ALLEGED ABSCONDING FROM CREDITORS.

New Zealand Herald, Volume XXIII, Issue 7656, 5 June 1886, Page 7

ALLEGED ABSCONDING FROM CREDITORS.

THE CASE AGAINST ALEXANDER BROWNE. At the Police Court yesterday, before Messrs. C. D. Whitcombe, and W. Duncan, J.P.'a., Alex. Browne, draper, appeared on remand on the charge of absconding from his creditors. On surrendering to his bail he was charged as follows: —"That having been adjudged a bankrupt on the 2Sth of April by the Supreme Court of Bankruptcy of Auckland he did, within four months before the adjudication of a bankruptcy petition against him— to wit, on or about the March 24, ISSG, quit New Zealand, and unlawfully did take with him part of his property, exceeding the amount -of £20, which ought by law to he divided amongst his creditors. Mr. J. P. Campbell appeared for the prosecution on behalf of the creditors, and Mr. A. Devoro for the accused, who was granted permission to sit beside his counsel, for the purpose of consultation. In opening, Mr. Campbell pointed out that the case was an indictable one, and laid under the 164 th section of the Bankruptcy Act, ISS3. It required three salient points to prove the charge as being one to go before a jury. First, the adjudication of the bankrupt; secondly, that he had taken property to the value of £20 and upwards ; and thirdly, that he did leave the colony. Mr. Campbell then went on to detail the evidence he would adduce, which, he said, would fliow that he had taken away a Sum of £2(51 17s Sd, which he had withdrawn from the National Bank of New Zealand'ontheday of leaving for Sydney. William Beehan, draper, junction of Queen and Grey streets, deposed that he was carrying on business in Auckland in partnership with his brother Jeremiah Beehan, under the firm of W. and J. Boehan and Co. Witness knew the accused, Alexander Hiowne, and on April 22 entered a petition for his adjudication as a bankrupt. (Petition and order produced, and put in evidence.) Ho recognised the copies of New Zealand Herald and Auckland Evening Star of April 29 as containing notices of the order for adjudication of the bankruptcy. He had had business transactions with the accused, having sold him the business and let him the lease of the premises. A sum of £1072 was duo in March last, being a portion of the purchase money. He asked Browne for payment of it on several occasions, and particularly on March 23, when he was informed that Browne was leaving for Sydney, and was paying his creditors, in consequence of which he visited the shop, and told Browne not to pay others, but to treat them all alike, as he (witness) would do the same for him as any of the others, by which he understood that they (the other creditors) were taking off certain percentages, cud he would be willing to do ! the same. Brown replied, "That is my business." On the following day witness saw him again, and pressed payment. He met him in Queen-street, arid said to him, " Browne, if you intended to pay me, you would have taken the twenty per cent. I offered you off the whole amount due." He said he would take up two bills which were coming due, at 20 per ccnt. Witness said, " I cautioned you, Browne, to pay me preferentially," and he replied McArthur and Co. would make him a bankrupt at once." The sum of £10/2 was covered by bills to the wholo amount. Browne said he knew they would be coming due, and he had left instructions with Mr. Vaile. On that day he said he was going away to Sydney. On returning to the shop witness found he had a cheque of the accused for £14 for rent,which he had not presented. On going to the National Bank of New Zealand he found on presenting it that Browne had withdrawn his money. Witness went down to the wharf, to the s.s. Te Anau, lying alongside the Queen-street Wharf. She was advertised to sail for Sydneyi Browne wan on board the steamer, and witness told him that he had the cheque which had been returned. Browne made some off-hand remark, saying, " You are a nice sort of fellow ; why did vou not present it before." After some time he pulled out ten one-pound notes, saying that was all he had on him, but that Mrs. Browne had the money. On _ going across to her he asked for £4 to pay witness. Mrs. Browne opened a handbag whbh contained a lot of sovereigns, from which aho took four and handed to Browne for witness. He looked into the bag and saw a number of sovereigns scattered loosely in the bag. He considered there was at least a couple of hundred. lie was certain that there were more than twenty. There was a sum of £93S 7s due to the firm, which, after deducting interest on the bills, amounting to £1072, left £917 is. On or about April 23, he found the accused engaged with McArthur's clerk, and after his leaving he said, "Why are you paying McArthur preferentially?'' Browne replied that it was an open account, and if he did not pay he would be made a bankrupt at once. To Mr. Devore : He was aware on the morning of April 24 that the accused was going away. After the accused had gone, and before the adjudication, a bill had been paid, it having been due on April 14. At the time of the adjudication there was no bill overdue, although there were seven current. Constable William McGill, stationed at Napier, remembered having instructions to arrest the accused on May 22 at Napier on the s.s. Manapouri, which had come from Melbourne via the South. On reading tho warrant over to him the accused said, "I expected something of this sort," and said that he bad heard at Waggswagga, New South Wales, that some action was going to bo taken against him, and hs had come to Sydney, and then to New Zealand to fight it out. To Mr. Devoio: He also said he was going to Auckland, and then brought his wife astiore, and aaid he intended going to Auckland. Thomas Henderson, manager of the Union Steamship Company, Auckland, remembered seeing the accused in the company's office, arranging for a passage to Sydney, for himself, wife, and five children. He paid the the passage money, £45, for which he (witness) produced the butt containing the receipt for the money. It was issued on March 20, and the Te Anau sailed for Sydney .on March 24. John Richard

