DISTRICT COURT.

Mount Ida Chronicle, Volume VI, Issue 321, 23 April 1875, Page 3

DISTRICT COURT.

Apbil 17-. (Before his Honor Judge Harvey.)

IN BANKEUPTCT. - John Griffiths, through his solicitor, Mr. G. F. Howlatt, applied for his discharge. -,v .Mr. Leary, as trustee, appeared on behalf of the creditors to oppole the application. John Griffiths, being sworn, was examined by Mr. Leary : He said he cornmenced business at Welshman's Gully ra- .. ther better than six years ago—six or seven years on the Ist April last. Had no money then, but a snare in a race at Welshman's Gully. Had had a loan of 3236 from Frederick Morgan before commencing business. The share in the race : was the Enterprise, now called Brown and party's. A claim of one acre was attached to the race i;ho whole known as Brown's claim. There were six. in the claim, including witness. He had continued working the share after commenc- ..-. ing business. The store was shut when he was working befotd his marriage, but not after. He was married three years .last Christmas. His missus looked after ■; the store. Had no idea during, the last ■:. three years what kind of business he was doing. ■ He kept no account. Mrs. Grif- ..;.■ fiths did not keep any account. Mr. Leary :' You had better explain to ••' "his HoDor what you mean by keeping no, account? I put down what was got in a ! book. I have no idea what the average sales were per week. ... . . Hii Honor: '.Was it £1000? No.— ; Was.it £6OO ? No.—Was it £3OO ? No.; ,- ■— Nor £SO? No.—Ah ! we're coming to s,'.'.,'it now. Was it £25 ? It might be about ..• £?5, but I don't know.—You say jou .kept a book? I kept books, in which t v' /goods sold pn credit were entered.—Where 1 are these books? I don't know. They % have got away from the place. Have not' AJ seen them for over two months.—Have ,_ you looked for them ? Yes.—Has your '',; wife looked for them ? Yes. How long before you filed did you see' .?: them last? ; Have not seen them since I" ;,, came to the Hogburn. The missus, told vme when I got back from the doctor the books were lost. It might have been two, three, or four days before the schedule was filed. I remember Mr. Baxter .and Mr. M'Oonnochie going up before I ",! filed; Do not remember hearing my wife j' filing Baxter the books were in theHbgr eP |>urn.,. ( ( Asked my wife in Baxter's presence where the books were.—What ma r de you ask your wife where the books were when she had previously told you they were lost,?. Itetnember Mr. Leary ask•,;ing me where the books were, but not his ;;:"tpHihghim they were at the Gull v. Have idea, where the books are.—Are they J .;?^.? n ? or y° u . suspect.any one of takVi.Dft them? Suppose wheu anything'is '"taken out"of the house it is stolen. Have lost two files of accounts since.—Are you 4 .not aware, these two files of accounts are In iny possession? The room the books w.ere. in was locked. I suspect nothing, •fen'd'khow nothing at all abont it. /■• j'llis 1 Honor: And that's what you ex- , ' --peat the\Co'urt to believe, is it ? ' • You have sworn that before filing your wife had told you the books were lost.' He did not understand nothing about it; ;->». was why he did not enter it in his assets.: „ c His Honor : Why did you not put that .-. .share in the claim in your schedule ? He ... .'. gave his solicitor all that he remembered. . He did remember the claim, but did not remember to give it to Mr. Uowlatt. He . was well aware he had the interest, but forgot. He didn't think to tell Mr. Rowlattof his debt to Sweeney. When in health he was working in the claim. He did not know that there was a man in the claim working for the trustee. He had heard so. Did not know whether he <witness) • was working in the claim after the trustee was appointed, or whether on the day Mr. Leary came to the Gully he .was working or not. Had no idea of the general earnings of the claim. Kept no account.—ls it a fact that during twelve iaonths work over £ISOO worth of gold "was got by six men p Don't know. .He was entitled to a sixth of the gold, less the lost time. Was a om! scholar. Had'no. idea what it cost hinmo live.—Do you eix pect his Honor to beWeve that P 4 ..His Honor : I must say I don't belieVe' a word he has said since he has been here. ■''■"' ; '

