COMMITTED FOR TRIAL

Otago Daily Times, Issue 21688, 5 July 1932, Page 6

COMMITTED FOR TRIAL

WINNER OF £3OOO PRIZE CHARGES UNDER BANKRUPTCY ACT. (Pee United Press Association.) WELLINGTON, July 4. The winner of the first prize of £3OOO in the art union lust year, Mr John Moug, was to : day committed to the Supreme Court by Mr E. Page, S.M., for trial on charges laid under the Bankruptcy Act. The accused was charged (1) that on January 2, 1932, having been adjudged a bankrupt, he did by gambling or unjustifiable extravagance in living bring about his bankruptcy; (2) that with intent to defraud his creditors he concealed or removed £SOO within two months before the date of an unsatisfied judgment for £232 15s 6d obtained against him on September 24 by Thelma Stone. James Sugden Hanna, solicitor, said that early in 1931 the accused and a, Mr and Mrs Baxter agreed to-buy the Dominion Club for £llOO. An agreement for sale and purchase was drawn up and ihstalm'erits fell due‘from time to time. It was necessary to take action to recover some of the instalments. In July, 1931, the accused had a fixed deposit at the Union Bank of Australia for £2OOO. Witness took proceedings to attach some of this money to satisfy the judgments, against tbe accused. On September 24 witness obtained a judgment against Moug for £232 15s 6d, and examined the accused as to what debts were owing to him. The defendant, after detailing various financial transactions, admitted to witness that there was £SOO unaccounted for, and said he had received that sura from the bank five day* previously and had got rid of it in the interval. Altogether the, accused owed witness’s client £572 12s lid in connection with the buying of the club. Donald Robert Matheson, security clerk, Union Bank of Australia, said that in September, 1931,. the accused had a fixed deposit at the bank of £2OOO. The deposit was broken and £2Bl 8s lid was taken for the payment of an overdraft, £317 17s for the payment of two attachment orders and the balance paid to the defendant’s solicitors.

Geoffrey Tyndall Withers, accountant for defendant’s solicitors, said that on September 18 he received a cheque for £1399 5s 9d from the Union Bank on behalf of the accused. Out of this ho paid the accused £32 2s 3d, and on September 21 he paid him £SOO. Eric Lennox Crofton Atkinson, employee at the Bank of Australasia, said that on September 21 a cheque for £SOO was drawn in favour of the accused and cashed the same day. Counsel for the accused submitted that the evidence tendered fell short of establishing that there had been guilty intent on the part of his client. There was not a tittle 1 of evidence to show, assuming that Moug had received the £SOO, that he had concealed or removed it with- the object of avoiding the consequences of the judgment. The accused pleaded not guilty to both charges. After hearing further legal argument the magistrate said: “I don't propose to comment on the facts 6f the case, but I think that as the evidence stands there is material which compels me to send the matter on for trial at the Supreme Court. Bail was fixed at self £SO and one surety of £SO.