MAGISTRATES’ COURTS.

Globe, Volume VIII, Issue 1029, 12 October 1877, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Friday, October 12. (Before Q-. L. Mellish, Esq., R.M.) Drunkenness. —Jane McMahon for being drunk and disorderly, creating a disturbance in a licensed house, andj using ■'obscene language, was fined 60s. Larceny. —Charles Harvey was charged with the larceny of a purse and £1 Is 9d, the property of Geo. Bathersbee. Evidence confirmatory of the charge was given, and the accuser! was sentenced to one month’simprisonment wit i hardjjlabor. He was very sorry ; it had been done through drink. Conspiring to Defraud. Michael Murphy and Henry William Wykes were charged, on remand, with conspiring to defraud the creditors of G-eorge Hamill, Mr Joynt for the prosecution, Mr Izard for the prisoners. Mr Joynt wished to recall Hamill, but Mr Izard thought it was not right that such should be done. The Court overruled the objection.—George Hamill: I think I was indebted in about £BS last Saturday, and the whole of that was unsecured. —Mr Izard asked if that had anything to do with the case.—The Court thought there might be an object in that way of arriving at the value of the goods in the store. Besides, it was a preliminary investigation, and the object was to get out the whole of the facts. In doing that it might happen that evidence might be admitted which might be objected to afterwards. —Mr Izard objected, because that evidence went before the public through the newspapers, and it might prejudice the prisoners. He would understand the position better if the Court would say whether it had made up its mind to send the prisoners for trial.—The Court thought that a most extraordinary question, seeing that half the evidence had not yet been heard. —Mr Joynt said that his object was to prove that Hamill had creditors, and was indebted so far as to justify his being made a bankrupt. Hence the questions bore directly on the charge. He would press the question, which the Court allowed. —The witness: I had assets to meet those liabilities except the goods taken away by Murphy j and Wykes. No creditor except Banks and | M’Dougallhad obtained judgment against mo since last Saturday. The accused were aware I that the goods were all the assets I had. I j have, since the goods were taken away by the I prisoners, filed a declaration of insolvency, f and I produce the Gazette notice.—By Mr Izard : I had no assets beyond those taken j away. They took everything out of the house | and off the premises, except some coal—two or three cwt. I have not removed it since, and I last saw it on Monday morning. I | could not say whether it is there still. I ; bought it off Mr Sheath about the 22nd and 23rd of last month. I think I bought about ■ a quarter of a ton, I am not certain whether all the hay was taken away or not, I told ! Murphy he could have the hay. I can’t swear whether I told the carrier he might have the hay or not. I don’t remember that anything else was left behind, except some pots and pans that were borrowed. I am not aware that anything else was left behind. There were blankets in the house, but he thought some were in the boxes. Mr Banks had the box which was packed up by my wife. I filed ray declaration of bankruptcy yesterday. —Mr Izard asked who told him to file.—The Court stopped the question, to which Mr Joynt also objected.—Mr Izard feared there might be a conspiracy against Murphy.—Mr Joynt: There might, for a very laudable object. —The witness: I filed yesterday at eleven o’clock, and I did not file solely for the purpose of making up this case. I thought nothing of filing till yesterday morning. I said the cart came about three minutes to twelve. Wykes did not measure or weigh anything ; a few loose parcels of groceries w-ere weighed. I remembered this since speaking here before. I first went to Murphy’s on Friday, about two o’clock, and waited about till I saw him. It was his own suggestion that he should take the weighbridge and chest of tea away on Saturday morning, and he did not suggest that a van load should be taken. Ho suggested that tinweighbridge should bo taken, as the public would think it was going to bo adjusted. Wykes was not present when this was suggested by Murphy. I said that I would rather he took nothing away during the day, as I did not want anything to go away on Saturday. When Murpny suggested coming at 9 o’clock oa Saturday night, I did not suggest his

coming at one or two on Sunday morning Sarah Jane Hamill, wife of George Hamill, said: My husband commenced business within the last two or three weeks at Whately road. I assisted in attending to the business of the shop. I remember seeing Mr M. Murphy at my husband’s place of business on Friday about six in the evening. Mr Wykes was with him. Mr Murphy said there was not sufficient furniture in the place to give a bill of sale on, and the goods in the shop were too movable, and my husband would have to give a guarantee to keep up the stock. He thought that on the whole it would be very foolish to give a bill of sale, and he said, “it’s not an absolute sale you want, because if so I would buy you out, the same as I have done another man.” I don’t remember anything else on that occasion, but it was arranged that my husband should go on Saturday morning and see Mr Murphy. Murphy and Wykes then went away. They came again together at 11 o’clock on Saturday morning. Mr Murphy then gave my husband £B. My husband went across to Mr Anderson’s and paid him £B. While he was away Mr Wykes took a note of the furniture. When my husband came back the cart came and they took away the weighbridge and a chest of tea, for Mr Murphy said they must have some security for the £B. After the cart went away my husband brought the bills he had received from the gentlemen he was dealing with, and Mr Wykes then took the stock from the bills—invoices.