. Examination continued: I really have no idea. Did not know where .Robert, Brown got his stores from.—l give you - an. opportunity to withdraw that statement., Don't let me have to charge you with perjury. Do you wish to withdraw it.&r-No; I am telling the truth as I,.know.it. Xuew Dakers. He was putting, up a house for Brown—about 600 yards from my house. There is only one other store in the place besides. Did not think Brown knew all ~*~' about, his business. Had often asked Brown, for advice.—How was it Brown, being a personal friend of yours, did not give you a preference P That's what I can't account for. Believed Brown owed him £2O, borrowed from the missus to pay Dakers. Brown did not repay it.-, His Honor: Then why is it not in 'the * schedule P It was. the little child's moneys - Examination continued : Could not say whetherit Was on the books or not. Mrs. Griffiths made the entries. Dakers, who was boarding with me, owed perhaps £2O or £25. Don't know how it was squared; 'Don't know nothing about it. Were you not aware afterwards that Dakers had squared the account.through Brown ? Yes; afterwards.—l understand, that ,Dakers was indebted to'you "£2s;' Brown owned Dakers £25 for putting up his house. Brown arranged to have his account charged with Daker's liability! , Is that correct ? He knew nothing about it. Knew Thomas Hughes, of the Twomile. " Sold a horse and cart to, him about a month before filing. Will .syipjjr. it.was. not maro than a week. Did nWre'mem-' her the date. £4B 10s. was the price. Banked the money. Did not remember, but thought he kepfc.it untilmore. Had;a. bank pass-book (produced"* by the trustne). AH money taken except that needed for small bills went into the bank, acc.qunjt. ;,[lt, appeared.'.from the' book that the money, was included in the payment from washing-up.] Have kept no account' of-mohey-received since February. Have gWy horse to Thomas Dayjs for £B. It might have\been about a week'before he filed. Gave the money <to the missus. Did not know whether Mcs. .Griffiths kepfc any money of heroVn. Did not know how much money he had received since the last wash-ing-up in December. Mr. Baxter offered to takelOs. in- the £l. Bemembered • being, in negotiation to buy the estate at £6oo,not £700? of 10s. in the £l. Wont * to a man named Robert Carr to borrow

£2OO to meet the first cash payment required to "meet Mr.'Leary's terms. Carr • agreed to lend it me in three days, when the money would be free. There was no agreement between us, or mention of security. When Carr advanced the money he daresay he would have got security. Did hoi remember the datte but cashed a cheque fn January last at the Bank of New South Wales, St.Bathans, for £287. Could not say whether this was two days before filing or n©t. It was in the evening he got tho money.—Where did you sleep that night ? I don't know.—-Was it at Hill's Creek? No; I Went home.— Then it was at home you slept that night ? Yes.Did not remember where he Went next day. He /came to, the .Hogburn to sed the doctor at" the Tiospital; Did you not then have a communication with your solicitor about filing ? . __ ~~. .... ■ His Honor kaid the 'bank-book shewed; the money to have been drawn on the'' 25th January. ! Examination continued: Had the money in hi* pocket- 'when'-he started, but los> £lsoion'.,theTt6iwl'.to.tliiKHbgburn. On the 11th March remembered Mr. Leary going infco-the store with Constable Morton.

• ••< llja Honor,: Did, jyd&hot tell l<iss to anybody prior to now ? No. Examination' coritihiied'-: "Biseoveredj it at Packmans. : not P thmk worth while to mention it". !Money"was in notes, some tens some fires.;. ; ; Don't know whether any twenties., rxlt was altogether in One biindle, tied'up in a"' pocket" handkerchief.,, : f : T -■: «:'.,'""''- ■(■:'■* V..i \

His Honor: It;,was altogether in one bundle, tied up in a pocket handkerchief; how is it yduilidnot lose it/pocfcet'handkerchief and all P; I.did"lose it all. -*•■ !

