DISTRICT COURT. Monday, 8th December. (Before His Honor Judge Ward.)

North Otago Times, Volume XXVIII, Issue 2369, 9 December 1879, Page 2

DISTRICT COURT. Monday, Bth December. (Before His Honor Judge Ward.)

LARCENY. John Wolhofft was indicted with having, at Papukaio, on tlio 31st October, stolon four L5- notes, one IA-noto, four ■hillings and twopence, various weariug apparel and othor articles, the property of one Frank Barber, and of the value of L 22 sterling, or thereabouts. Mr White, Crown Prosecutor, conducted the prosecution. The prisoner, who was undefended, pleaded not guilty. The evidonoo in this case has alroady boon published. The jury after a short adjournment found the prisoner guilty, and his honor sentenced him to 12 calendar months' imprisonment with hard labor. IN BANKRUPTCY. In re George William Bush. —Mr Creagh applied for the discharge of the bankrupt. — Order granted. In re Samuel Rusbatoh. — Mr Balmer applied for the discharge of the bankrupt. — Order granted. In re Colin Campbell. — Mr O'Moagher, for tho bankrupt, appliod for an order of discharge. — Granted . In re Thomas Ferons. — On the application of Mr O'Meagher an order was made for the dischargo of the bankrupt. In re William Rayner.— Mr Newton Applied for an order declaring the deed of arrangement in this estate completely oxocuted. — Order granted. In re John Thomas Evans. — Mr Creagh applied for an order of dischargo. Mr O'Meaghor appeared to oppose the granting of the order on behalf of certain creditors. The bankrupt was placed in tho box and examined by Mr O'Mongher. Ho stated that lie had been in partnership with Messrs Loos and Moore since 1870. Ho bought into the firm to the oxtont of L 350. He had landed property at that time. He remembered tho Deed of Arrangement drawn up, and obobjectod to it, because the partners' private estates wore not included in the schedule. Ho did not offer Mr Greenfield a bill of sale over Mb furniture, but offered to sell it to him. He had a^rood with tho trustee to keep certain of his furniture, to be paid for out of money coming to Mrs Evans. Monoy, some L6OO, was lent to him by his wife. Was not aware at the time of tho transactions that no such transactions could bo mado between a man and his wifo. Tho reason ho did not nil immediately after tho docd of arrangement was objected to was booauso ho thought Air Lues would bo ablo to make arrangements in Dunodin whereby tho filing would bo rendered unnecessary. Examined by Mr Croagh : Tho money which ho received from mortgage on his property near tho Boundary was paid into the partnership account. Paid in all about L2BOO into tho business. Tho chief cause of insolvency was tho delay in completing the contracts of Jack, Steel, and Hondry, and Sidon, by which they lost the season. He calculated tho loss from this cause, and the loss on tho salo of the Toaneraki mill, to be about L7OOO. Ho only rocoivod about L6OO or L7OO out of the firm. Re« examined : Ho did not know at the time of filing that the Woihaorunga property was not owned by Messrs Loos and Mooro, but was hold by thorn as trust property. Ho understood from Mr Lees that if the Waihaorunga property could be realised at a good price that Lees and Mooro could have lent tho firm of J. T. Evans and Co. somo considerable sum to carry on with. There was a delay of about four months in the completion of tho contracts. Tho Toanoraki mill was sold to Mr G. Bruce for L 2450, on terms. By Mr Creagh : My private estate, as far as it has been realised, has paid my private creditors in full, and left a considerable balance to go towards paying tho firm's creditors. Charles Gifford Mooro, a partner in tho late firm of J. T. Evans and Co., sworn, said ho romombored tho time of tho oxooution of tho deed of arrangement, but ho novor had any conversation with Mr Evans regarding the disposal of their privato estates. Mr Evans hesitatod to sign the deed, but witness could not remember that any special objection was made. Ho did not remember any special conversation with Mr Evans on tho question of filing. Mr O'Meaghor submitted that at the timo tho deed was filed, there was a deliberate attempt to hinder their creditors to tho utmost extent from obtaining rodress at the Supremo Court. As soon as that deed was rojocted by tho creditor*, it was tho duty of Mr Evans to filo at once. His Honor : Really, Mr O'Moaghor, can you say that there was any attempt to defeat the creditors by a delay of eight or ten days I Mr O'Meagher submitted that the bankrupt was not entitled to an immediate order of discharge, as ho had not mot tho creditors as fairly as ho ought to have done. Mr Croagh contended that nothing had been shown why tho order should not be granted. As to the mattor of the offer to sell his furniture to Mr Greenfield, it had been stated to the Court by the bankrupt that he intended to apply tho proceeds of the salo to paying his private debts, whioh he was perfectly entitled to do. He also contended that as the bankrupt had shown that ho was deterred from filing through negotiations Mr Lees was making, which, if successful, would not have necessitated filing at all. His Honor briefly referred to tho facts of the case, expressing disapproval of the transaction between the bankrupt and Greenfiold. Tho othor matters would again come boforo tho Court. Ho would suspend the order for threo months. In re George Alexander Harris. Mr O'Meagher applied for an order for the bankrupt's discharge. Mr Newton appeared to oppose on bohalf of the trustee. The bankrupt was examined, and said, ho bad offered his creditors 7s 6d in the £. Mr Sumptor was to guarantee. He was to give him all his estate to secure him. He made an offer to the trustee to pay 6s in the £, which was to come from the same source. He had no property except what was mentioned in hi« state-

