DISTRICT COURT.

Oamaru Mail, Volume IV, Issue 1135, 8 December 1879, Page 2

DISTRICT COURT.

THIS DAY. (Before His Honor District Judce Ward.) CRIMINAL CASE. John Wilhoff was indicted with having, at Papakaio, on the olst October, stolen four L5-notes, one LI-note, four shillings and twopence, various wearing apparel, and other articles, the property of one Frank Barber, and of the value of L 22 sterling, or thereabouts. Mr. White, Crown Prosecutor, conducted the prosection. The prisoner, who -was undefended, pleaded not guilty. The evidence in this case was published a few days since. The prisoner -had taken the money and other property during the night, while the prosecutor was asleep, and levanted to Wellington, where he was afterwards arrested, and part of the property found in his possession. The jury returned & verdict of guilty, and his Honor sentenced prisoner to undergo imprisonment, with hard labor, for 12 calendar months. 12T BANKRUPTCY. In re George William Bush. Mr. Creagh applied for the discharge of the bankrupt.—Order granted. In re Samuel Rusbatch. —Mr. Balmer applied for the discharge of the bankrupt. —Order granted. In re Colin Campbell.—Mr. O'Meagher, for the bankrupt, applied for an order of discharge. —Granted. In re Thomas Ferens.—On the application of Mr. O'Meagher an order was made for the discharge of the bankrupt. In re William Rayner.—Mr. Newton applied for. an order declaring the deed of arrangement in this estate completely executed. —Order granted. In re John Thomas Bvana. Mr. Creagh appeared for the bankrupt, and applied for an order for the discharge of the bankrupt. Mr. O'Meagher appeared to oppose, on behalf of certain creditors. The bankrupt was placed in the box, and examined at some length by Mr. O'Meagher. He stated that he entered into partnership with Messrs. Lees and Moore in 1876, and paid L 350. A deed of arrangement had been objected to because the private estates of the members of the firm were not included in it. He had not offered Mr. Greenfield a bill of sale. He had agreed with the Trustee to retain certain articles of his furniture, to be paid for out of money coming to Mrs. Evans. Some LGOO was lent to him by his wife. He was not aware at the time that such transactions could not take place between a man and his wife. His reason for not filing immediately after the deed of arrangement was rejected by the creditors was that he thought Mr. Lees would be able to make arrangements in Dunedin whereby filing would be rendered unnecessary.—ln reply to Mr u Creagh, bankrupt said the money he.e, £ ceived for the mortgage over his propif < O , | was paid into the partnership account. JtJs had paid in all about L2BOO into the business. One of the chief causes of failure was the delay in the completion of the mill, by which they lost the season. He had only received about LGOO or L7OO out of the business.—Charles Gifford Moore was also examined by Mr. O'Meagher, After hearing counsel, his: .Honor suspended bankrupt's certificate for three months. In re George Alexander Harris. Mr. O'Meagher applied for an order for the discharge of the bankrupt. Mr. Newton

opposed on behalf of certain creditors. Mr. Newton examined the bankrupt .at some length. During the course of his evidence-te stated that he had no property except what was mentioned in his statement. He had not paid Alfred E. Cameron L2O during the month previous to his filing. He had given his sister a bill of sale over his furniture and stock for money lie had borrowed from her. He received, LGS from her when he gave the' bill.~;%He owed her other money at the titu&'f He had got L3OO from her over six,,years ago, and Ll5O he had owed her for 'over seventeen years. He was not in difficulties when he gave the bill of sale. One of his bills had been dishonored before he gave the bill.—To Mr. O'Meagher, bankrupt said that he had since endeavored to get his sister to release the bill of sale. He had lost about L2OOO by Gaibraith and Co., money he had paid for a share in the business and other money. He had lost between L 350 and LSOO through Laclilan Grant, and he suffered losses through other bankruptcies. —Mr. Allen was examined, and stated that the bank had pressed the bankrupt because they thought the bill of -Jsale jto Miss Harris was a fraud.—Mr. Newton then said there were three grounds on which bankrupt's certificate should be suspended. The first was misappropriation of trust moneys ; second, that he had money in his possession at the time of filing that had not been included in his filed statement; and the third, giving a fraudulent preference, _\vithin three months of his bankruptcy, tb^Miss 1 Harris. He did not think it necessary to make any further remarks. Mr. O'Meaghov spoke at some length in defence of the bankrupt's action. His Honor said he was afraid this was a bad case, and suspended the bankrupt's certificate for two years. PROBATE. On the application of Mr. P'Meaglier, letters of administration in'rae estate of the late Mr. William M'Kenzie were granted to the widow of the deceased. The Court then adjourned.