MAGISTERIAL

Ashburton Guardian, Volume VII, Issue 2306, 19 December 1889, Page 3

MAGISTERIAL

ASHBURTON— THURSDAY. (Before Mr 0. A. Wray, 8.M.) OIVIL OASES. Joseph "Waits v F. ttodd, olaim £2 6s lOd. Judgment for plalntifi by default for tbe amount claimed and coats Inhabitants of W*kanoi Road D.stjiot ▼ O. Hellings, claim £10 6) 6.1 fr rent of a Boad Board cottage, Mr Purnell appeared for the plalut.ff.-. Defendant admitted the claim, bat staked for time to pay It. Judgment fo? pl&iut.Ss. Margaret Toppln v Gust*.? us Fox, judgment summons. Mi Cu -hbertsou for the jadgment ocedltor, Case adjourned till Jan 9. OOW AT LA-OS James Hesau.ue was charged with having permitted a oow to' wander at Isrge at Tinwald. Mr Caygill appeared fcr the defendant. It appe&rod that the cow had been impounded, and fies paid, and tha Magistrate dismissed tbe esse with a oautlon. ALWSGBD LAKCBNY iS A BAILEE. Eobett McOonnel w&s charged with having, on cr abont Oot 1, while being the bailee of oertain stock, chattels and effeots, of tbe value of £348 13. 6i. or thereabouts, the property of the Deputy Offioial Assignee In the bankrupt estate of E. W. Osborne, fraudently taken and oon ver ted the same to bis own cse,aod that he retained and still retains tbo proceeds thereof*— Mr Martin appeared for the informant and Mr Kippenberger for the defendant.' Mr Martin opened the oase for the informant, detailing tbe circumstances whioh had led np to tbe present pro eeedlngs. The Information charged with what amounted to laroeny as a bailee ono Bobert MoOonnel, a solicitor oarrying on bnalnera Id Christchurch. In 1887 MoOonnel had various a^oetary transao'lans with E, W. 0-.bo.ne, a farmer In this distriot, aod these transao ions culminated m Osborne giving a btll of s»le over the stock and articles menti mcd m the information. In July tnlo yosr Osborne filed his schedule, and defendant it'ssd the artioles nnder tbe bill of sale. When Osborne filed tbe Assignee took •teps to impede tbe bill of sale. He filed a motion In the District Conrt, and notioe waa tent to MoOonnel. Tbe oaeo came on for hearing. Defendant was not present, but tbe oase was adjourned. Between that sitting and the following one MoOonnel had aold the artioles mentioned, and converted the proceeds to hie own «se. He bad not accounted for them though toe Court h*d ruled tbat tha bill of sale was void . b ugalnst tha Cffi_l_l Assignee. Mr Martin add rr seed •be Court at tome lei gth on ibe lew of the esse, and then oailed evidence as fc lows : — J. B. Ooly r, Olerk f tbe District Court, produced Osborne'- potltlon to be adjudged a bsnkiupt, fi'ed en July 11, 1889- The bankruptcy had not been annulled. ProiuceS a bil of »B.e, Oiborue tv McCunnel (July 20. 1887) whiob was put m Id the Ditrfct Oturt by Mr McOonnel at the time there was a motion before that Court to have the bill declared void, Produced tbe orders made by the Distriot Court m iheee prooeedtDgs — one dec a-jrg ihe bill cf tale void and theothnr dliec.i g cecta n mos-eys •honld be paid. Produced statement of aooounts between Oeborue and McOonnel whiob had bien 2od_*ad witb him. Notice of appeal against ibc. .rder deol»ring tbe bUI of sale void hed been given him on Deeembsr 6. ho sccarlty hed been lodged with witness for gang on with the appeal, bnt tbe time bad not yet lapsed. MoOonnel did not appear about the taking of tbe accounts on the fixed date. —By Mr Kippenberger : MoOonnel wrote to witness about the t&ktog of tbe ec counts, asking him to postpone the day and fix another. Witness bad an objaotlon to poß'pono the day; Produced tbo Other dooumeuts pnt ln wben the motion was before the Dis. riot Conrt — billa of sale with transfers naked on them from the original grantees to the defendant. Produced motion on wbioh the first order of the Court was made. The wlttess was examined at some length m regard io the statement of accounts as between Osborne and McOonnel taken by him MoOonnel did not appear wben they were taken, snd the other" side objeotlrg to a number of Items m his cl>im tbey were disallowed. Witncrs w»8 now ex; mined aa to these Items. Mr Martin : MoOonnel bid been ordered to ecoount to the . ffiolal assignee, and wltnees w?a to take ths asooants: It was McCounel'a duty tc have attended et the taklDg of the accounts — R, M. Cuthbertson, solioltor practising In Ashbnrton, attested Osborne's signature to the petition for adjudicate n as a bankrupt— B. W. OBborne, farmer, said that be bad been os-rrying on business In tb© distriot for tbe hat twelve nyears. Witness filed a petition to be adjudged a bankrupt on July 11. Koew McOonnel. Had various monetary transactions with him, m July 1887, giving bim the bill of sale produoed. G.ve bim a promissory note abont that time. MoOonnel did not take possession of the goods mentioned ln the security np to the time uf witness filing, but he took poßts■lon witbin a fg-r days, It might bave bec-n the day af ier hB filed The goods he took possession of were those mentioned ln- the bill of sale,|and they were afterwards sold; Mr Beaochamp being ths auctioneer. Witness was present at tho sale, Kxcapt for tbe bill of sale the goods were tbe property of wltnees. Generally the things mentioned ln the Information were Included m the b'll of tale and cold b? Basuohamp — By Mr Klpp; nbFrgor ; Went to Christohuroh on tbe mo ning on which MoConnell took pos su:.n. Before that witness had been arrested for debt, but was not m custody when he filed, could Bay poiltlvely that MoConnell had Dot taken possession at tbe tim * of filing. Watts, wltneis brother-in-law, was on the farm, but bad no authority that he knew of to take possession for McOonnel. The same goods Inoluded In ths bill of sale were Inoluded In other bills of sale given previously to the Finance Company and the Bank of New Zealand. When thoy were transferred to McOonnel witness unders'oo- thst tbey were to be done with and that McOonnel was to take a fresh bill of sale. Had MoOonnel ssld anything abont them wonld probably not have ob jeoted to the transfers being kept on foot. About £70 had b^en paid to the Finance Oompa-y and £260 to the B»nk of New Zsatand. Obutd not iay whether McOonnel adv»no«.d that money before or after be took witness's bill of sale. Tbe P.N. (produced) given on tho 2ad July at four months for £525 was given by witness and bore his signature. Witness was further cross exsmln- d at length as to his monetary transactions with MoOonnel. (Left sitting.)