CHRISTCHURCH.

Star (Christchurch), Issue 366, 16 July 1869, Page 3

CHRISTCHURCH.

This Day. (Before C. C. Bowen, Esq., R.M.) Fraudulent Practices — Thomas Chave, on remand from the 9th inst., was brought up charged with having concealed certain live and dead stock, with the intent to defraud his creditors. Mr Duncan, Crown Prosecutor, conducted the case, assisted by Inspector Pender, and Mr Fowler for Mr Cottrell watched the proceedings on behalf of the prisoner. The following evidence was adduced : — James Edwin Graham : I am Provisional Trustee under the Bankruptcy Act. I know the prisoner. I was appointed trustee in his estate, and have a copy of the schedule. After entering on the estate, he came to me, saying that he had not put all his assets in the schedule, and that there were goods belonging to him in the possession of another party. He added that he would point them out, and I accordingly sent my bailiff with him to examine the farm of a man named Fitzgibbon. The bailiff took possession of tbe goods specified by prisoner for the estate. They comprised a reaping machine, a cow and calf, a horse and dray, an iron tank, and some sundries. I was present when prisoner was examined on oath in this Court, on .the 20th of May last. It was a case wherein I had been summoned by Fitzgibbon for £100 damages for having seized the goods claimed by prisoner. He stated then that he had conspired with Fitzgibbon to remove the property, in order to defraud his creditors. Isaac Allen : I am bailiff for the provision il trustee. From information I received from prisoner and Mr Cottrell, I went to Fitzgibbon's farm, near the Selwyn. Prisoner was not with me, but had told me where the goods were planted, together with their description. I took a list of them, which I now produce. It included a reaping machine, valued at £50; a horse, at £14 10s ; an eight- Jay clock at £1; a cow and calf at £10; a dray at £4; a hay knife, and a pair of harrows at £i 10; an iron tank at £3; a feather bed and blankets at £3 10, aud a pair of whippletrees, and a box of wearing apparel at^£2. There were also 133 bushels of barley mentioned, but I did not take possession, as Mr Fitzgibbons paid the money to Mr Graham in my presence; the amount was ~ £24 Bs. The goods enumerated in the list were ultimately sold, except the feather bed Previous to taking possession of them, ' prisoner told me that he had fraudulently sold them before his adjudication, with the intent to defraud his creditors. Mr Duncan here submitted tbat sufficient evidence had been given to justify the committal of prisoner to take bis trial at the Supreme Court. He said the information had been laid under the 3rd sub-section of section 302 of the Bankruptcy Act, which provides that any baukrupt shall be guilty of amisdemeanour who " if after adjudication, or within two months next before adjudication, with intent to defraud, he removes or conceals any part of his property to the value of £10 or upwards, or conceals any debt due from his schedule." The learned counsel contended that prisoner's own admission established his guilt beyond doubt, and that it was clearly shown that the goods fraudulently disposed of were above the prescribed value. He would therefore ask his Worship to commit the prisoner without hearing further evidence. Prisoner declining to make any statement, and the Bench being satisfied with the evidence adduced, committed ' prisoner accordingly.