MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1538, 22 January 1879, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, Januaey 22. [Before 0. Whitefoord, Esq., R.M.I Obscene Language. Frank Kearney, charged with making use of obscene and profane language in a public place, was discharged, as he had already been locked up twenty-four hours. Tjiansfke of License. —An application for the transfer of the license of the Junction Hotel from Mrs E. King to Alfred Stoning was deferred for enquiries lo be made., Threatening Language. —Elizabeth Hansen applied that her husband, Charles Hansen, might be bound over to keep the peace. Being sworn, she stated that on Saturday, January 18th, her husband threatened to take her life and tried to throttle her, and she believed if she lived with him much longer he would take her life. The complainant’s sister gave evidence of a quarrel between the husband and wife, in which the former said he would male an “ end of the law with her.’" This the witness interpreted to mean killing her. The defendant, who was a Swede, denied ever striking his wife. His Worship ordered him to be bound over to keep the peace for twelve months, in his own recognizances for £25. Maintenance. —Charles Flock was summoned for neglecting to supply his wife with adsquate means of support. The defendant was not present. A witness stated that the bailiffs were in the house and that the defendant had deserted his wife. His Worship ordered that a warrant should be made opt for his apprehension. Fraudulent Bankruptcy.— James Bassingthwaite, remanded from the 14th instant, was charged with concealing property to the value of £lO or more. Mr T. I. Joynt, instructed. by Messrs Williams and Deacon, prosecuted on behalf of the Trustee in Bankruptcy, and Mr Gresson appeared for the accused. Mr Joynt said the informations were laid under the 4th section of the Fraudulent Debtors Act, 1878, sections 1,2, 4, G, and 12. He produced the “ Gazette” notice of the appointment of Thomas Hindmarsh Kerr, as trustee in the estate, in the “ Lyttelton Times,” 1879. Mr F. de c. Malet, sworn, produced the papers in the bankruptcy of the defendant, and the declaration of insolvency, dated September 23rd, 1878, and filed the same day. Also, produced a statement of the assets and liabilities of the accused, dated January 3rd, 1879. Produced also the minute book of the creditors, showing the appointment of the trustee and Mr Thos. Hindmarsh Kerr’s acceptance of the office on the 3rd January, 1879. Sir John Inglis was the chairman of the meeting. Mr John Inglis, being sworn, said—i am an approved creditor in the estate of defendant. I attended a meeting of his creditors at the Supreme Court on January 3rd. I presided us chairman. The defendant was at the meeting. Certain quest ions usked of the defendant, and answered by him, were reduced to writing by me, and signed y the

defendant. The signature on the paper produced is that of the defendant. [Paper pu in and read.] The questions referred to a sum of money and other property whic a been in the possession of the defendant, 0 ■went to Dunedin also to the sale and dispositions of portions of his proper ,y. Examination resumed— These statements were not made on oath, Thomas Hmdmarsh Kerr, being sworn, said—l am the trustee appointed in the matter of the bankruptcy of the defendant. I have seen the statement of assets and liabilities filed by the bankrupt. The defendant, since his bankruptcy, has not, *ince he filed, given me any other information beyond that contained in the statement, i have had no conversations with him. ,lhe properly of the defendant that has been given to me is the household property scheduled. All the moveable property has been sold, and it realised about £340 exclusive of the land, which is worth about £2O a section. There are two sections. The money that will probably be realised by the land will be insufll,ient to pay the debts in full. Other property of the bankrupt has reached my hands apparently belonging to him. I received from Inspector Hickson £Bl2 odd, a silver watch, a gold chain and another watchchain, leather, with a coin attached, also a pocket-book containing two small gems, apparently from a ring. I still hold these —they are in the Bank. I have heard no statement from the defendant except the one he made at the meeting of creditors. The lame day defendant made the statement that was taken down by Mr Inglis. He said he had £2400 in his possession, in his pocket-book, at the Dunedin races. He said he had been at the races during the day, and the theatre at night, and when he got up next morning ho found that he had lost the money. He said he had had a pile of five or six £SO notes, which he had got from the bank. Some of it was the proceeds of cattle that had been sold by Messrs Ford and Messrs Matson and Co. Mrs Bassingthwaite had the care of the money before he took it to Dunedin. Ido not remember whether ho said that £2400 represented all the money ho had. [Mr Joynt here put in the “ Gazette” notice of the bankruptcy of the defendant, dated 24th December.] Mr Inglis, being recalled, said the defendant made a statement about the £2400 the same day that he made the statement taken in writing. There also had been another meeting at Mr Craig’s office prior to the one in the Supremo Court. He said generally he had gone down to Dunedin to buy horses, and had taken £2400 in notes with him. The notes wero of various values. He said that some Saturday in November he had the money in a pocket in his coat. That ho went to the races, and in the evening to the theatre, and missed the Socket