SUPREME COURT.

Evening Star, Volume VIII, Issue 2197, 23 May 1870, Page 2

SUPREME COURT.

This Day. (Before Mr Justice Chapman.) FINAL EXAMINATIONS. In the following cases, the usual orders of discharge were granted ; Arch. Cameron, Robert Jack, William Mitchell, George (lee, Alexander R. Hay, and John Hay. The cases of Fitzroy M ‘Lean and William Woods were adjourned for a week. Ris John M ‘Donald. —The bankrupt was opposed on behalf of a creditor by Mr Stewart. The opposing creditor stated that the bankrupt had been in constant employment on board the Government dredge for the last three years, at a salary of LI4 per month. Ho owed witness LGS for the last live years, and had only paid Loon account, always promising to pay the balance but had never done so. He usually got drunk on pay day, and remained so for a week or month afterwards. The case was adjourned for u a week, to allow of the bankrupt’s schedule being amended so as to include some leasehold property he possessed. Re George Young.— Mr Ward appeared for the plaintiff, and Mr Stewart opposed on behalf of Messrs Fish, senior, and Dalgoty, Rattray, and Co., creditors. The bankrupt was examined as follows ; I am a house painter and commenced business here about twelve months ago I iirst was in business in Princes street, where I carried on for Scanlan Bros., for about a month, and afterwards set up for myself in George street. I commenced with a capital of MO, and was supplied with goods by Scanlan Bros. His Honor here read the provisional trustee’s report as follows ; — s ‘ The bankrupt was insolvent in January last, and delayed filing his declaration until the 25th March. Immediately before filing his declaration he purchased goods to Itbo value of LIU) from Mr H, S. Fi«h, seur,, and Messrs Dalgetty, Rattray and Co., with whom he had had no previous dealings, and on the ‘2lst Marrh ho delivered part of the goods to the value of L 25 to two of his creditors, Messrs Scanlan Bros, and Webb, thus granting a preference over his other creditors.” His Honor : If the facts be as stated, and I had drawn up the report I should have said a fraudulent preference. The bankrupt’s examination was continued —That report is not true. 1 was also supplied with goods by Mr Webb. I remember a bill for LI 25 10s Cd becoming due on 21st August last to Messrs Scanlan Bros. I did not meet that bill. 1 paid about LIOO. The balance was renewed on to the next bill. I was in the habit of getting goods, and if not all paid for, the balance was carried on to the next bill. I remember a bill for LGS 2s 8d becoming due sometime afterwards, to Messrs Scanljii) Bros. I am not sure whether the whole was paid, I dojpt kjpw when I first found myself in difficulties. Remember a bill for L 26 becoming due to Scanlan about January 4. It was not met. I met several bills afterwards. My liabilities to Scanlan on the 24th March were about L 175, represented by bills. Remember going to Dalgety, Rattray, and Co. about February 25, about three weeks before I found myself in difficulties, Purchased from

them L 75 worth of white lead and canvas Had not previously dealt With them. Was advised to go to them by Scanlan Bros and Webb, who told me Dalgety’s had some cheap lead which would suit me. This took place iu Scanlan’s office. Went to Dalgety’s the same day. Scanlan was always sending for me to get stuff from somewhere else than him. I went to several places; to R. B. Martin and Co.’s and to Bright Bros., but they would not give me credit. Scanlan told me to get anything in my line that would suit me, and he would see the bills paid as they came due. Went to Fish’s about the same time—about the Ist March — and got L 35 worth of stuff. He said he would lot me have it on a good bill. I might have told him Scanlan was charging too high ; I wanted to see which was the cheapest place. Did not tell Fish I only owed Scanlan’s about LSO. Scanlan’s knew my position six weeks before I filed. I got the goods, believing if I was a’lowed time I should be able to carry on and pay off my creditors. Webb recommended me to Dalgety, Rattray, and Co. as a suitable person. Delivered L 45 worth of goods to Gibbs and Clayton. Of that sum, L2O worth went to pay off an old debt, the balan.e I lived upon. Some of the goods (sashes) were what I got from Fish. About the same time I went to Fish I went to Walden, in Stafford street; but be could not let me have anything. Mr Ward declined to] examine the bankrupt. His Honor : If bankrupt’s statements be true it ia one of the most reckless eonspiracies to defraud I ever heard- of. His statements, at all events, are evidence against himself, and if true ought to bring to justice all the parties concerned in the matter. Mr Ward : The plain facta are before the Court. I did not wish to prolong the matter. His Honor : I have made up my mind to suspend the final order of discharge. As the matter stands, Messrs Scanlan Bros, must be aware a grevious charge lias been brought against them, I was going to adjourn the matter. Mr J. Scanlan was then examined on those matters in which his firm was referred to. He said —The first time 1 knew bankrupt was in difficulties was about the beginning of March. His statement that I advised him to get goods elsewhere than at our place, is false. On one occasion he told me his place wts badly stocked, consequently he could not expect to do business. I then told him he could buy goods where he pleased; believing that before he had been dealing with ns exclusively. He also told me he saw R. B. Martin and Co. ad vertising a shipment of paperhangings, and he thought he could do business with them, if he had a reference. I said if they called on me I would tell them what I knew of him. I have known him a good many years, and always thought 14m honest. I was very anxious to help him. I only recommended him tomne firm, R. B. Martin and Co.’s salesman. I did not send to Mr Fish offering to give LlO and a bill for the balance of bis debt. Knowing Fish had a case against him, I asked how he was going to do. He said he was going to contest the case. I then asked him if be considered himself solvent. He said I have noj; been solvent for some time. I then said, it that’s the case you must call a inerting of your creditors. I certainly think it hard that several statements should be allowed to go uncondradictcd. His Honor : We cannot provide against persons giving evidence on oath in a coart of justice, because it happens to hit rather hard upon other persons. He is open to a prosecution fop perjury if he has swqrq falsely. Mr S Webb was also examined. Mr Stewart applied for an adjournment. He was instructed Mr Webb called on Dalgoty. and Co. as stated. His Honor. —If Mr Scanlan wishes an adjournment I have no objection ; I should certainly like him to clear up one or two points. If 'the story told by the bankrupt be true, it is one of tho most rascally trail; suctions I ever beard of. From his conduct and way of telling it, I cannot help saying some doubt would naturally occur in the minds of persons listening to it. I think the persons accused ought to have a n opportu nity of answering it in the best way they can. Case adjourned for a week.