ment filed in Court. Ho bo) loved he did not pay A, E. Oamoron L2O during the month previous to his filing. In March, 1879, be received L2OO from Mrs Grant for the purpose of paying a dividend to Laohlan Grant's creditors. Ho opened An account at the Bank of New Zealand, and put it in to "G. A. Harris's trustee." Ho afterwards carried on his business through that account. He had puid nearly all the L2OO to Mr Grant's oroditors. The balance in the trust account should bo sulHoiont to pay the balance of Grant's dividend. Ho had attended a mooting of Grant's creditors sinco ho (Hod. They complained that he had not paid Grant's dividend, lie had since than paid some of tlioso creditors their dividends. He paid them from money he had in his pooket since ho filed. He considered that money hold in trust. Some time back ho gave a bill of sale over his furniture and stock to his sister. It was for money ho borrowed from her. He got LGS when ho gave the bill of salo. Ho owed her moro than the amount of the bill of sale. Soma of it he got about seventeen years ago. Ho was not in difficulties when the bill of salo was given. There was one of his bills dishonored before he gave the bill of sale. Examined by Mr O'Moaghor : I tried to got my sister to release the bill of sale. Mr Allen got mo to try this, and said he would get a composition arranged if I succeeded. I have lost about L2OOO by Galbraith and Co., also by Lachlau Grant between L3OO and L5OO. My exponsos coining back and forward from Duntroon to Oamaru, in connection with my parU norship with Galbraith and Co., I estimate at between L3OO and LbOO.'^n'jo made heavy losses through bankrupt^R, 0. S. Allen, trustee in the estate, examined by Mr O'Moaghor, said : I was present at a meeting of the oroditors whon Harris made an offer of composition, but I did not consider that thore was any likelihood of the composition being paid. The Bank of Now Zealand did not press Harris until the bill of sale was given. Mr Newton submitted that a discharge should bo withheld on the following grounds : 1. Misappropriation of Mrs Grant's trust money. 2. That the debtor had money in hit possession not tnon> tionod in his filed statement. 3. Giving a fraudulent preference to Miss Harris. He did not think tlio matter needed any further remarks. Mr O'Moaghor thou addrossod tlio Court, and contended that no doubt tho debtor thought thero was no harm in giving a bill of sale, as ho evidently expected to be able to pull through and pay everyone. As to Mrs Grant's trust money, tho bankrupt stated that ho had paid nearly all of it, and there was only a small balanco. He did not think it Buoh a bad case. His Honor agreed with tho view taken by Mr Newton, and suspended tho ordor of discharge for two years, Prohath. Mr O'Meagher applied for probate of tho will of Win, M'Konzio in favor of Mrs M'Konzio. Order granted. Tho Court then rose.