RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume VIII, Issue 568, 7 September 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

Saturday, Sept. 4. ■, ;\ (Before W. H. Revell^sq., &M.)j. : ' MISDEMBANOCS UNDER THE Bankrupxcy Act.— r William Gledhill was charged on the information of Harry Kefiric^^nrtßerin-th^g^t^pl^illwm Gledhill, that he did, within two months before adjudication, with intent to defraud, remove or conceal certain property of the value of LlO or upward. Mr Perkins; appeared for the prosecution, and Mr Guinness for the defendant, Harfey' Keririck : I am Clerk o£ the , District Court and Trustee in the estate of Mr Gledhi}!. He. was adjudicated a bankrupt on 'the ■ 14tic May last! I produce the Gazette notice. The declaration of insolvency was filed' on the 23rd' April last. I took possession of the, bankrupt's estate on the 29th April, in a store situated on Richmond Quay, Greymouth, when he had been carrying on business, I took poiisessiqii of all the goods in the store, and I produce the auctioneer's salenote, which shpws all the goods I obtained possession of. There were six small packages of tobacco, not exceeding a few ounces each, in the place, and a chest of tea open, containing 321bs. I put a person in possession of the goods 'from the day that I seized until the sale. The. auctioneer's account-sale list I checked with the list given me by the bankrupt, and found that they tallied. I heard the bankrupt examined on the 4th June in the Court, at Greymouth. 1 took his depositions on that day. The depositions produced are the same ; and are a correct statement of what the bankrupt said on ; oath on that day. He signed them in ; my presence. He then . admitted : fhat about the -Bth April he obtained one 201 b. box of tobacco froni Mr Coates, a 251 b. box from Mr Harling, also a box from Mr Hunter, and that the accounts for the same • were correct. : He said , he did not know anything about the tobacco or; : what became of it, or. how muchof it he had Bold ; also that he entered all th.c transac? tions in his business- in the book produced. In it I can find no trace of the sale of any tobacco from the Ist to the 23rd April. I have not been able to dis- ■ cover what became, of the tobacco ; all that was. in the store wa£ sold for 4s at auction. * ....,=: v % Cross-examined :. The, bankrupt said he could not telLwhat became of the tobacco ; that he had sold" some, but could not say how muoh. - 'He' said he had a man in his employ named . Senior . fro m the 17th March ; -that > goods had. been taken away frtim the store -about Christmas, but he 'could not tell by whom. The bankrupt never refused me assistance; he always stated that he could not tell where the goods had gone' to. .He stated at his examination on the 4th June, that he had been drinking a good deal about the time of his insolvency. He appeared not to know much about .his affairs.; he s contradicted himself several times during his examination. A. R. ? Guirinfess ; I ams6licitor ; to/the bankrupt, and produce the order of adjudication in his estate, dated the 14th April. Richard Senior : I -was in the employ of the defendant from the 17th March to about the^ 15th; April. I recollect his insolvency. A few days before, P left some tobacco came. into, defendant's store frolTM^te! l^^ about 201bs. each. About 401bs. also came; from Mf .Coates abont the same time. The value of the tobacco was about 5s a pound. I don't know what became of it. , .What came from Mr' Coasejs was broken up and packed in a box. I "The rest was in boxes and some in paper. I know that the bdx I packed Coates' tobacco in was standing on the counter when I left; I cannot say if the other boxes were in the store. While I was there only one small cake was sold for sixpence. I used to:mark the sale of any goods on the slate for defendant to transfer to the book, if on credit. A large andva small chest of tea came in while I was there, . about • . a fortnight, before I left ; I think they came from Mr De Costa, for he.showed Gledhill the difference in its quality. A week. before I left I saw ;the defendant take the- small chest dut of the store on. his shoulder. It was about six or seven o'clock in the evening, and was dark. Two cases of brandy came in a few days before I left. They were not opened. I remember Mr Cook poming into the store one day between three and four o'clock. The : tobacco, tea, brandy, and three small bags of stigar were then, on the counter. ' I was sent a message by the defendant, and when I came back I missed the brandy. I asked the defendant about it; he said, , "it is all right." I cannot say whether it was sold or not, or where it went to. Cross-examined : I recollect meeting defendant at Mrs Morris's hotel one day. He asked for half a pint of beer. I said half-pint and all ought to be put down his mouth. This was about six weeks ago. I swear I did not say anything to him about money. He said he had no money when He asked for the beer. I did not say to him "I am spending your money," but I said "I have got some of my money out of the Court." He struck ma then. I swear. I did not remove any goods out of his store, except what I was sent out with to deliver in town. I was always sober while in defendant^ employ. I swear I do not know what became of the ; tobacco. . I -was- not always in the store ; I was out part of the day hawking goods. Wm: James Coates : lam a storekeeper in Greymouth, and know the defendant. 1 had a few small transactions with him. On or about the Bth April he got from me the goods mentioned in '■ my laccount, including tobacco of the value of LlO 2s, and two half-chests of tea of the value of LlO 10s. I obtained, judgment against him for the amount. ; ' This closed the case.- -: The defendant said i- the goods were in • the store, but were taken out, ; ' Mr Guinness argued that no satisfactory proof had been given that the defendant had committed any act which would bring him withinthe meaning of the JLct! The .Magistrate said there -was clear proof of the gbbds Having come into the possession o£ the bankrupt, ; and> of some of iHem.hayingbeen removed by himself, of which he could give no satisfactory account. He would be committed to the Supreme Court for trial. • Bail would be accepted, the defendant in LIOQ, and two sureties of L6O each. •'■•••