IN BANKRUPTCY.

Mataura Ensign, Issue 1256, 7 November 1903, Page 2

IN BANKRUPTCY.

RE, C. 6. THUBSTON, GOEE, AGENT; LIVELY PBOCEEDINGS. A meeting of oreditors in this estate was held at the Gore Courthouse yesterday, Mr R. Dewar, Deputy Official Assignee, presiding. Mr Poppelwell appeared for the New Zealand Loan aud Meteantile Agency Co., Mr Bowler for Thos. Attewell and J. E. Watson and Co., and Mr Inder for Henderson and Batger. There was a full quorum ol creditors present. Debtor (whose statement ae already published was read) examined by Mr Bowler, swore that the statement showed' all his assets. He had no property, Had no property in East Gore. Lived on a property in East Gore which be formerly owned, but sold it. Bather he bought it for Charles, Gore. It got into Gore's hands some time; back. Could not say exactly if it came into his name on the day the Supreme Court judgment re Attewell was given against him. It should have got into his name twelve months ago. Did not know where Chas. Gore lived. His address was Chas. Gore, commercial traveller, Wellington. Beceived £IOO from him five years ago. Hai received no money from him since. He called at Gore sometimes. He travelled for photo enlargements. Could not say what firm he worked for. Mr Bowler: You say he lent you £IOO five years ago. That was rather foolish, wasn't it?

Debtor: Better lor him to lend me £IOO than you five shillings. Continuing, debtor stated that Chas. Gore was in Gore about six months ago. Thousht he was in Wellington now. Debtor expected he would have to pay (lore rent. Did not know how much. Made arrangements to leave the East Gore property. Did not know if Gore paid him £25 when the property was transferred. The sum of £25 was shown on the transfer, but " they could not always take what was on the transfer." Could not say how old Gore was probably about 80, He was not travelling with piotures in Gore. Could not say where he stayed in Gore. Last time he was in Gore he came from the South, and witness met

him at the train. Neither gave him any money nor received any from him. Five years ago debtor got the last money from him.

Mr Bowler : Don't you think you were kind to Mr Gsre to transfer your property to him without any money passing? Don't you think so? Debtor: I think you're a fool. Mr Bowler: Now, be careful or you'il get committed. Debtor: You'll get your head in a tight place.

Mr Bowler: Are you the man to do it? Debtor: Yes, any time. Bought a property near Broughton street with a house on it from Mr John Fraser. That was in Mr Chas. Gore's name also. Mr Fraser did not see Mr Gore, nor was the latter there when the property was transferred. Was getting no rent for the property. Could not say if it was tenanted. Did not know if there was tenant in it when Attewcll got his judgment. Lifted the rent up to the end of August. Witness put the house on Fraser's section. The house cost about £22. Witness bought it from Mr Latham, and shifted it with his traction engine. The traction engine did not belong to witness. He was managing it for his children. It was bought with the money left to the children by their mother. Witness was trustee under his late wife's will. She left her money to her children. He did not know what money she hud. He did not remember what money she had. Her property consisted of stock and implements and improvements on the property. Her life was not insured. Witness had a life estate in the property while he was a widower. Was in partnership with MiBaldwin in the traction engino. Had not the deed<of partnership with him. Was in half shares with the mill and engine, and Baldwin owed him £2OO in respect of his share. Was carrying out a contract for shifting the Central Waimumu dredge. Had received no money from the contractor yet. Had given an order to Samuel Walker for £OO against the contract money. At this stage (up to which the witness' replies had been almost inaudible) debtor became excited and accused the examining counsel of fraud, robbery and conspiracy, which provoked a request from the Assignee to the witness " to speak a little louder when telling the truth." Examination continued: Could not say how long ago it was that he gave the order. It was signed by debtor and Walker give witness £SO. Samuel Walker, farmer at Otakarama, deposed that he had an order for £6O from Thurston. Had it at home. The order was on flames Alexander. Gave Thurston £SO on the order some weeks ago. The money was paid in three ten pound notes and four fives. Got lhe notes off his farm —(Laughter.) Had not presented the order to Mr Alexander yet. Debtor re-called, stated that he had no property at Waimumu next Gallagher's. Tried to buy the property from the N.Z. and Australian Jjand Co. Had the right to buy at £1 7s 61 an acre. Never paid any money on it. Had no books in his business of moneylending and book debt collecting. During the past two years had been doing no business as a money-lender. Had a bank book—' banked with the Bank of New South Wales. Had Saniuel Wajlcer down on his list of creditors for £357 }2s. Could not remember if the order to Walker was signed last Tuesday night, 3rd November. At this stage the witness flounced out of the box and assumed a belligerent attitude towards Mr Bowler. On Sergeant McKenzie being sent for matters calmed down considerably.

Examination continued; Mr Walker's debt ef £t!s7 12s was for money lent five years ago. No money was owing to witness. Walker paid £lO for all the book debts and p.n's. he held. The deal was fixed up two or three months ago.

To Mr Inder: Owed Henderson and Batger some money. Had an order on that firm for money due for threshing. Presented that order to Mr A. A. Scott Told Mr Scott he would soon pay him. Did not say "If you help me through this and best Attewell I will pay you if I get the money." Said something to that effect.

fo Mr Poppolwell: Said practically the same thing to Mr Sharp, of the Loan Co. He was morally responsible for his debts. Mr Henderson, solicitor, prepared the transfer of his property to Mr Gore. Could not say if Mr Henderson s.iw Mr Gore. Gore gave witness money to purchase property for him' Jive years ago. Purchased the East Gore property fronj Mr A. Latham for Mr Gore. I'aid £SO deposit on it. Could not remember what the total cost was. Had the property in his own name for five years. Was now square Mr with Gore. Put in a claim for £IOOO compensation in respect of the liast Gore property when the Waikaka stream was declared a sludge channel. I'be property was his at the time, and hud not then been transferred to Mr Gore. There was close on £SOO of bis late wife's money invested. Tho original cipitalwas about lhat amount. Was sure there was no life insurance. Believed his wife was insured orice, but the policy lapsed. Since her death witness had not drawn any money in respect of any policy, nor had any member of his family done so. Was happy to say he bad not done so. Did not care for blood money.—.(Laughter.} .Cross examined by Mr Bowler: Bought some dredge buckets from Mr Grahr.m for £3 10s. Buught thein for Mr Walker.

To Mr Latham; There was formerly a partnership between himself ar,d Mr W. Robertson in the threshing njill business. Got certain goods from McOallum and Co. When tbe partnership was dissolved Robertson paid his half of all t}ie accounts owing, but witness had not paid tbe partnership account owing to McCalluni and Co. Got half the cost of a fence from Mr Wyber, but had not paid MoCallum and Co. for the material.

Mr A. A. Soott (Henderson and Batger) said after hearing the examination, he considered the answers given by tbe debtor were not satisfactory. He moved " (a) That Mr Bowler be appointed solicitor to the Assignee; (b) That it be a direction to the A signee (1) To take immediate steps towards seizure of bankrupt's interest in the partnership known as Baldwin and Co. or Baldwin and Thurston ; (2) To tike step 3to investigate the transfers to' Charles Gore, and make enquiries as to the existence of Cbtir'es Goit ; (3) To apply for an order directing tli it nil letters directed to bankrupt be delivered to the Assignee ; (4) That it is desirable that the debtor should submit to a publis exami ation before the Court."—Seconded by Mr J. Graham (J. E. Watsoi and Co.) and carried. P It was further decid d that the proved creditors in the estate subscribe, pro rata, a sum not exceeding £>o towards the Assignee's I expanses in the matter. The meeting thereafter adjourned.