liensen, senior ledger-keeper, National Bank of New Zealaud, knew the'accused, who kept i any account at tho Auckland branch. It was closed about March *24, a«d he (witness) produced cheque drawn on that date for £201 17a SJ, which was presented by the accused. To Mr. Devore : He knew that the teller paid the amount by the endorsement, in live notes for £50, eleven one-pound notes, and the balance in silver. Jeremiah Beehan, partner in the firm of W. and J. Beehan, and brother of William Beehan, a previous witness, remembered giving down to the s.e. Te Anau on March 24 last. He saw the accused on board the Ee Anau, also his wife and children. He waited on the wharf till the steamer left; he was alongside her, and the accused was on board when she left. He received the note produced on March 24 ; it was accompauied by the keys of the shop. He recognised the signature. To Mr. Dnvore : The shop was rented from them by the accuscd ; the lease was still current, and rent was due at the time from the Monday previous. John Lawaon, Official Assignee in Bankruptcy for the Auckland district, deposed that he laid the information against Browne in his capacity as Official Assignee., Two creditors had proved in Browne's estate— Beehan and Co., £917 13a 3d ; Harcourt and Co., Wellington, £1555 9i 9d. He produced Harcourt and Co.'s proof of claim. No assets had come into his hands to meet those claims. He could not say, of his own knowledge, whether the accused took away any money. If he did so, it should have been applied to liquidate his creditors' debts. Jonathan Cullen, deposed that he was manager for Harcourt and Co, (of Wellington), at Auckland. He knew the accused, and remembered a promissory note duo to the firm from Browne. It matured on April 20. The amount was £207, was not paid, and had not ' been paid since. To Mr. Devoro : They had ' security for £375 to meet £394. They had more than sufficient security for the amount of that promissory note. At the date of the adjudication there was only that promissory note of £207 overdue to them. Part J of the security had been realised. The ! bills were monthly for £25 each. At the 1 time of his adjudication, so far as he knew, there was no collateral bill due unpaid. In their proof of debt there was a proof of Beehan's bill. Beehan had also proved for ' the same bill. The Bench then inti- * mated that they considered there was a prima facie case to . go before 5 a jury. The evidence was then read over to 1 the accused, who, on being cautioued in the usual manner as to any statement he should make in defence, said he reserved his defcnce, j ' i and the Bench then fully committed him to |

stand his trial upon the charge at the Criminal Sessions of the Supreme Court on July 5, An application for bail was granted, and the amount fixed at one surety of £100 or two of £50, and the accused in hi« own recognisances of £100. I