1,027

Untitled Gisborne Times, Volume XXII, Issue 1747, 12 May 1906, Page 4

Untitled Gisborne Times, Volume XXII, Issue 1747, 12 May 1906, Page 4