—Mr Izard objected to the evidence being “edited” by Mr Joynt, and would prefer it to be taken down direct from the witness’s mouth. —His Worship remarked that if Mr Izard objected to the way the clerk took the evidence, his Worship would take it, or Mr Izard might do so himself.—Mr Joynt.- The fact is, my learned friend doesn’t like to hear ray voice. —The witness resumed : After that they left, and I heard them say to my husband, “Come down to the office about 2 o’clock. I next saw Mr Murphy by himself about 7 o’clock. He came into the shop, and after some cus tomers had gone out he said all was arranged, and a man would be up with a cart soon after 11. I asked him why he did not take the things away on Monday morning, and he said it was not likely the men would come with their drays so early, as they would have to be taken away on Monday morning. It was far better to take them away at the time arranged. He told me then that I was to see that the coals were put into sacks, so that there would be no trouble, and as little delay as possible ; and to get all things in as much reachless as possible. My husband then came in, and he repeated the same things to him. Mr Murphy then went. The next time I saw the two prisoners was not far off 12. I heard the town clock strike not long after they came in. They commenced the first thing to take out furniture. Michael Murphy, Murphy’s brother, Wykes, and the drayman, were there. Wykes and Murphy’s brother commenced to take out the furniture, and Mr Murphy was checking off the things as they went out in a book that Mr Wykes had them written down in. We were all giving the names of the things to Mr Murphy as they were going out. The drayman said there was hardly enough for him to make a load, and that they had belter take some bags of chaff to fill up. Some chaff was put on, and the load went away. The chaff was neither weighed nor measured. Mr Wykes said they were good bags of chaff. We'waitedtill (he same dray came back. While it was away there was conversation, and the groceries were got, ready, and Murphy and my husband weighed some parcels that were open. It was then, I think, that Mr Murphy passed the remark that “ it was a pity we hadn’t twice as much, as a man was thought a great deal more of for going in for a big thing.” Murphy said there was a man called Lennox that had got another man to back a bill for £IOO, and that Mr Lennox had eloped, being very much in debt also, and that he bad got j out of the colonies, and that no one cor Id ! touch him, for he was free. I don’t re- j member any more conversation till the next 1 dray came up. The dray returned. Mr • Murphy commenced a fresh place in his book, and took down a note of all the things ! that went out. Mr Wykes helped to lift the | things on to the men’s shoulders, and he gave I the quantities. Nothing had been weighed or ! measured, except the parcels, which had been opened. In that way, all the things were • removed. There was one time I said there j was more in a particular bag, then Mr Wykes said, and Murphy replied, that he was only putting down what Mr Wykes (his valuator) | told him, and he added that if Wykes had ! said seven bushels instead of three he would ' have put it down. That load went away then. • Mr Murphy asked me where wo intended to go to, and I said I had not any idea at all, but perhaps we would go to Grcymouth. I have some idea of his saying a steamer would be leaving for places beyond the colony on Monday, and suggesting that it might be better to go with it, but I don’t remember the precise words he used. It was daybreak by the time all the goods were removed. Murphy, Wykes, Murphy’s brother, the drayman, and my husband all went away with the last load, and I saw no more of Mr Murphy or Mr Wykes afterwards. Everything that they had agreed to take out of the house was taken away. By “ they ” I mean Mr Murphy and my husband. —Mr Izard objected to this going down, as she did not know what the agreement was; at least, it had not been shown that she knew,—The Witness: The counter and fixings in the shop, and the coals, were left behind; also a large boiler and a ; washing board, which I told them did not j belong to me. My wearing apparel was left behind. —Mr Izard said he did not intend to cross-examine.