ASHBURTON.

Star (Christchurch), Issue 3487, 14 June 1879, Page 2

ASHBURTON.

Fbidat, Jumb 13. (Before F. Guinness, Esq., R.M.) ALLEGED OnABOB OP OBTAINIira Mohbstjndeb False Pbbtenobs.— James Daly was charged with obtaining the sum of £250 from Messrs M'Kerrow and Co., of South Rakaia., under false pretences. Mr Purnell for tho prosecution ; Mr Ireland, and Mr M'Oonnell for the defence. Mr Hurrell, Olerk of the * Court, produced the papers in fho bankruptcy of the defendant. In the statement of assets and liabilities he found a list of the horses secured by fche bill of sale.' They were named as follows :— Darling, Sam, Oaptain, and Maolam, Kitty, Nelly, Lass, Fanny, PollyFarmer, Tommy. A line had then been, drawn, and the following horseß were namedBelle, Blossom, Flower, one feal, one ditto, Tommy. In virtue of his office the witnebS--asked as trustee in tho estate. He saw fcheV defendant during that time in oonneotion with the estate. Had a conversation with defendant about the last mentioned horse s. Daly aaid he would send them to the truatoe in fche - estate. Did not ask him if they were under the bill of sale. The horses were sold by Messrs Acland and Campbell by witnoss* orders. The horseß sold were Belle, Blossom,: . Flower, and Tommy. Had witness supposed .. that these horses were under [bill of sale, he would have sold them if the bill of sale had not been produced. Tho horses were handed over to him as properly available for theestate. Witness did not understand, who held the bill of sale referred to in the four days' statement. Witneßirneither signed nor pufc any psrßon in possession of the horses mentioned beneath the line, in the four days' statement. Mr Allen acted for witness in fche matter, and he heard Allen osk Daly to bring in theso horses to the sole, . and the horses were sold by witness' directionHad never been asked for fche proceeds of theße horses by any ono. The money was* handed over to Allan by Acland and Campbell. Witness did nofc remember any demand . being made for theße horses after they were Bold. William Vigors, olerk of the Supreme Court, Ohristohurch, produced a copy of a bill of sale from James Daly to Messrs M'Kerrow and Mann, dated August 7, 1877. It was filed under the Bill of Bale Act, 1814. He alao produced a copy filed under the Mortgages of Stock Registration Aot, 813. John Mann, sworn, Baid he waß a member of the firm of R. M'Kerrow and Co., South Rakaia. Knew the prisoner. Tho firm had business transactions with the prisonor before his bankruptoy. He had an account current wifch the firm. Jusfc before fche beginning of last harvest tho defendant was indobtod to the firm in the sum of £1600. At this time ho applied to them for a further advance. He • asked ft r sufiloient money to pay the harvesters. To cover this .advance the complainants held a bill of sale over defendant's horses and a hen over hiß crops at Highbank. Complainants at first refused to advance any more money to the defendant, on the ground that quite enough had already been advanced. On tlie last occasion defendant asked for money he aa<d it was for tho harvesters, and that they (the complainants) were bound to pay it. The firm again refused. Defondant said thoy had no idea of the property he had or fchey would nofc refuse the money. Defendant alao volunteered a stnfcoment of fcho horses and implements he had at Highbank, and his crop, and eaid he had security enough to cover all the advances mado to him. He also said that everything belonging to him was their*. This firm instructed their clork, James Lamparfc, to take an inventory of tho defendant's properly.. Ho did so. Tho inventory was made oufc in witness presence. He would nofc swear that he was there the wholo timo. The horses are mentioned in tho statement— Blossom, Belle, and Flower. Thinking the statement was satisfactory, tte firm guaranteed to the Bank £250, that being tho usual course of business. Tho Bank had sinco called upon the firm to* pay tho money, and they had done bo. This money was advanced for the purpose of paying Daly's harvesters. The firm would not have advanced ifc for any ofcher purpose. The firm had a lien over defendant's property, and the advance roferrod to was made for the benofifc of fche firm. Daly said there were rumours about thafc the men would not be paid for the harveafc. Witness then told fche men in tho presonco of Daly that ho had paid •» their wages for harvesting to Daly. Daly | denied this, and the firm refused to advance any moro monoy, as ifc had already paid Daly. Defendant then became abusive, ond told complainants to oome Up fche nexfc day and take possession. The firm afterwards arranged wifch tho men to i go on with the harvest, and instructed Milos to tako possession of evory thing Daly had got. The men refused to work unless tho firm guaranteed the work to be done. A guarantee was given tbem, and the firm paid over £70 for wages. The firm were realising on their securities, and had cent parfc of the** wheat, somo 5500 bushels, homo fco England. Boughly the firm would estimate their loss afc £1000. Witnoss believed thafc Daly had a . statement of an account. Daly never had to the witness' knowledge complained of the correctness of tho statemont. Remembered some timo ago tliat IMy wanted to know 'how ho stood. Believed at this fcimo that ;Daly had an open account at fche Bank. Before Dalyappliod for fche last advance, he gave tho firm bilh for tho overdraft at the Bank. The firm had be*?n in tho habit of taking bills from Daly for tho laafc two years, and also for guaranteeing his overdraft. The firm always paid money to tho defondant by cheque. Witness oould nofc soy for whafc purpoae fcho firm had received tho lasfc bills from Daly. Tho last advanco Daly asked fjr was £200, and a fow weeks afterwards on additional £50. Witness did not know afc fchis time that the £200 was spent, and never applied at the Rank to know how the account stood. The Bank always let the firm knowwhen an account was exhausted. Witness • did not know when Daly applied for tho £50, but ifc was beforo Maroh. Could not say whether any othor person was prosent when. Daly applied for the £50, and could not toll ' what ho said on tho oooasion. Witness oould nofc say whafc fcho money was wanted for. About tho latter ond of January or tho boginning of Fobruary, Daly's harvCßfc would commenoo. The £200 wos advanced bofore the harvest commenced. Daly was working wifch the men harvesting, and what he wanted for himsolf during the harvest would be included in the £250. Witnecs knew John Bell of Rakaia. Did nofc know whether he had sunk a well at Rakaia for Daly. It was ' after tho £50 was advanood that Daly ond the •■• men oamo to see M'Kerrow and Co. Jameson Bros, telegraphed to know whether, if fchey sent a threshing maohino to Daly's land, tho firm would eoizo ifc. The firm replied, " certainly nofc." Jameson, Bros, wished the firm to endoreo a bill for the threshing maohine for Daly. At tho time Daly came down, witnesa could not aay what -quantity of tho crops were to bo harvoßfced. Witneaa hadnorecolleotion of giving Daly two blank ohoques at the Bakaia. Witness did not ask* for further • security when Daly 'applied for tho £250. Never had a slafcemenfc from the Bank of Daly's affairs. Witness knew nothing whatever as to how the £250 advanced to Daly had been expended, except fchafc tho Bank of New Zealand afc Rakaia had paid a bill to Saunders that ought to havo been ronewed. Witness eaid nothing aboufc this to Daly,, seeing lie had advancod tho money for harvesting purposes. Believed tho threofurrow plough mentioned in tho statement

was ordered from M'Lean and Winter, and also believed fche firm either endorsed defendant's bill or else beeamo security for the price Of the plough. Witness wns not sure ■ whether tho plough had been paid for. ' The Courfc then adjourned.