ASHBURTON—THURSDAY.

Ashburton Guardian, Volume VII, Issue 2310, 20 December 1889, Page 2

ASHBUR TON—THURSDAY.

(Before Mr 0. A. Wray, 8.M.) ALLEGED LAROfINY 48 A BAILEE. Following la the reminder of oar report of the oharge of laroeny aa a bailao •gurnet B. MoOonnei.. Acf bar Ba»aoh»mp, auctioneer oarrying onijbualneas at OhrUtoharob, said that he remembered Helling sonn thicga foe MoOonuel oa Oaborne'« farm, South Rakuia, oa September 30 Paid tha prooeeda to MoOonael on October 1, The gross amount realfaed was £400 17a 6j, the net proaeeda being £387 3a 63. Wi's-' vein p»!d MoOonnel £360 10s 63, tie difference representing wU^aea'a aooouit against McOonnel,—By Mt Klppenbergot: No one made aoaim up<m the goods or prooaeda, either on account of the Official Assignee or Osborna The goods were «dvertls>d-as baing.aurvloned iride* * b 11 of Bale. Frank Whlttalr, bailiff, aaldtlut be received inatruptio'ng? ttbta McConnal on July 13 to tie'za Oabome'a, goods. Wit»e*e Bent r iuao named Atkinson to aefze—By Mr Klppeabefg-r.: A kln;oa sp aad en wllm-ua' behalf and rea^lnecTln poaaesfllon for 78 dsya, up to th£ da£iof; the sale. No claim wi»b ,m*d v-aiver(|ii"to MoOonhel, during ihat time, So;fWr as wltoess wai aware~Joho O.urlea Ball, Deputy Official Assignee, Jn the bankrupt estate of Edward William Oaborne, recplleoted the orders In the estate that had been made In the DMrlot, Oaurtj . Under one of the orders MoOonnel w*» to aocount to witness. Ha received aome •ooounto from him (already., produoed) MoOonnel did riot appear on'the taking of that a:coant. MoOoonel had no authority from wifcneaa to sell any"of the goods locl'dded m the bill of sale- Oe had not aobobnted to witness fo« the amouni realised by the sale of the goods. —By Me Xl i >p,nbergee!''i'ha ground on frhioh- the Bill t f sale fras declared void was thai ojrtiln securities held by 'MoOonnel operated as defeasino:s of U. When that order was obtained witness W to work to obtain the wopda whiph hid not been realised apon, and the amount reftlued upon anoh goods ai bad been sold, and obtained an order of the Court to thif efieot, Witness'complaint was tbat the order of the Oourk hsd'not been complied with, lo.*6tnarih as tha prooeeds of the s»te had nob been banded to him If MoOonnel had paid the amount over no action against him for laroeoy aa bailee would have been taken. Under the olronmßtanoes, witness oooßiderad a oharge of larceny as a bailee would have lain. By the otrounutance3, witness meant tbat MoOonoel was holdlDg goodj! and refaslng to give th3fflua^-in~tH9"l«oe oTThT^jtrdintehror the Oocrt. Witness first oouoelved tbe ideu of proceeding *t;aio«t McOounal iov laroany as aba he Whiu h.4 heard that he b^d refrued to oompiy with the Beoond order of tbeOoaH 1 1 hand over the pzic eda of tbo bill of aa^. Witness bad legal ndvlo3 that a orltn!n%l action was tha best ooutae to tk*. and Ue creditors Ina^ruoted him to tako saoh ao ion, Witnees aaw the advortis..inent m conneotlon with the oalo of Oiborae'a goods Witnaea did not interfere wh!. tho sate. Wh:n th? molten to up?et the bill 'A sa!o w^a heard McOoijuel milatairißd his right to tho go.)dj undar o hei 1 eecucitiea.—By Me Martin: Witness laid the in:ormatlot>, under Inattuo:!o)S ooattineil li a rejoiatlon passed a: a meeting of creditors m O-boroe's esiate—J. A. O^ygill, eald that he had acted for tho Deputy Offioifil ABslgne m connection with Betting aiide the bill of sa'e m Osboroe'a estate, The motion locec «slde the bill carno on for hearlug on Sopfcember 13. MoOon'iel did Dot arrive In Aahburton till *fcer the motion had been bifore the Court, and whoa he oamo the motion had boon »d---joucned. It yna heard o Oot 18 ad 19, and jadgment being given o" November 15, when an otder was nude aetclng aside the bill. Beveril t!.r< v ida were meniioned In the motion reßpeonng the bill, but the Judgo having Bet aside the bill on on* ground thought it unnecessary to go further snd the other groands were no", odjudloated upon. Icoluded m tho sooond noioe of motion was an applloatlon foe an order for paj ment of proceeds of lion, but wltxecs dropped 14 as wrong liea had beeu put m. Neither the goods nor the p?o--coeds had been handed over to witness as solicitor for the Aialgnee, nov had any arrangement for thuir eale been come to beiwoecj witness and MoOonnel. Qn Deo&mber 19 witness made an application for %he money, bui MeG nna! tafised to p*y. By Mr liippanUr,,^ ; AloOonnel did not give any reas^i: Ui vis. c<.jjd«i to pay. On another occasion MoOonnel s&ld that be did uot Intend paying beo»nee he wao golcg to appeil against the ord»r of the Ocact, atd that he also claimed the goods undor bia own securltUs. Witnetß undet»tood him to refer to the eeoarltlea transferred from the Finance Company and the Bank of New Zealand; At the hearing of the first motion MoOopnel set np a olaim that he was entitled to'the gooda uncV these seoarlties. If these BeourlHoa were valid then McOonael's claim, despite ihe order of the Court, would hold good. Witneaa could not say whether ha Bald that he would get MoOonnel " over the hill,'. There had been no feud between witness and MfiOonnol though he had had aoaa very uopleißant baslneaiTo tranaiot with him. There was no ill feeling on witness' part. He declined to say whether he advised the pieaent proceeding. He delinad to aay whether he bad consulted counsel and that they had fcjld him a oaae would not lie. Witness considered that MoOonnel was jqatl6od m holding the prooeoda of the Baia till the Court had adjudicated upon the motion, but he was not justified In treating them aa bia own, He did no; think that If the money had been paid this notion would have been taken. A day ov two b.efoie the information was laid witness searched McOo lel'o properties aod found that he wan realising them aa fast as he could. He declined to say whether heoommun'oafcd this information to the creditors meeting.-—J. R; Oolyer, ro'Called, produoed a copy of the Jsd^e's deoUion In tbe bill of sale oseo—Taa Magistrate aald that there was no ucoaeal'.y to oall no ooanßel for the defence to address tha Court. The proaeontlon bad failed to make out a pritna facie case of laroeny aa a bailee agalnat the aoousad, who In his opinion bad *cted throughout upon what he con idered was a legal right It appeared shfU t,).e real pilevanoe was not. that McOonnel had sold these goods bet that ha hsd failed Biib«e quently tj pay tho money over. The matter Boemcd one for the Binkraptoy Court, and he certainly thought tbeve was no case to go to a jury. The ease would be dUmiased.