—William Clifford ; I am an auctioneer, trading in Christchurch as Clifford and Company. _ 1 k « v Michael Murphy, and remember having conversation with him last Saturday. About half-past live o’clock Mr Murphy came into the yard and told me he had bought the stock-in-trade of a grocer in the Whately road. He said he was going to keep the shop open till nine o’clock so that he might sell as many of the goods privately as possible. He said ho thought there would be about two dray loads, and would got them in between nine and. ten o’clock that night. He asked me if ho might put the goods in the store, and I permitted him to do so. My gates are generally open till late on Friday and Saturday nights to let country people tell out live stock. I gave Mr Murphy the key of the store. I said I would come down at 9 o’clock, and my clcrn. said he would and I need not trouble myself, I did not come up. I first saw the goods in the store • on Sunday at dinner time, and saw Murphy and Wykes there at the same time ; also my storeman. I said I thought it was rather hard Sunday working, or words to that effect. I think they were taking a list of the goods, such as oats, barley, beans, peas, and groceries. These wore the goods that had

come into my place after I had closed on Saturday. Neither of them made any observations, only Murphy said they should be advertised and sold on Tuesday. He said two days advertising was enough, with which I agreed. Subsequently I got instructions from Mr Murphy to sell the goods. (Here the witness handed in a written authority from Murphy to sell, also a list of the goods). In pursuance of that authority I advertised and commenced selling on Tuesday. Murphy was present during the sale, and he bid for some of the things. Every thing was sold, and the proceeds were £47 17s gross, nett amount (estimated) £4l 10s. I should say there would be about four common dray loads. Three large drays might carry them. —By Mr Izard : I think the goods sold pretty well.—Enoch Henry Banks, of the firm of Banks and McDougall, grain merchants, Christchurch, said : My firm supplied G. Hamill [Mr Izard, for prisoner’s sake, asked if the question was a proper one] with goods recently.—The Court admitted the question.—Cross-examined by Mr Izard : I wish it to be understood that I object to all these questions.—Witness : The total amount of goods we supplied amounted to £2B 15s. I received a small amount from Mr Hamill in Lyttelton on Monday last. It was £ll 10s, which I handed over to the bailiff. The £2B 15s is still due, and I hare obtained judgment against Hamill for the amount. I obtained it on Tuesday, 9th inst. I saw a porlion of the goods on the 6th, after I had supplied them to Hamill. I saw them in Hamid's shop, and afterwards on Monday morning in Clifford’s auction room. They were with a quantity of other goods. I earned George Hamill to be arrested on Monday, Bth, under warrant from the Magistrate’s Court, Lyttelton. I was present when he was arrested in the bailiff’s office in Lyttelton. The steamer Wakalipu was at the wharf, and I had previously seen him going towards the vessel.—Mr Izard : I have no questions to ask.—The clerk to the Bench, called by Mr Joynt, produced the record of a judgment given in the Court on the 9bh instant against George Hamill, for Messrs Banks and McDongall, £2B 15s; also a warrant issued at the Magistrate’s Court, Lyttelton, for the arrest of George Hamill. That George Hamill was the same who was a witness in the case before the Court.—J. L. Fleming, timber merchant, Christchurch, said: George Hamill is indebted to me in the sum of £8 6s for one weighing machine, scales, and weights, supplied by me on the 27th September last. None of the money has been paid. I saw the weighing machine on the 9th instant in Clifford’s saleroom.—W. G. Clark, member of the firm of Clark and Son, general storekeepers, Tuam street, said that George Hamill owed his firm £l6 14s 3d for groceries sold for cash, which had not been. Had never seen any of the goods after supplying them to Hamill.—Mr Joynt: That’s the case, sir, for the prosecution. —Mr Izard ; I don’t call any witnesses just now, sir.— After the usual caution had been administered to the prisoners, Mr Izard remai’ked that only two persons were charged with conspiracy, whereas it was perfectly clear from the evidence that if there was any conspiracy at all Hamill had more to do with it than Murphy and Wykes. He therefore asked that the case might be dismissed on that ground.—The Court: That was a technical point which could be better argued in a higher Court. — Mr Izard thought it very hard that his clients should be sent for trial on such an information, particularly when the evidence showed that Mr and Mrs Hamill had been the prime movers and principal offenders in the matter. Wykes had been a mere servant, Jtoo. Again the evidence at most only showed that Murphy had bought goods from a person who had purchased them from others before ho (Murphy) had had anything to do with him. The Court thought these were points which would be better reserved for a higher Court, and as there was a prim/ 1 facie case against the prisoners they would be sent for trial.— Mr Izard then urged that his Worship should direct a prosecution to be entered against Hamill and his wife, as they had come in for the lion’s share of the spoil, and Murphy and Wykes had made at most only £7 as shown by the evidence,—The prisoners were then committed for trial at next sitting of the Supreme Court in Christchurch, bail being allowed in sureties of £2OO for each prisoner, and £4OO personal security.