.Examination continued: I only put $l5O in the handkerchief. -'■'■ ip v ; : ,

His Honor : Mind, you're standing on ticklish ground-, I can : tellyoa|!"f r v'i- '< Examination, continued : ; -Ifc ; .was ; .i]Q,jt(WO bundles, £l5O ini the handkerchief in the side' pofcte'fc <sf nly^bat. 1 ' l ; see tlie u want of it when! 'caffle t6 JTr/PackmSiiV'Stables a^ [; Naseby., . ;I:;dr:ew; ; it -out jo£::the bank because j Wanted some.money at-thie time.; : '■'' "''■■'•'"'■■.•'• •■ ■'"■ "'••■' ' ■'"'•; .

: and be quick about your answe'ry? or'*ril commit you for twenty-four hours 3 I thought 1 mightnrequireKti"' f: : V-' 7 "'* ..Examination sr.ere ( some bills coming due at the,Bankjshoftly, after • that.—Was noWh'at the*' reason" jrpu ■, drew the money out? No answer." ' !, " : " {

Mr... Leary .:,. jP^erhjap.Sr you will'ask this question"; 1 1* can . geY*no answer,- A s:.'U.nO'.-?-~E".T.M .!

His Honor: You say you had bills doming due, did you take the money out to thinkihg* : to "pay ' jteenan "and Mr. Baxter the;.radHgyi i-. TiViIYA w.zrtZ. \

Examination continued -. I got a; sharp letter"from Messrs, .SargoocC out .jras not ;ppessed'bfefore'-I^nled':- l (5-dbas came frdm Sargood just as'iLfilfediO < ,A. ' ; His Honor: You are quite clear yotf did not draw the money to avoid the bills; Yes.—Did you not go back to look for the' £lsoypu lostP ,-I;wentback abouta mile.* Examination continued:'' Was ticular to a yard-or two. - Galled at Stew-i art's. There was a'young woman there.; Asked nobody. Fancied he felt it in his j pocket just near the slaughter-yard. Did ; not like to tell the trustee he had lost the money. Did not consult Kobert Brown as to what he should do about this bankruptcy. Did'nt remember Brown saying: he would pull him through all right. Had' had conversations with Brown about his ! affairs, but did not know.whether he was in his confidence. " -%.. His Honor: did • you gut the £137? You drew out £287, and!-lost £lso—where is.the .balance,? .It's gone in expenses. He came'pver Jo l Naseby to see the doctor. ■'•■ Could not" Say 1 hbw much it cost him. Paid £2 or £2 10s. on the 26th. -----

His Honor: I want to know what you did-witlut/and if you don't answer/I'shall commit you for .contempt. -. He.paid-Mr. Rowlatt £25, '. Mr. Newmarch £10" 10s., and afterwards £5 ss; triore: '"He also paid. Mr. Rowlatt £l2. Her into the claim, about £B, for a man named Ellis Williams to work. It cost him about £6O to come into Naseby. Examination continued: He could not come in for .less than. £l2. a, .time. Then there was : the hospital:"' Was',only an.. , outside -patient. ■■< Ha'd s paid £2O tor Mrs; 1 Hughes—£lo for the midwife, and £3 or : £4 for the servant girl. There were other expenses connected, with his wife's confinement—one thing and another. Mrs. Griffiths did not pay Mrs. ; JZughes.when she went away, nor did he himself pay her. Took back money from . Uasebyr—the balance of the £137. -Had been' seven times to Naseby since filing; Came in to see the doctor, and one thing and another. The Judge : Where did you put x the £137 going to Naseby? It was in* my trousers. The reason I divided it was-the notes frefe'uncomfortable in my pocket, i Mr. Leary :,l"hirtqenpr ; ,fourteen £2O notes would feel Very comfortable in my pocket. •„.-.,.. The Judge: That was "the reason you divided the money P t Yes; ha,had di-, vide'd'ifcat home'be'fbre'h'e Sta^telil—You counted out the money at home before you started? Yes. -Why'did you put £l5O exactly in one.pocket ? I thought it was about the half of th r e bulk. ' J! f

