JUDGE DISBELIEVES SIMSON

NZ Truth, Issue 1043, 21 November 1925, Page 9

JUDGE DISBELIEVES SIMSON

Debonair Bankrupt Has Been Gaily Betting Behind The Skirts of Once-Rich Wife i CONTENTS HIMSELF WITH MERE FIVER OR TENNER (From "Truth's" Napier Representative.) The betting transactions v ofr a bankrupt, the well-knpwn Horace lan Simson, were under review when he renewed his application for discharge m the Supreme Court, Napier.

Sitnson said that He made bets on behalf of His wife, whom, however, he did not consult as to the horses to be backed. His own bets did not exceed a tenner at a time.

At one stage Mr. Justice Alpers remarked to Simson: "I don't believe you. Please remember that this Court is not to be trifled with."

His Honor also said that he would not have granted the discharge had it been opposed by Hawkes Bay business men. (The opponent was a Wanganui firm). But no good would be served by holding the matter up.

ROBABL.Y most readers will recall that the last application of Horace lan Simson to be discharged from bankruptcy (as reported m "Truth") did not result to his satisfaction. This time he secured the desired result, but the manner of getting it could hardly have proved to his satisfaction — considering the comments that fell from the Bench. Horace lan Simson, is, of course, ex-Mayor of Hastings, a former candidate for Parliament, arid a not unfamiliar figure on the majority of New Zealand's racecourses. "Ih connection with his bankruptcy proceedings, some tales of dealings m big figures have been unfolded. UNOPPOSED IN HAWKES BAY. His latest application for discharge was not opposed by HaSvkes Bay creditors. Opposition came, however, from elsewhere. , When Horace lan applied before Mr. Justice Alpers at the Napier Supreme Court on Saturday last for his discharge from the fetters, la\yyer J. Humphries, on behalf , of Messrs Kendrick and Kendrick, of Wanganui, yery strongly opposed the application. Lawyer M. Gleeson, who appeared for the bankrupt, pointed out that out

of nearly 50 creditors only one opposed the application. His Honor remarked that the report of the D.O.A. did not appear to oppose the discharge either. In the box, bankrupt explained that during- tlt« slump he had got into financial difficulties, and eventually he had to file. Lawyer Humphries: On your adjudication you show your debts at £29,000 and your assets nil?— Yesi VERY PERSONAL. I examined you at the last session as to your gambling and racing habits, did I not? — Yes, you did, and you were very personal. His, Honor: Never mind that. Counsel has the right to ask such questions. Lawyer Humphries: Do you back horses? — Yes, for my wife. You operated on your wife's banking account?— Yes. I was running a racing account for my wife. • I never, put on "more than a "flvqr" or sometimes a "tenner" for myself. Did you consult your wife as to the horses you were going to back?— l did not. You know that, Mr. Humphries. His Honor: Mr. Humphries knows nothing of the kind. . Just answer trie question's, please. , * • Lawyer Humphries: You draw cheques from your wife's account and don't mention it to her?— Yes: Is it not a fact that you were backing horses while you still owed money

m the town? — A -fact! Why, I was bankrupt three years ago. Is it not a fact that, since you went bankrupt, you have bought property at Petane? — Yes, for my wife. How much was paid m cash? — What has my wife's business to do with this? I want to know, please. — I paid down £1000 and I borrowed the money. What Avas the purchase price of the property? — That is hardly a fair question, as Mrs. Simson is trying to resell. , Is it not a fact that during your insdlvency you attended race meetings and carried out betting transactions ? : — Yes, I have been to several meetings certainly. What did you do with any winnings?—^Placed them to my wife's credit. Since the last sitting of the Court have you made any offer to your creditors? — No. I haven't. THE LIE DIRECT. ■ The bankrupt went on to say thai if he had gone bankrupt three years ago he could -have shown £150,000 m assets. He said a judgment was ob-j tamed against him by some people m New Plymouth, but unfortunately he overlooked the date. His Honor: You must relieve me from the obligation of believing that statement. Bankrupt: It was a judgment summons, your Honor. His Honor:. Couldn't you have got your solicitors to move to have the judgment set aside?' Bankrupt: Well, your Honor , His Honor: You can drop the subject. -.V ■ , I don't believe you. Please remember this Court is not to be ' trifled with. (To Lawyer Glee-

son): Is there any prospect of the bankrupt making an offer? Lawyer Gleespn: No, your Honor. Lawyer Lusk stated that Mrs. Simson's estate had been greatly reduced of late. BIG FIGURES*- ' Bankrupt: I offered to sell it for £75,000. His Honor: I notice you deal m bigfigures. If the discharge had been opposed by Hawkes Bay business men, I certainly would have, opposed the discharge. . As it .iS]T"?here is no prospect of the bankrupt paying any dividend, and his wife appears to. have lost heavily over his transactions. ' I don't see why his wife should be drawn mto pay the debts. No good will be served by holding the matter up; and th% discharge will be granted.