ALLEGED CONTEMPT

Otago Daily Times, Issue 24236, 1 March 1940, Page 6

ALLEGED CONTEMPT

MOTION IN SUPREME COURT ONE OF FOUR BROTHERS ALL INVOLVED IN BANKRUPTCY CPer United Press Association; INVERCARGILL, Feb. 29. Alleging wilful prevarication on the part of Luke Cody, one of four brothers whose public examination in bankruptcy commenced in the Supreme Court to-day, before ' his Honor Mr Justice Kennedy, Mr H. J. Macalister moved that Cody be committed for contempt of court. The contempt alleged was that bankrupt refused to disclose the whereabouts of 71 sacks of grass seed- and the names- of the persons i with .whppi he arranged that they should: be taken from the firm where they were stocked. His Honor adjourned the hearing of the motion until to-morrow afternoon. Mr Macalister appeared for . the official assignee and various creditors, and questioned bankrupt on several matters connected with the disposal of stock and the disappearance of moneys. Bankrupt had to be reminded several times by his Honor to answer questions truthfully, and was once reminded , that he could be prosecuted for alleged perjury. The public examination of Luke Cody was adjourned until to-mor-row afternoon,- and Mr Macalister proceeded to examine another brother, John Cody. Chief interest in the case was the disappearance of £SOO which hankr .nipt said he. had buried in the ground but could not remember where. Lawrence Cody,' third member, of the partnership, said ho was in the North Island when he heard he had been adjudged bankrupt. He did not know his brother John had been arrested until he returned to Southland. He admitted to being in the habit of having “ a few drinks and a bit of a gamble.” Mr Macalister, for the official assignee, asked the whereabouts of the £750 in cash shown in a statement. Cody said he spent a good bit of it. How much have you got left?— £l5O. Have you got it with you?—No. Where is it? —It’s somewhere. I’ve got it in a safe place. You refuse to tell the court where it is?— l couldn’t very well say. I would have to see if it was there. It is buried in the ground. Well, where did you put it in the ground?—Under the earth. Yes, but where? Are you going to tell the court now where it is?— I can’t very well describe the place. On whose property is it?—lt’s on the side of the road on the highway up Waikouaiti way. The examination was- adjourned, till the morning.