W. R. WATERS’ CASE.

New Zealand Mail, Issue 777, 21 January 1887, Page 12

W. R. WATERS’ CASE.

In the Bankruptcy Court on Tuesday morning, before bis Honor the Chief Justice, Mr Jellicoe (instructed by Mr Skerrett) made application to his Honor calling the official Aseiguee to show cause why W. R. Waters, a bankrupt, should not be released from custody, on the grounds —(1) . lhat there is no probable reason for believing that the said bankrupt i 3 about to go abroad with a vie iv of defeating, delaying, or embarrassing proceedings in his bankruptcy ; (-* that there was no evideuce before the Court, on the hearing of the application for the said warrant, that there was probable reason for believing that the said bankrupt was then about to go abroad with a view of defeating, delaying, or embarrassing proceedings in his bankruptcy ; (3) that the said bankrupt was arrested by virtue of the Court, dated the sth January, 18S7, issued pursuant to section 93 of the said Act. and was subsequently discharged by process of law from custody by virtue of such warrant (4) that the order of the Court directing the issue of such last-mentioned warrant is still a valid and subsisting order and adjudication of the Court, aud the aforesaid warrant of the 13th January, 1887, was granted by the Court ou the same evidence and on the same facts on which the said order and warrant of tho sth January were granted. Mr Bell, Crown Prosecutor, opposed the motion. Mr Jellicoe filed an affidavit by the bankrupt to the effect that he left Wellington because Dr France advised him that a trip was necessary for his health ; that he never informed the Official Assignee that he had secured au appointment in the North Island at a salary of more than £5 per week ; that in going away from Wellington he did not intend to evade his public examination, or evade his bankruptcy proceedings ; that he did not think his absence from Wellington for a few weeks would be prejudicial to the investigation of his affairs ; that he made no attempt to conceal the fact that he contemplated a voyage ; that, if he had wanted to go away from Wellington, he could have done so by direct steamer, which sailed on the day of his release and that he was, and still is, willing to give evidence respecting his affairs. After hearing Mr Jellicoe, who urged the release of the prisoner on the grounds aforementioned, his Honor said he did not think it necessary to call on Mr Bell to reply. The evidence of the Official Assignee, although denied by the bankrupt, was satisfactory, and showed that his (the Assignee s) account of what had taken place between them was correct. As to the other points raised by Mr Jellicoe, it was not necessary that the prisoner should be himself bound over ; be was required to “ find ” securities ; and as to the question of fresh material for the new warrant, all that was needed was a new form of warrant, as the other had been found bad and invalid. His Honor did not think it necessary for anyoue who required change of air to go to Melbourne. There were plenty of places to go 1 1 in New Zealand Lake Wakatipu, for instance. The circumstances could not induce him to come to the conclusion that the debtor was not leaving the Colony. He could not grant the motion, but he had uo doubt that if proper persons came forward and entered into sureties the bankrupt would be released. An application by Mr Bell for costs against the debtor was refused by his Honor. Mr Jellicoe then moved that Waters should be released on bail, and asked the Court to fix the amount and nature of bail. Mr Bell suggested that the bail should be fixed at a substantial sum. After some further argument his Honor fixed bail at two sureties of L2OJ each. In the afternoon Messrs Samuel Waters, brother of the debtor, and Mr Robert Quee, painter, of Vivian-street, were approved as sureties in the amount of L2OO each, and the necessary bonds for the prisoner’s release were signed. An order for immediate release was made, and Waters was subsequently set at liberty. ANOTHER CHARGE. W. R. Waters was re-arrested on Wednesday afternoon in his own house, on an informa, tion sworn by Mr P. Monaghan, farmer, of. Karori. During the afternoon the accused was brought before Mr Wardell, R.M., and charged that he did at divers times, while being a clerk or servant of the Northern Land, Loan, and Building Company (Limited) of Wellington, fraudulently embezzle sundry moneys and securities which were delivered to or received or taken in possession by him for or in the name or on the account of the said Company. Mr Jellicoe, who appeared for the accused, applied for bail, suggesting that the bail already fixed by the Supreme Court would be sufficient. His Worship agreed to this course, and the necessary recognizances having been duly signed, the accused was once more liberated. (united press association.) Dunedin, January 18. W. R. Waters’ missing box was taken out at Oamaru by the police by mistake and sent to Kurow. It has been in the possession of the railway people ever since, and has not been tampered with.