CHRISTCHURCH.

Star (Christchurch), Issue 3366, 22 January 1879, Page 2

CHRISTCHURCH.

Tuis Day. (Before C. Whitefoord, Esq., KM.) Obscene Language. —Frank Kearney was charged with using obscene language *in a public streeb on the previous clay. The evidence showed that he was roused up by Sergeant. Beck, at 11 o'clock in the morning, from the reserve in Cathedral square, where he was sleeping. Accused, having been locked up for 24 hours, was dismissed. Transfer of License. — Alfred Stening applied for a transfer of the license of the Junction Hotel from Jlliza King to himself. The matter was held over to give Inspector • Hickson an opportunity of making some inquh'ies ] Threatening to Take Life. —Charles Hanson was charged with having threatened i bo take the life of his wife. lUizabeth ] Hanson, on Jan. 19, at Hazlcden road. The ( wife therefore prayed that her husband ; might be required to find sureties to keep the c peace towards her. Mr Joyce appeared, for 1 the complainant, and Mr Neck for the de- t "endant. In the statement made by com- < plainant, it was alleged that the accused had i aeen guilty of improper conduct towards her 1 iister-in-law. In cross-examination, Mr Neck t mdeavoured to show that accused had not \ ;hreatened to " choke" his wife, but to \ 'chuck" her into bed. His Worship having c questioned the complainant as to certain ] jeeurrences -which, had occurred, she de- c

clined to return to her husband, being in danger of her life. Mr Neck then put the accused into the box, describing him as the most harmless man that ever existed, and he denied that he had ever struck or threatened his wife. Ordered to be bound over in the sum of £25, in his own recognizance, to keep the peace towards his wife for 12 months. Mr Joyce applied that the solicitor's fee should be allowed, but his Worship made an order for costs of the Court only. Failing to Pkoyide.— Charles Flockton, who did not appear, was charged with failing to provide his wife with adequate means of support. Mr Seymour described the destitute condition of the wife, who was lying ill, with the bailiffs in the house, and his Worship issued a warrant for the arrest of the accused. Fraudulent Bankeuptcy.— James Bassingthwaite, on remand, was oharged on the information of R. W. Wood with fraudulent bankruptcy, in having concealed property to the value of £10 or more. Mr Joynt appeared for the prosecution on behalf of the trustee in the estate (Thomas Hindmarsh Kerr),and Mr Gi-esson for the defence. Mr Joyut said the information was laid under section 4 of " The Fraudulent Debtors' Act, 1878," sub-sections 1, 2, 4, 6, and 12. He produced the Gazette notice of Mr Kerr as trustee, appearing in the Li/ttetton Times of Jan. 7, 1879, and lie would now call the Registrar of the Supreme Court. F. de C. Malet produced the paper3 in Bassingthwate'B estate, the declaration of insolvency being dated and filed Dec. 23, 1878. He produced a statement of the assets and liabilities of the debtor, filed on Jan. 3, 1879. He also produced the minute book, showing the meeting of creditors and appointment of trustee, and Mr Thomas Hindmarsh Kcrr's acceptance of office, on Jan. 3, 1879. Mr John Inglis appeared therefrom to have been chairman of the meeting. (Mr Malet's evidence was read over to him, to admit of his retiring. John Inglis deposed that he was a proved creditor, and attended the meeting at the Supremo Court on January 3. presiding as chairman. The defendant was there, certain questions being asked of him. The questions and replies were reduced to writing, and signed by witness (paper produced and Bas■ingthwaite's signature identified). The paper was read over by the Clerk of the Court, and showed that the accused gave the amount of notes in his possession at £24C0, inclosed in a pocket book. The settlement on the wife was not vested in trustees. Never saw the notes until a few days before lie went to Dunedin. Sold a gold watch in Dunedin, but did not know to whom ; he was a middle-sized man, dressed in tweed. Could not say at what price he sold his stock, but mentioned some of the sales. Did not pay a certain bill, because he wanted to save as much money as he could for the Dunedin spec. His wife was to mortgage the property to secure the payment of 5s in the £). Witness resumed : The statements were not made on oath. Thomas Hindmarsh Kerr deposed that he was the trustee appointed in this matter, and that he had accepted the office. Had seen the filed statement of assets and liabilities filed by the bankrupt, who had furnished no other infor mation. Had held no conversation with him. Had received the household furniture and effects as scheduled (schedule read), and had realised all the moveablo property. Exclusive of the land, about £340 was realised, and the probable value of the two sections of land would be £20 each. There would not be sufficient money realised to pay the debts in full. Other property, apparently belonging to the bankrupt, had reached the hands of witness. He received from Inspector Hickson £812 odd, a silver watch, a gold chain, and a leather watch-chain with a coin attached, and a pocket-book containing two small stones taken from a ring. Those sums witness held in the bank. Had heard no statement from Bassingthwaite about money, save at the meeting of creditors, when he said he had lost about £2403. Accused said — on the j the day of the meeting of creditors on Jan. 3 1 — that when he was in Dunedin, in November,' at the races, lie had the £2400 in his! pocket-book, that he was at the races] during the day, and at the theatrej at night, and that next morning he dis-l covered he had lost the money. He said he? had six new £50 notes, and that some of the money was the proceeds of the sale of cattle on his behalf by Messrs Ford, and Messrs Matson and Co. His wife, he said, had the custody of the money before he went to Dunedin. (The gazette notice of Bas-singthwaite'-s insolvency was here handed in.) John Inglis recalled, said that accused made a statement relative to the £2400 prior to the notes being taken, on the same day, and also a few days before the meeting of creditors at the Supreme Court. He said generally that he had gone down to Dunedin to buy horjes, carrying £2400 in notes with him ; that on a Saturday in Nov, he had the money in a pocket book in his coat ; that on that day he went to the races, and to the theatre in the evening, and missed the pocket book and its contenTs on the Sunday morning. The money he said was partly the proceeds of the sale of cattle, and partly money received from Mr Gresson. He stated that Ford and Co. and Matson and Co. had sold the cattle. Witness sold him about £500 worth of cattle, getting £200 in cash and the balance on a bill which remained unpaid. Sold accused the cattle about the beginning of September in last year. Charles Newton deposed that he was a member of the firm of J. T. Ford and 00 , auctioneers, &c. On Oct. 30 they sold stock to the value of £298 2s 8d nett (57 head), to the order of J. Bassingthwaite. Some were sold on Sept. 25, netting £173 11s (40 head of young cattle). There were twelve rough cattle which were loft unclaimed from the sale, and the firm took them over, turning them into a piece of swamp land at Papanui. Bassingthwaito was duly paid for them. Some of these twelve cattle hare the anvil brand, which was Carter Bros.'s, of the Clarence. Paid accused by cheque on both occasions, Oct. 30 and Sept. 25, and those cheques were disposed of in the usual way. To Mr Gresson : Witness knew of only the two sales he had mentioned. There might be more, but lie believed the others were beyond the four months, the limit of the Court. ' To Mr Joynt : Mr Borharrell saw some of the twelve cattle in the paddock at Papanui, Rhodes' Swamp, that morning. John Beharrell deposed that he resided at Kaiapoi. On Oct 11, 1878, sold twenty head of cattle to accused at £6 10s, and 20 at £6 2s fid each. On Oct. 17 sold him 14 head nt £5 7a 6s. Gave delivery of Ihe whole 54 on Out. 17. Was paid by bill due on Jan. 20 — the present month — and it was returned unpaid. Some of the cattle had the anvil brand, and they all bore the brand of witness, JB conjoined. Had seen some of the cattle that morning in the Papanui swamp, identifying about six positively. They nil had the brand of witness as described by him, and some had the anchor brand on them. Detective Benjamin deposed that he remembered Monday, Jan. 13, when he went in company with Catherine Welsh (a female searcher), and Constable Watson, of Rangiora, to the houso occupied by prisoner. Prisoner was absent. Had a search warrant from the Supreme Court in his possession, and read it to Mrs Bassingthwaite. Told her the female searcher would search her. She asked to read the warrant, and did so, and then went into the bedroom willi the female searcher. The scorcher handed out a woman's dress, in the pocket of which was a pocket-book, containing a £10 note., two £5 notes, and five £1 notes, together with 3s lid in silver. The next article handed out was a quilted petticoat. Saw a patch sewn on the inside of the skirt, about half-way to the waiet. Pulled it off, and found 20 £20 notes, rolled up in a piece of canvas. A bag with two long strings was handed out. It contained a lesser bag without strings, ami in this was a chamois leather bag, with 22 sovereigns in it, five £10 notes were in the smaller bag, two £5 notes, and three £1 notes. There were no other articles handed out. Subsequently Mrs Bassingthwaite signed the list (produced) of the money found upon her, as correct. Witness then went into the bedroom in company with the others named. He was searching a clothes box, and had about half finished, wlien from what Mrs Ba?singth\vaite said he let her put her hand down into the box. She pulled out a small canvas bag, which contained 300 sovereigns. Made 299 in the first count, and in consequence of something Mrs Bassingthwaife said he re-counted them, and found there were 300. Accused came home about a quarter past six. Witnesp showed him the warrant and searched him, finding £29 upon him. Witness also took possession of a gold chain and silver watch he was wearing, and of a leather guard with a gold coin attached. Arrested prisoner on the following day, outside the Court House at Rangiora, under the warrant produced. Ho made no reply when the warrant