book, with its contents the next (Sunay) morning. He said tho money was from the proceeds of the sale of cattle (witness’s) and money from Mr Gresson. Ho said the cattle had been sold by Ford and Co. and Matson and Co. The cattle that had been mine were sold to defendant by my foreman, I got £2OO in cash and a bill for the balance, which remains unpaid. The cattle were sold about the beginning of September. The cattle were delivered. Mr Charles Newton being sworn said—l am a member of the firm of J. T. Ford and Co., auctioneers. On October 80th, 1878, we sold fifty-seven head of stock, netting £298 2s Bd, on account of the defendant. We sold forty head young cattle on Sept.2sth,netting£l73lls. Thereweretwelve of the cattle left, and we had to take them. They were rough cattle, and some bore the anvil brand. The anvil brand belongs to Carter Bros. I paid the defendant with a cheque on both occasions. I found afterwards the cheques had been cashed in the usual way, and debited to our account. John Benarrel, being sworn, said —I live at Kaiapoi. On October 11th, 1878, I sold twenty head of cattle at £6 10s, and twenty at £6 2s Gd, to the defendant. On October 17th I sold him fourteen head at £5 7s 6d. I gave delivery of the whole fifty-four on October 17th, I was paid by a bill due January 20th, but received no cash. The bill was returned unpaid. All tho cattle had my own brand, and some bore the anvil brand. My brand is JB conjoined. I have seen some of tho same cattle at the Pnpanui pound, about six of them. All had ray own brand, and some the anvil. Detective Benjamin, being sworn, said—On Monday, January 13th, I went to tho house occupied by tho defendant and Catherine Welch, with Constable Watson, of Rangiora. The defendant was absent, but Mrs Bassingthwaito was there. I had a search warrant from tho Supreme Court, Christchurch. I read the warrant to Mrs Bassingthwaite, and told her the female searcher would search her. She asked to read tho warrant, and did so, and then went into the bedroom with the female searcher. The searcher first handed out a woman’s dress where I and constable Watson were, in the pocket of which was a’ pocketbook containing one £lO note, two £5 notes, and five £1 notes, and 3s lid in silver. The next article handed out was a quilted petticoat, I saw a patch sown on inside the skirt, about half way to the waist. I pulled it off, and found twenty £2O notes folded up in canvas. The next thing was a bag about a foot square, with two long tape strings. That bag contained a lesser bag without strings. The lesser bag contained a chamois leather bag with twenty-two sovereigns in it. In the smaller bag were five £lO notes, two £5 notes, and three £1 notes. Mrs Bassingthwaito signed the list produced of the money found in her clothes as correct. I went into the bedroom with Mrs Bassingthwaite, Constable Watson, and the searcher. I was searching a clothes-box in the bedroom, and had about half searched, when, from what Mrs Bassingthwaite said, I let her put her hand half in the box. She took a bag out which I took possession of, and found it contained 300 sovereigns, I had first counted them as 299, but from something Mrs Baseingthwaite said I recounted them and found the number to be 300. The defendant came home about a quarter past six. I showed him the warrant and searched him. I found on him £2 9s, of which I took possession, also a gold chain and silver watch. I also took a leather guard with a gold coin attached. I arrested the defendant outside the Court at Rangiora about three o’clock the next day under the warrant produced, I handed over the money and other property to Inspector Hickson. Inspector Hickson, being sworn, eaid. —I received some money and property from Detective Benjamin (the same as previously described), £Bl2 12s lid altogether; also a silver watch and gold chain and leather guard with gold chain attached. X handed over the property to Mr Herr the trustee in the prisoner’s estate. Catherine Walsh, being sworn, said : _J am the wife of Patrick Walsh, aeonstable stationed at Christchurch. lam a professional searcher. On Monday, the 13th, I went to Rangiora with Detective Benjamin to the house of Mr Bassingthwaite. Mrs Bassingthwaite was at home, but Mr Baspingthwaite was out. Detective Benjamin vea!d the warrant to Mrs Bassingthwaite, but shfi wanted to read it herself, and did so, and I afterwards went in to the bedroom and searched her. I took off her dress and passed it out to Detective Benjamin; next her quilted petticoat. I found a canvas bag tied round her waist; there was a smaller bag inside it, and I passed them out to Detective Beniamin. I saw him count tho money that was found on her person in the bag. I saw a box in the bedroom searched, and a bag was taken out by Mrs Bassingthwaite which contained 300 sovereigns. She handed it to Detective Beniamin. I saw the money that was found. This was the case for the prosecution, and Mr Gresson declined to call any witnhsses lor the defence. Mr Joynt said ho was instructed by tho Trustee in Bankruptcy to undertake the prosecution in tho Supreme Court The prisoner was then committed to take his trial at the next silting of the Supreme Court, the same bail as before being allowed.

LYI TiSLTON. Wednesday, January 22. [Before W. Donald and T. H. Potts. Bsqs., L J.P.’s.] Civrn Cases.—John Pmrco v John Gunn, claim Os Jd ; defendant refused payment on the ground that plaintiff was drunk and un able to do his work as steward of the q Corrinne during the time Jor w uci claimed wages; judgment for defenra 5b costs. E. P. Knowsley y &. EeCoata, claim £9 2a j judgment for plaintiff.