DISTRICT COURT

South Canterbury Times, Issue 3108, 19 March 1883, Page 2

DISTRICT COURT

TIMAEU—SATURDAY. CRIMINAL SESSION. (Before His Honor Judge Ward.) FRAUDULENT BANKRUPTCY. The following is the continuation of the case against Patrick Ryan on Saturday For the defence, Mr Perry submitted that there was a want of direet evidence that the prisoner had loft the colony before the bankruptcy proceedings had been initiated, and that there was no evidence of prisoner’s having taken away from the colony the money in question. His Honor summed up and directed the jury that the evidence adduced was sufficient to satisfy the mind of any reasonable man.

The jury retired at 2 45, and at 4.35 they informed His Honor that there was no probability of their- agreeing upon a verdict. His Honor said he could not discharge them until they had considered their verdict for 12 home. Sunday being; dies non they would therefore remain until Monday morning. Patrick Eyan was further charged with fraudulent concealment of property from his creditors, to the value of £444 10s 7d; and fraudulent removal of property over the value of £lO. > Mr White appeared for the prosecution, and Mr Perry for the defence. Prisoner pleaded “ Not Guilty." In empannelling the jury, both,sides so freely exercised the right of challenge, that the panel was exhausted* and tales was called for. Finally the Clerk of the Court was directed by Hi» Honor to exercise his power as Sheriff and obtain jurors from outside. This was done and the following jury was empannelled;—Messrs J. Jackson (Foreman), E. Scarf, T. McGlatchie, J. G.. McKay, W. Gilchrist, F. Cullmann, W. Fry, D. Davis, A. Sinclair, J. Busby, W. Granger, and'E. Gee. The case was concluded at 7.15 p.m., when the jury returned a verdict of “Guilty,” Mr White then elected to abandon the prosecution on the first indictment, and both juries were discharged. Sentence was deferred, and the Court adjourned till eleven this morning.

THIS DAY. Patrick Ryan was again placed in the dtfek. He had been convicted on this charge on Saturday, but bis counsel Mr C. Perry now applied for judgment to bo stayed on the ground that, the second count of the indictment was. bad. The offence was one created by statute, and the indictment should therefore set it forth in the exact words of the statute.

In the course of the argument, His Honor directed that the prisoner should be allowed to remain outside. Counsel cited a number of oases in support of his contention. His Honor said that the question amounted to this—is the phrase “ with* intent to defraud" equivalent to “ fraudulently." Mr Perry continued that a general verdict of guilty had been inscribed on the indictment, and if one of the two counts were found bad, such verdict would have to be. annulled. His Honor, however, hold that thefact that the foreman of the jury had distinctly told him (the Judge) that the verdict was “ guilty on both counts,” was a sufficient set-off against th« clerical error of inscribing a general verdict of guilty on the indictment. After lengthy argument, His Honor said that ho could not allow the mistake in inscribing the verdict to stand good against the actual statement of the foreman of the jury, and tie thereupon directed the Clerk to forthwith inscribe “guilty on both counts" on the indict-

His Honor now gave judgment, hold* ine (1) that one count of the indictment only was valid, (2) that he (the Judge) was justified in directing the verdict to be now recorded as given by the boreman of the jury. After the luncheon adjournment, Mr Perry moved for a new trial on various technical grounds. His Honor granted a rule nisi returnable on April 3rd. The prisoner was then removed. CIVIL CASES.

Richard B. Sibly v. Frank Poff— Claim £3l, detinue and damage. Mr White for plaintiff, Mr Tosswill for defendant. This case was adjourned to April 3. Pbcenix Brewing and Malting Co., Limited v. W. 8. Taylor-Claim £2OO, damages. _ Mr Hamersley for plaintiff, Mr C. T. H. Perry for defendant. This case was adjourned till next sitting of the Court. Michael A. Collins v. Win. Morgan, —Claim £124, damages. ; Mr Hamersley for plaintiff, Mr White for defendant. Mr White applied for the case to be adjourned, on the ground of the absence of a material witness. His Honor directed that the case pro°oMr Hamersley opened the case for the plaintiff, stating that on Nov. 8, he (plaintiff) in entering the Shamrock Hotel, kept by defendant, fell down an open trap door and sustained serious injury, thereby necessitating his contrading medical expenses and being disabled for some weeks from pursuing his business avocation. The following evidence was heard:— M. Collins, plaintiff, cordial maker, said on November, 8,1882 he was at the Shamrock Hotel for refreshment at halfpast ten m the morning. He used to supply the Shamrock with cordials. Morgan, the lessee, had altered the house somewhat. Witness and Levien went into a private bur, in which defendant was sitting. Witness was in the act of wishing the defendant good morning when he suddenly went down a trap door, getting j iramed in the trap. (Witness described his position when he fell through). The position of the trap bad been altered since witness bad beep in the house before. After the accident he walked to Gunn’s chemist shop, Levien accompanying him. He was absent from his work some six weeks. The doctor’s fees was £5 5s and there were charges for medicine. To Mr White —I went in with Levien, I had previously been beckoning him in. Levien asked me to have a beer, but I said “ No, it’s too early.” As a matter of business, however, I ultimately went in. After the accident I had two whiskeys. I never get drunk, hut I visit public-houses very frequently in my business. The trap-door is a square. Dr Love grove gave evidence as to the injuries sustained by plaintiff. W. Dunn, contractor, gave evidence as to the position of the trap door; and was under cross-examination by Mr White when we went to press.