LAW AND POLICE.

New Zealand Herald, Volume XXII, Issue 7342, 1 June 1885, Page 3

LAW AND POLICE.

BANKRUPTCY. Debtors' Examijutmits. Augustus LiNABDEr (Draper).—This debtor, in his examination on oath, before the Official Auigoee, made the following statement in regard to his affairs :—I am a draper, and started business about the middle of 1863, at No, 208, Queen-street. Auckland. I then had a - capital of £19. Messrs. Harconrt and Co., of Wellington, supplied me with goods to the value of £300. I paid a weekly rent of £5 and rates, for my business premises. I also procured goods from various merchants in Auckland! During the first twelve months the business paid.. On taking stock at the end of the first year, I found a balance of about £300 to the good. Since then my business gradually fell away, owing, firstly, to a sale of a large drapery stock by Cosgrave and Co., who carried on business next door to me; secondly, to the limited capital and credit, which I could command. Messrs. Coupland ft Co., landlords of the business premises, knowing that I was short of capital, allowed the rent to run on to the extent of £460. After it had reached this amount, on the 13th of May, 1885, they distrained for the amount, and a week afterwards, the whole of my stock, which I valued at £1,500, was sold by public auction, realizing under £500. Other creditors also pressing me necessited my seeking the protection of the Bankruptcy Act. Immediately Messrs. Coupland and Co. put the bailiff in possession, I consulted three of my principal creditors, - Messrs..- Shera Bros,, O. Lewis, and Harcourt and Co., and, acting under their advice, I closed the premises, and they employed Mr. Chatfield to prepare a stock balance-sheet. I have not seen the result arrived at, but believe it stands as follows :Stock-in-trade, £1209 2* Id ; book debts, £129 13» 9rt ; fixtures, £208 2s lid Assets, £1536 ISs 9d ; liabilities. £2296 4s lid. - The latter itsm includes £460 for rents, for wMt;h the whole of th» abo re aiasts, tr t>s Use book debts and an. Iron safe, were 3t«.' s;:<.d by aucv-on. Vss Je'.'d and residence at Porisonby, *hich celonged to my wife, and my furniture have been soJd under bill of sale, &c., for £150 less than the liens on them. I have no other assets or prospects beyond what I may acquire by my own future exertions, POLICE COURT.— Saturday. [Before H. G. Seth Sm'th, Ei'q., R.M.] The St. Louis Murder. — Theodore Cecile D'Aoquier, alias W. H. Lennox Maxwell, on remand from May 23, come up on the charge of murdering Charles A. ParMler, in the Police District of St. Louis, United States, on or about April 5. superintendent Thomson applied for the usual remand of eight days, pending the officer from America, and in doing so said he hardly expected him to be a passenger by the incoming mail steamer, but he would be almost certain to arrive by the next, steamer. Mr. E. W. Barton, who appeared for the accused, offered no objection. Hia Worship granted the application, and ' remanded the accused to Saturday, June 6. - [Btfore Most a. F. L. Prims and C. D. Whltcombe, J.P.'e.] Habitual DRaNKKNNEfs.Mary Oakee (an old woman well known to the police) pleaded not guilty to being drunk in Albertstreet last night, also with being four times previously convicted during the preceding six months. Constable Keany proved the case. A sentence of three months hard labour was imposed. Alleged Br raking and Entering.John Ayres, on remand from May 27, surrendered to his bail upon the charge of breaking and entering Messrs. Hart and Levy's shop, Victoria-street, and stealing a quantity of jewellery, valued at £125, on or about June 19, 1884. Mr. Hudson Williamson, Crown Prosecutor, instructed by Messrs. Hart and Levy, with consent of Superintendent Thomson, conducted the pr . jeoution, and Mr. T. Cotter represented the accused. Bernard Levy, partner in the firm of Hart I and Levy, pawnbrokers, Victoria-street, deposed that he entered his premises about half-past a.m. on June 19, when he found two constables there, and was'informed his safe— a vti-y strong deed box— which was locked the night before. He missed a neckshop had been broken into. , He found the lace of coins, a silver ring, and also discovered that a diamond ring and studs, gold watch and chain were also stolen. He alsc missed a watch (produced), a gold hunting level by Rotherham. He recognised it by no marki or number. It was subsequently in the possession of young Saunders, who produced it ii the presence of Mr. 1. Levy, who claimed it at his. In a conversation he had with the accused subsequently, the accused said he had never known he had been robbed, and said he had bought it over the counter. About the time of the robbery accused was frequently in witness's premises three or four times a day doing work for him. The accused knew the