was read to him. Handed the money and property to Inspector Hickson.— lnspector Mickson deposed that lie received money and property from Detective Benjamin (property enumerated), the money amounting to £812 h L a The whole of the property was handed over by witness to Mr Ken-, thenustee m the bankruptcy estate.— Catherine Patrick Walsh, a constable, stationed afc Christchureh, and that ' Bhe8 he was a professional searcher. On Jan. 13. B he went to Eangiora with Detective Banjauim to the house of Mr Bassingthwaite. Accused was not at homo, but his wife wasDetective^ Benjamin read the warrant, and Mrs Bassingthwaite would then read, ib herself. She and witness went into the bedroom. Witness took off her dress, passing it out to Detective Benjamin. Next took off! her petticoat and passed it out, and then found a canvas bag, witli a smaller bag inside, tied round her waist. Searched the remainder of her clothing in the bedroom, but found no more. The money was afterwards counted in the presence of witness. Subsequently saw the box in the bedroom being searched, and saw Mrs Bassingthwaite take out the bag of 300 sovereigns and hand it to Detective Benjamin. This closed the case for the prosecution. Mv Grosson did not offer any evidence, and accused, iu reply to his Worship, said he had nothing to say. Mr Joynt stated that he had been instructed to conduct the prosecution in the Supreme Court. Mr Qresson applied for bail, which, was fixed for prisoner in the sum of £1000, with two sureties in the sum of £503 each, the sureties to be duly approved. Prisoner was then formally committed to take his trial at the next session of the Supreme Covet.