SUPREME COURT.

Evening Star, Volume VIII, Issue 2203, 30 May 1870, Page 2

SUPREME COURT.

This Day. (Before Mr Justice Chapman.) DISCHARGES. In the folloAving cases the usual orders of discharge were granted :—William Wood and William Bramley. LAST EXAMINATIONS. In the cases of Maria Hies, J. M‘N. Simpson, and William Bugler, the 20th inst. Avas appointed for the bankrupts’ last examinations. ADJUDICATION. Henry Greig aatis adjudicated a bankrupt, and the first meeting of creditors fixed for the Sth inst. COMPLETE EXECUTION OF A DEED. A deed of arrangement between J. T. Tclfer and his creditors was declared to haA T e been completely executed. OPPOSED CASES, Be George Young. —This Avas an adjourned final examination. Mr Ward appeared for the bankrupt; Mr Stewart for Dalgety, Rattray, and Co.; and Mr Barton for Messrs Scaulan and Webb. The folloAVing evidence was given : The bankrupt Avas again examined. He adhered to his former statements, adding that he remembered a conversation taking place at bis house between .'scaulan an l Webb about six weeks before his insolvency. They Avere then his only creditors, and they met as such. They told him he Avas in as good a position as when he started. They also told him to get a suit of clothes, and tnako himself look smarter, so as ho could get credit. His Honor here remarked that such questions Avould not alter the case. Mr Ward intimated that evidence would bo given of the same character as being confirmatory of bankrupt’s statements, and Mr Barton observed ho had no Avish to interrupt anything ; but in deference to bis Honor’s opinion the line of examination Avas not continued.

Charles Kerr, salesman to 11. B. Martin and Co.: I know the bankrupt. Before his bankruptcy he came to me with an order for some goods ; lie referred mo to Scanlan Brothers. I went to Scanlan, who gave him a good character. Ho said Young had been a good customer of his, was always getting goods from him, and he would be very sorry to lose him. He showed me his bill book, and as far as I cau recollect, he appeared to have about LISO against him. He said he looked upon him as rather a good mark. This was about a week before Young’s insolvency. By Mr Barton • I cannot recollect that Young referred me to a. bank ; I don’t believe he did. I have had no conversation with Webb or Scanlan about this matter.

Jessie Wilson : I have been living with Mrs Young. About six weeks before Young’s insolvency saw Young, Scanlan, and Webb together in Young’s room. Scnnlan said to Young that he had better get a suit cf clothes and look respectable, to go about business with. “ About business ” meant to bring stock into the ho"se. Chas. M. A. Howison, salesman to Dalgety, Rattray, and Co. : Know Young. Sold some white lead, boiled oil, &c., to him. Asked him for references and he referred to Mr Scanlan. I gave him goods with going to Scanlan. Saw Webb a day or two after the sale. I simply to'd him when I met him in the street that I sold the lead, and I think I told him to whom I sold it. At the meeting of creditors 1 told Spanlap that Young had referred me to him. I then asked Scanlan what kind of reference he would have given me had I called on him. Ho replied, “ I would have given him a good reference ; I believe him to be an honest, hard working man.”

Mr Barton, addressing the Court, said the bankrupt had admittedly been guilty of the greatest rascality brought to light iu that branch of the Court’s jurisdiction. The bankrupt had stated that Messrs Scanlan and Webb had advised him to go to them for (goods ; as those gentlemen’s legal adviser he deemed it necessai’y to obtain certain evidence ; that evidence had been obtained without the slightest communication with the parties. He submitted the evidence of Air Kerr, instead of being unfavorable to Scanlan, was most favorable to him. The bankrupt did not in any way account for the 1.110 worth of goods. The Court would agree with him if it was a conspiracy as stated, Scanlan would have got a larger share of the plunder than he got. The greater portion went to Gibbs and Clayton, but no breath of suspicion was raised against them. The learned counsel proceeded to explain that the canvas was obtained by Scanlan I'ros. from bankrupt because at the time they happened lo have run short of it, and a customer required some; and that Webb obtained the white had from bankrupt, preferring to get it from his customer than going elsewhere, as was usual with him. It would also be proved that on the Tjry day bankrupt went to Walden’s, Webb went there, and being informed of the former’s vi-it, told Walden how he stood in Ins (Webb’s) hooks, and advised him not to let him have goods. Without further proof, he submitted his clients were entirely exonerated from the imputations cast upon them by the bankrupt. He concluded by pointing out several inconsistencies in bankrupt's evidence.

Messrs Webb, Scaulan, and Walden were examined, and confirmed the statements made by counsel. The two first mentioned denied the evidence given by tbe bankrupt to-day. His Honor in giving judgment addressed tbe bankrupt (as follows ; Your conduct throughout has been most reprehensible, because it is quite clear from your own statement that on and before the 21st of March you went to Messrs Dalgety, Rattray, and Co., and purchased goods to the amount of L 75 ; and you also went to Mr Fish, and purchased goods to the amount of L 3 5; making altogether LI 10. Now, under the present Bankruptcy Act, I am bound tq suspend an order of discharge for auy period at my discretion, not exceeding three years for various causes, one of which is “contracting or incurring debts without any reasonable expectation of being able to pay for the same within three months next before adjudication instead of “ within three months” in this case it is within almost three days—that is four days. Not only did you purchase without any reasonable expectation of being able to pay, but by your own statement your inability to pay must have been that of absolute certainty. Now, stopping there, this entitles me to suspend your order of discharge for three years. I am also bound whether counsel takes (notice or not to take

into consideration your general conduct. You appear to me on this occasion, to have been in one of two states of mind, which I do not know. First of all, in making these accusations against Messrs Scaulan and Webb you may have been actuated by vindictive motives from circumstances which are not disclosed to the Court, or you may have been actuated by another motive : you may have been Aveak enough to suppose, Avell knowing that your conduct was very reprehensible, that you you will be leniently dealt with on showing you acted as the tool of another person. Ido not think this is any excuse. But there are vast numbers of small contradictions in your statements, -which, in the minds of any persons hearing it, Avould throw doubt on it altogether, even if you bad nob been contradicted by Scaulan and Webb. There are a number of petty contradictions, some of which have hem pointed out by Mr Barton, and others Avhich, from the full report the Press has given of this transaction, one would be enabled to pick out by the aid of mere common sense. These contradictious will,as I haA'c before remarked, throw considerable doubt upon the whole of your statement. But when standing alone, you are contradicted by all those witnesses, and in many of your statements you are contradicted by other winesses ; in fact, there is no one Avitness Avho has been called who has supported you in any one particular. lam not sitting here to-day in judgment over Messrs Scaulan and Webb; but I think I am bound, so far as I can, to protect them, and to say I do nob believe your statement. I think you are unsafe to be trusted, and to be let on the town as a trader ; and therefore shall suspend your certificate for the full period lam enjoined by the law. lam exercising my discretion; I might impose a less period. I think altogether your conduct is so reprehensible that I shall suspend your certificate for the full period of three years. He John M ‘Donald. — Bankrupt’s order of discharge Avas suspended for three months. Be G. B. Yause. —Bankrupt Avas examined by Mr Stewart. His discharge Avas granted.