DISTRICT COURT, GREYMOUTH.

Grey River Argus, Volume XII, Issue 1260, 13 August 1872, Page 2

DISTRICT COURT, GREYMOUTH.

Monday, August 12. (Before his Honor Judge Harvey.) STEALING MONEY.

Ann Smith was charged with stealing two L5-notes and three Ll-notes from Joseph Drake, sawyer, in the house occupied by Margaret Williams, Gresson street, Greymouth, on the night of Saturday, the 35th June last. Mr South appeared to prosecute on behalf of theJCrown, but the prisoner was undefended. This case has previously been before the Magistrate's Court here, on which occasion the details were fully reported. The simple facts are that Brake came to town with Ll3. He met the prisoner, who took him to the house of a person called Maggie Williams. After they had retired prisoner cautioned Drake to be , careful of his money, as Williams was not to be trusted. Williams overheard this, came into the room, and attempted to pull prisoner out of the bed, when Drake interfered, and pushed Williams out of the room. Prisoner dressed and left the house, and Drake did the same, but when he got on his coat he found that his money wa3 gone. He attempted to follow the prisoner, but as it was a dark wet night he could not see her, and he returned and remained in the same house all night. Mrs M'Owen, who resides near Arney street bridge, stated that on the night of 15th J une, 1 about midnight, the prisoner came to her i door and.. asked for shelter, which wa3 given her.' She went out saying she would be back in a few minutes. In about fifteen minutes she came back with a bottle of brandy, saying " that was L 5 worth." Witness asked what she meant, when prisoner said she had given Mrs Polling, at the' Retreat Hotel, a L5-note for the brandy, and that it was too late to get the change that night. Prisoner, at the same time, showed her another L5-note, and said she got them from a young man on the steamer to whom she was engaged to be married. On Sunday the prisoner sent witness's little girl to Polling's Hotel with a L5-note for a dinner and a bottle of brandy. The child brought back the dinner, the brandy, and the change. In cross-examination, the witness said that prisoner had frequently told her she was in the, habit of receiving money from a person named Tom, on board a steamer. — Thomas Brown, a seaman, said he saw the prisoner on the 15 th June, and gave her 10s. He had previously been living with her, but had left her that day, — Mrs Pellins; proved receiving a L5-note on the Saturday night from the prisoner for the bottle of brandy, and a little girl calling on Sunday with another L5-note for a dinner and a bottle of brandy. She gave one of the Lo-notea to the police on the Monday.— Constable M'Kenna proved the arrest of the prisoner on Monday, the 17th June, and finding upon herLß 5s 6d.— The prisoner now said that the person who gave her the money was at the reefs. She was perfectly innocent of the charge, as she never saw Drake's money, and did not know that he had any. — The Judgehaving addressed the jury, they retired, and after about half-an-hour's deliberation, brought in a verdict of "Guilty." — The Judge said he coincided in the verdict of the jury ; it was the only one they could have given on the evidence. The sentence would not be a severe one, but it would be sufficient to show the prisoner the enormity of her offence, and to induce her in future to alter her ways of life. The sentence would be six months' imprisonment with hard labor in Hokitika gaol. i -

In re the Moonlight Quartz Mining Company. — Mr Guinness appeared for the Official Liquidator in this company, and moved the Court for an order—" That ill the persons named in the schedule filed in the District Court on the 24th of July, 1872, pay the amounts therein stated, and the costs of and incidental to the motion;." The first call in liquidation was made on the 27th October, 1871, of 30s per shar>, but this was found to bo insufficient to meet subsequent claims, and this was au application for a further call of 20s per share, to meet claims made by Mr Wilson and Mr Cowlishaw, of Christchurch. Mr Newton appeared for Mr Woods to object tohiat name being placed on the list of contributories to this call. Mr Guinness objected to Mr Newton appearing without a written authority. The Judge said, if the objection was pressed, he would adjourn the case until his return from Westport. The objection was not pressed. A discussion took place as to the statement of accounts put before the Court. Mr Guinness offered to put Mr Scott, the Official 1 Liquidator, in the witness-box to make explanations regarding the insufficiency of the previous call, and the expenses which had been incurred regarding it. The Judge said he would require a full and proper statement to be filed of the amount of the last call, and the manner in which it had proved insufficient to meet all demands. The contributories had a right to know who were the delinquents on the last list by whose default the present claim was thrust upon them, because some of them might' be able to give information to the liquidator to enable him to bring in some of the money. He would certainly make the order for the furnishing of fuller accounts, but in the meantime the evidence of Mr Scott could be taken, so as to prevent further expense. The following evidence was then taken :— Alexander Scott, official agent for Westland, said.:.' l have made a call of LI 10s per share on these shares. At that time L 2 10s was all the shareholders were liable for. I obtained an order for the first call from Judge Ward against all the parties named in the schedule except Garnet and Cowlishaw and R. J. Laughliu. The amount of that call amounted to L 247 10s. Of that I have received Lll4 18s. Subsequent to the order Wilson and Cowlishaw have proved for L 66 18s, but as they how owe a small debt to the Company, the nett amount due them is L 63 9s 7d. Since the last order the; Nelson Government has withdrawn their claim. I have declared ', a dividend, payable on the 19th, and have paid preferential claims amounting to L 43 10s Bd, leaving a balance in hand of L7l7s4d. . •

•Cross-examined by Mr Newton : I have received, through my solicitors, since this order was filed an additional amount from Mr Caples of LB4, aud the Nelson Government haviug foregone its claims, leaves only L4B 2s of the former call uncollected. Of the contributaries in the first schedule the following were not paid : — 'ohn Rouse, L 6; H H. Kriowles, L 9 ; Ag.'ics Graham, L 3; "\I. A. CowliBhaw, L 3 ; E. S. Elisden, LI 10s ; James Wylde, Ll2; M. C. CowlishawV L 36;

Most of theae parties were summoned, and the -warrants returned either nulla horn, or bankr.uptcy.4-An order was male for additional accounts to be .filed, ■! and the caße wa3 adjourned until the next sitting of the Court. Re James Bergin.— Application for final order of discharge. This case had b:en twic9 adjourned for the attendance of 'the. bankrupts wife, but she had not yet appeared. Case adjourned until 30th August. .-.-/'■-- Re Michael Philips. — An application to change the deed from assignment to arrangement with creditors. There was no opposition, and the application was granted. " Re Frederick J. Elmer.-— -An application for a final order of discharge. Mr Guinness appeared to oppose for Messrs Skoglund and Purcell. Evidence of the bankrupt, and Mr Purcell and Mr Jones having been heard, Mr Guinness asked that an equitable order should be made for the ; payment by the. bankrupt of a portion of his debts out of his salary, as he was in a Government situation. Mr I Newlon replied that the bankrupt's salary was not sufficient to meet .; the requirej men Is of his family and pay a portion of it to his old creditors. The Judge suspended proceedings until the 30th August, in order to enable the bankrupt to endeavor to make some arrangement with his- creditors, so that they might withdraw their opposition.- . If on that date the opposition was withdrawn, the : certificate would be granted.

Re John Cronus— Mr Guinness applied for a final order of discharge in this case. There was no opposition, but 7 the" Judge severely questioned the bankrupt as to the large amount of debts he had contracted while engaged as a baker. The answers appeared to be very unsatisfactory to the Court; but the certificate was granted.

The Court was adjourned until this morning at ten o'clock.