back entrance and also the strong box. He wan also aware, of the contents, having r.een him (witness) open it, and handed him some of the articles. The day after the robbery the accused was in the shop, and witness, to relieve himself, told him that be had beer robbed, that he was robbed of a watch and chain, a diamond ring and studs, a coin necklace and a brooch, Emanuel Mendelssohn, assistant to Hart and Levy for the last three years, deposed that he locked up the shop in company with Mr. Levy on June 18. On the following morning he found the door leading into the shop open, with the iron bar displaced. There was an ordinary lock on the door, which could have been reached from the door. He knew the deed box. It contained a tea and coffee serviee, also a brown papei parcel containing a gold <val;ch and albert. He had not carefully examined the watch, He would recognise it from the numbei which he was told subsequent to the rob' bery. The watch was a gold Kotherhan lever. John Foster Saunders, tailor, Queenstreet, deposed that he had had many businesi dealings with the accused, and purchased s watch from him on December 8, last year, foi £14, and thought he had it in his possession tv i or three days before. It was a gold watch, one similar to that (produced). He wanted it for his son, and gave it to him, Cross examined : He had always found hit dealings with the accused satisfactory. The watch was taken out of the window fronting Wellesloy-street, and there was not the slight' est attempt at concealment, secrecy, or suspi cion in the matter. The bargain originated through him getting a watch from the prose' cutor's, and taking it to the accused wh< said he had a better watch in the window, which he showed to him. ' Isaac Levy, Queen-street, said he knew • the watel produced), having had it for thirteei years. He gave it to Mr. Levy (the firsi witness), for safe custody some time las) year. He left him some other articles witt it • wrapped up in brown paper. H< did so, because there had been severs robberies in the vioinity. He recognisec the watch by several little marks upon it. He was in company with Mr. Saunders'. sor when he produced the watch, saying the clock had stopped. The witness took il into his hand and recognised it as the watel left with Mr. Levy. Detective Hughes de posed that he knew the accused, and arrested him on a warrant in his shop, Wellesley-street, on May 19. In reply tc the warrant he said he knew nothing about it. He searched his premises in the accused'! and in B. Levy's presence. The accused said he had bought the watch over the counter, and said it was the one he had sold to Mr. Saunders. He had given £8 for it, and sold it for £14. He did not know the person from whom he purchased it, and said the sale should be entered in that book (produced), which Sergeant Pratt was examining at the time. The witness could find no entry of the purchase. There were entries of the sale of goods, but none of purchases, except some of gold near the end of it. The accused said if the entry was not there, he must have been drinking, and also said the sale should also have been entered. In the watoh delivery book (produced) he found the entry of the delivery of the watoh (No. 1309] to Martin. There were a number of silver watches on the premises, which the acoused said were " jobs." He found under the shop a large number of utensils—crucible, furnace, etc. He received the watch from Mr. Saunders on the 19th instant, He was furnished with the number of the watch on the day of the robbery by Mr. B. Levy. Cross-examined; He did furnish all the pawnbrokers with the number of the watoh, but not to tha jewellers. The furnace and oruciblea were the stock-in-trade of a jeweller. To the Bench : All pawnbrokers keep a stolen property book, in which a description of all property stolen is .entered upon being informed of it. Jewellers do not keep such books. Constable Howies•' deposed that the robbery was re ported to him on the . morning of June 19He ' made an examination, and found -the back door open, and a drawer under the counter with some documents displaced. Tha nnlinn vomiinaJ «*> nnfil fhfl

arrival of the owners. For thu defence, Mr, Cotter submitted to the Bench whether there was the slightest evidence upon whioh to call upon the accused for hit defence, and would farther ask thai; tile accused might be discharged without a stain upon his character. Oat of a large number of cases in which he as a legal gentleman had been engaged, not one had ho completely broken down as the present one. - The Bench said, on the evidence brought, the charge had not be*m proven, and as to the evidence of having the watch in his possession, it wa* apart from the case, and they dismissed it without the slightest stain upon his character. The accused was at onoe discharged.