Wanganui Supreme Court

Feilding Star, Volume XVI, Issue 84, 3 October 1894, Page 2

Wanganui Supreme Court

THE CASES OF A. HICKFOED AND J. 0. MOREY. Tuesday, 2nd Octobeb. (Before His Honor Chief Justice Prendergast.) Arthur Hickford, having been convicted of attempted suicide, was brought before the Court this morning. Mr Beasley, Probation Officer, in reply to His Honor, said the uncle of prisoner was prepared to enter into a bond for his nephew's future good behaviour, He would, however, point out that under the Act prisoner was not eligible to probation, he having been before the Court previously on an indictable offence. Although acquitted, the Act did not make provision for that. After discussion, His Honor decided to allow prisoner on probation, on his own recognisance of £100 and his uncle in a bond of £50 for prisoner's good behaviour for twelve months. IN RE J. C. MORBT'S BANKRUPTCY. Accused pleaded not guilty and was defended by Mr Baker, of Palmeraton North. In opening his case Mr Fitzherbert referred to the Bankruptcy Act and the sections under which the charge was laid. With regard to the first charge the case would be very simple. Accused was for some years manager of the branch business of Messrs J. Paul and Co., at Feilding. In March, 1898, this business was closed, accused purchasing the book debts for about £500, and for which he gave p.n's. extending over one, two, and three months. In his examination it was shown, and accused practically admitted, that he had very little capital at the time. He immediately gave to different warehousemen orders amounting to several hundred pounds, which were to be paid for by bills falling due on the following September. In September he was in a bad financial position, and it must have been perfectly plain to him that he was in an insolvent position. At a meeting of his creditors an arrangement was made for the renewal of these bills with his wife's endorsement. Accused then proceeded to order more goods- £SOO I worth in October, £200 in November, and £100 in December. On February 10th following he filed. Knowing, as he -must have, that he had no reasonable grounds for expecting that he would be able to pay all his creditors 20a in the £ he incurred tbeae heavy liabilities. He carried on business for 11 months at the end of whioh time his liabilities were £1800 and bis assets realised L6OO. With reference to the charge of not keeping proper books of acoount, it would be shown that he had used a cash book of the old firm's for a few months | and this was the only one, unless it be contended that certain entries in his day book took the place of a cash book. His ledger showed that when be commenced business he made his entries regularly, but on July many omissions were made, and from September no entries were made from which could be gathered bis financial position. The third charge of making fraudulent preference was he (Mr Fitzherbert) contended, plain. Accused had purchased from Mr Notman, D.0.A., I goods to the extent of L2OO for whioh he ; gave two bills of L75 and L126. The L75 bill was paid. At a meeting of his creditors in January this second note was then falling due. It was endorsed by his wife i and a friend, a Mrs M. Oliver. Accused closed bis banking account, scooped in all the money he could, and paid Mrs Oliver LIOO, whioh she paid on account of this bill. There was not the slightest doubt that in all honesty accused should have handed this money over to his creditors in the ordinary way. G. J. Scott, Deputy Official Assignee of Palmerston North, was sworn, and read the statement made by the accused at the publio examination. Mr Baker, for the defence, addressed the Court at length, contending that in none of the charges against his client was fraudulent intent imputed. Here> viewed the circumstances of the case in detail, and called Dr Charlton, of Feilding, who said he had on several occasions attended the debtor. For four or five weeks preceding January last he was certainly not in a state to carry on business. He was suffering from most severe sciatica, which produced extreme mental depression. Witness frequently advised him to take rest, but he could not do so. During his (witness) absence in England Dr Sorley attended the debtor, and had been obliged, according to the debtor to inject morphia. He had no reason to disbelieve this, as he himself had had to fall back upon the same course. On the 26th January witness gave debtor a certificate stating his incapacity to attend to his duties. Cross-examined — Sightly or wrongly witness was under the impression that the debtor was suffering from some mental worry in addition to his complaint, Thomas Eichard Cornish sworn, said he was at one time an assistant of Mr Morey's. He remembered the debtor's filing. Some time prior to that the debtor had to often leave the shop on account of ill-health. Mr Morey was not in a fit state to attend to business for the last two or three months. Cross-examined— He was five years and 11 months in the employ of Mr Morej, part of the time of course being in connection with Paul's business. By Mr Baker—So far as he was aware it was not usual to enter up every half yard of ribbon that was sold They used to take stock once a year, and usually took about a month to do so At this stage the Court adjourned till 10 o'clock next morning, when the eti denee of the debtor will be takes. — Chronicle.