Bankruptcy Court.

Opunake Times, Volume I, Issue 11, 7 August 1894, Page 4

Bankruptcy Court.

♦ PUBLIC EXAMINATION OP JAS. BAILEY. James Bailey was publicly examined Jill the Wanganui District Court, before Mr District Judge Kettle, on Tuesday last. Mr Barnicoat appeared for the Deputy Official Assignee, and Mr D. Hogg for the Bankrupt. James Bailey, on being sworn, said that prior to going to Australia he had lived at Normanby for about nine years, carrying on business as a drover, cattle dealer, and butcher. Before leaving ' Hew Zealand on April 12th, he sold dome cattle at Waipukurau, which he brought from Normanby. Sold a few nt Palmerston, realising £llß, which dum he placed in the Palmerston Bank, afterwards drawing cheques to pay excuses incurred on the road and wages. {Sold about 40 cattle at Palmerston and 1171 at Waipukurau. Purchased the cattle from auctioneers in the Hawera district, but none of them were paid for, or with one or two exceptions. The bulk were purchased on bills. Sold aft Palmerston on 29th March ; left there on the 31st March, and sold at Waipukurau on the 7th April. The whole amount of the cheque received at Waipuknrau from the auctioneers came to £llßs, which he then cashed, receiving £llOO in £2O notes. The telegram (produced) to F. B. Jackson was sent by him. It referred to a promissory note falling due on the 11th ; promised to send cheque. Left Napier for Auckland on April 10th, arriving there on the night of the 11th. While in Auckland, he wrote a letter to Mr Robson (already published), and another to Mr Barton, asking him to call a private meeting of his creditors, offering 10s in the £ cash, and 2s more in three months, and showing bis liabilities and assets. Had no intention of going to iimerica, and could give no reason for having put it in his letter to Mr Bobson. It may have been for the purpose of intimidating his creditors into accepting the compromise. He did intend to return to Auckland, but met with an accident in Sydney, and was unable to do so. When he wrote the two letters he had no intention of going to Sydney. He made up his mind at the last moment, thinking that he could live as cheaply on the steamer as in Auckland. His Honor: “ Was it not your idea that if you could make yourself scarce, that is, give your creditors some trouble in ascertaining your whereabouts with this £llOO, they would probably prefer accepting your offer to running any risk ?” Bankrupt: “ That was my idea.” Bankrupt then continued: Did not stay very long in the city, but went out with a friend (Mr Stevenson) into the country to a place called Musselbrook. Had the money in his possession all the time. Had no particular object in view. Remained in Musselbrook until about Thursday, the 19th. Wrote to his wife from there, and sent her £IOO in five £2O notes. ‘ The money was for household expenses and to pay two or three small accounts. Went from Musselbrook fo a place called Strathfield, close to Sydney. Stayed there a day. Met a young fellow he knew in Wanganui, and went with him to Bathurst. Took the mouey with him, and went by his own name. Was two or three days in Bathurst. Thought he left there on the 26th or 27tb, but could not be certain of the dates. Had no object in his travelling. Went to Orange from Bathurst. Was in Orange and round about for eight weeks. He went from Orange to Dubbo: it took nearly all day to travel the distance by train. Had only been a day or so in Orange when ho put the money in the Bank there, and it was afterwards sent on to Dubbo. [Bank book produced, showing name of John Palmer, slip dated April 21st, amount £950, less £5 exchange on N.Z. notes.] That was the first occasion on which he had assumed any other name but his own. Did no business in Orange. [A letter was here put in, signed E, Dwyer, Orange, re-buying an hotel.] The bankrupt, however, after looking at the document, said he had never read it before. Recognised it as a letter that came to him when he was.laid up. Recognised letter from Mrs Dwyer on the same subject. The Dwyers were trying to, sell' the hotel, but he did not .Wfc&t to buy. Recognised letter from J. Riley, auctioneer, at a place called Narrami, near Orange. As he went *loug people were worrying him to buy properties, but he did not want to do fo. Recognised letter from Cantwell, addressed to John Palmer; also one from John Cooke, Roth were with reference to the, sale of properties, &e. J3fe recognised another from Matthew Dwyer. AH these people had places to sell at bankrupt’s figure—that was about £IOOO. Brown told people that he had the money, and that was why ha put it in the Bank. Had nointention of speculating money over there at all. Just before he was arrested, Riley wanted to sell an hotel at Nyngan for £9OO. Stayed at the hotel for a day 6r two on bis way down. Told Constable Grey that Jae could have boug v the hotel at the sum named. Tb', |j g * of properties, &c., was from M' , ■tock and station agent. T " , . ’ ho 7 for M. and a Sj* . for £lB. Remembered by Constable Prior," re8 ‘ e * evidence in fte P , f ™ abbo Court, but took of it. Did not tell J tnat he had been travelS™ 4 Uje country trying to pur--'grilles. • Only sent £IOO to lIIP from “the other side,” but V;«t het £lO from Palmerston, and £2O from Napier. Had no cheque book at Dubbo; had two or three loose cheques. Drew one for £lB in favour of Wilkins for the sulky and harness. Bought the sulky in Dubbo, because its was cheaper .i'jin travelling across to the southern line and down to Sydney than by coach and train. The pocket book (produced) did r ot contain any memoranda of what be had done “ over there,” but it did contain receipts of three registered letters to bis wife. Three other letters did.not

reach her. Had £llOO in £2O notes in starting; £985 were in the Bank; £24 for the sulky and horse; £4 were found on him when’Wrested; leaving a deficiency of £BO, which had gone in expenses. Found that he could not pay 20s in the £ when he sold the last lot of cattle. Owed somewhere about £I7OO. Had been interested in a couple of racehorses, but had sold them some three years ago, and had not been in any way interested in racehorses since. Nobody in Australia had authority to deal with bis money in the bank. Since he had been back he had given a cheque to Mr Downes (in the presence of Mr Budge) for £985. Mr Hogg intimated that he had no questions to ask, as there were no creditors present. Replying to his Honor, Mr Barnicoat said he did not like to have the bankruptcy altogether closed, but would apply for an adjournment sine die, as had been done in another case. The accused, it was mentioned, had already been committed for trial. The application for an adjournment nne die was then granted, the case to come on for hearing when the D.O.A. wishes it. The court then adjourned.—Herald.