AFTERNOON SITTING.

West Coast Times, Issue 13730, 29 January 1906, Page 4

AFTERNOON SITTING.

The Court resumed at 2 p.m. Mr Lewis called evidence for the defence. John Peake junr, clerk and accountant, of Hokitika, deposed that after his bankruptcy J F Mardon engaged him to go through bis books and prepare a statement for the Official Assignee in Bankruptcy. Wiih the information he got from Mr Mirdon and with his books witness bad no difficulty in making up a statement. Was about sixteen hours preparing the statement. By Mr Park — Could not have followed Mr Mardon's books without Mr Mardsn's assistance. Hid uot found the cash book made up, and tbe tinre book was not complete in itself. Did not get most ot his information from the bank book. Frederick James Mardon, accused, called, d"pos'd he kept seven or eight books in his business. He was emplojed most of his time at the mill. The Official Assignee had f>ld h\m on cne occasion he waa quite sat'sfied with his explanation of his affairs. With regard to previous evidence he had drawn £200 in oae sum at tbe bank. Ha paid it all away in wages and to tradesmen. Besides oae cheque of £40 which he recaived from bis wife he recuvid no money except from the Loan a:.d Mercantile Company. It was generally known the mill had been mortgaged to get it started. Improvements to tbe mill had cost between £700 and £800. His business had suffered owing to a lack of power. Had never mentioned nor was be asked by his creditors as to his previous bankruptcy. By Mr Park — A lot of contract labour which be had got done he charged as labour. This concluded the evidence. Mr Joyce addressed the jury, and pomted out that under the Bankruptcy Act the amendments made any cases in which fraud was alleged pena l . The jury, he ur^ed, would find that not tbe least suspicion of fraud was shown in the present case. A great deal of harshness had been shown by tho Crown in presenting tha case. The Official Assignee had taken up the position that all he need take in to cocfiJeißtion was the documentary evidence. As men who knew tbe West Coast, he would put v to them how niacy of tbe small traders on tbe Coa9t or throughout the colony would they find keeping a proper stt ol books. Coui s il went on to show how in a rough and ready manner accused could follow the whole of his books himself. As to the tecund count of false pretences, they could see from Fidukpiu'd evidence that accused in his connections whs quite trunk, and he was perfectly inuoc°nt on this count. On the third count ot obtaining credit wilh> ut Im.ug disclosed that be was an undischarged bankrupt, be submitted that there was no evidence before the Court to show that accused was an undischarged bankrupt Thj jury, be felt Bure, would promptly bring in a verdict of "not guilty." Mr Park, addressing the jury, pointed out tbe man net' in which the accused k pt his books, by wLich neither he himself nor anyone else could at auy time tell his position. He laid stress on the fact of the accused's previous bankruptcy, and inasmuch as that he not mentioned it to any of his creditors. He spoke of the partnership between accujed and his brother, which put him iv a false light as far as his creditors were concerned. His Honour, speaking on the first count of failing to keep proper books, said the question they would have lo consider in this count wrs whether such books as kqifc wero proper or adequate. Th bu 'mess was not an orJu a-j one, a'CJ'd having been dealing a'most cX'.ntivcly with oik* fi'm, the Loui ami ile c uLi'e Coy. A> for lnclmiit g the c< h. of the boarding house under the h."(i ' a of waff-:' his Honour c!i ect d a j j th.il, tl.er* wis nothing improper in following buch a course. Unless the jury were of opinion that there was a serious defect iv the books and bookkeeping in.

the case they must give accused the benefit of an honest purposa. The second count his Honour passed over briefly, staging he had doubts whether he should leave it a3 an issuo to the jury or not. The third count, his Honour said, presented greater difficulty and was more serious. It was agaiast the law to act as accused bad done ou this count, though possibly be vsxs unaware of his "offence. He would hive to take thar into considetation in inflicting sentence if the jury found against the accused. His Honour directed the jury to return a separate verdict on each of the three counts. The jury retired at 3 55 p.m. APPLICATION FOR DISCHARGE. David John Watson, sawmill hand, Greymouth, made application for discbarge in bankrupt cy. Mr Park appeared for the debtor, and Mr Harper for several creJitors. The bankrupt was put in tbe bo* and was examioed by Mr Harper as to his present cirsumatances and as to whether he could not by monthly payments discharge the debts owing to counsel's clients. His Honour said that where a man had run up -accounts for carrying on a sawmill as the bankrupt had done, be could not be asked to deprive his family of maintenance by paying such accounts from the wages be earned by the work of his hands. The discharge was granted. REX V. MARDON. The jury returned at 4.35 p.m. with a verdict of "Ifot guilty" on the first and second counts, and ''Guilty" on the third count. His Houour said that though this case, he had no hesitation in saying, might be better met by a very short term of imprisonment as a warning to other*, he did not propose, taking all the circumstances into consideration, to take that course in the present instance. He asked for the Probation Officer's report, and on receiving it sentenced tho accused to a term of probation for six calendar ■months. His Honour then took some business in chambers, on the application of Mr Beare. DOlv'fWAlT UNTIL YOU NECD IT. Do not wait until some o F your family is taken with a violent attack of colic or diarrhoea. A bottle of Chamberlain'B Colic, Cholera and Diarrhoea Remedy at hand when needed has saved many a life. Procure it at once. For sale by J. Chesney & Co, Wholesale Meiohints. EASY TO TAKE, PLEASANT IN EFFECT. When troubled with constipation try Chamberlain's Stomach and Liver Tablets. They are easy to take and produce no griping or other unpleasant effect. Sold by J Chesney & Co., Wholesale Merchants.