Mr. Leary : You owe abont £I4OO, and enter as assets £640; tidV do you account for the lossesj explain that to-the ,Court 1. There was opposition, meat;, was - 8d; and 10d.' When'he opened he sold at 6d. Pearce and 'Washer then sold al 4d. and 3d., even cut it as fine as 2d. Could not say what rcy'weekly^purchases 'came The Judges At that irate,it srouTld €ake three years, if .you, ca^e,your; meat all away.—There r was'!bad afbts".' ; V '-? Mr. Leary: Name" some :^ . TKey are included in my assets.,'' : *\ y, '.■•-!,•<■ oh ; Mr. Leary 5 Will; ittien,> they are credited to you.—Have been 7 paying interest to Sweeney. Owe "Sweeney L2O (one year's interest) ySu only borrowed X2OO at per cent, you can't owe •Sweeney moire than? L4(j. How did you propose to pay, the,LgOO you offered to the trustee*? If I could get L2OO to meet the first cash payment'l thought I could pay the res*.- pay the interesfas" long as I could. j The. Judges-Were- you going to get anything out of*tbe;book debts P You know perfectly well "the meaning bf the question! Without the books you would not have been able to -prove a single item.—Mt". .Newmarch. took the list, out; • 06the ledger.—Whattlme'was-thatPlThe time that I was with my .solicitor after X signed my declaration, but\before i£ was' filed;'—l thought you told the Court when you got back from seeing your solicitor your wife told you all the bubks were lost, —-how do you account- for that P. ■ Now' :

you say that between the time Mr. Newi: march toot off the books the list. Examination continued: The account produced marked settled on the 19th January 1876 is for L9B 33. 3d. due by Caleb Dongee. Dongee had ft coal . bill against him for L 72 3s. 3d., settled on the same day. Dongee paid no balance, ;but the balance still due : of abotit L3O was marked by witness on the bottom.—Here is the bill, it appears to be torn. The balance was entered underneath. —That's what I want to show, that some parities are ; already taking advantage of : .the loss of the books! Altogether Dongee' owes me L3O, less milk and coal supplied since. Have had no conversation with parties since filing." There is "no account in my books against [Robert • Brown;-' Was ndt ; dealing with me. Men on the Gully of teii went to St;3athans. : The Mees used; tp,[ buy from me,; also Aitkenhead. "(3wen Jones ! 'used J 'to,' c blitinot B|oyrn, except! at. odd times. c ~-* *"' —• •» '• '

, ~J.'j William": Williams, h&ing sworn, posed ;; : .Was na ,at r.-Wtflshmah's: G&lly," and' Secretary for the claim known as Brown' and;- Go *s. Produced the Company's books., The following were ihei amttunts taken out of the-claim, being values of gold at 24,- i 873, L 558105. '9d.; May 9, 1874, L 493 75.; September"" 12, 1874, L486J75., ,These -values represented; *a twelvemonths "Payments to Griffiths were, less deductions for lost time 24, L 76 19s. 3d.; May 9, L7O Bs. lid.; September 12, L6B 9s. lid. Tn December.last he also received L 25 Os. 6d.' The last,washing-up \was an exceptionally "bad'orie.' ''Witness supposed because they wereiworking poor ground/ About Sep--tember last a sixth share in.the claim was sold for L375,--which was about the value; now. "

Annie; Griffiths, ■■ wife of the bankrupt, being sworn, deposed: She remembered Mr. Baxter and,Mr. ; ;JMfConnochie comingup and askiiig for the b ; ooks! She giiye them.dheshe could; the : '6thers'' Asked'her husband did'nt he fetch them back ? Gave the daybook. .-',' Bid/not 'know where the others were. Eemembered Griffiths coming down from the Hogburn. Mr. Newmarch made out a list from the ledger. He left the ledger there (at Griffiths). She saw the ledger ithere after he left. Could not l say.where.it now was. - Shekept /the books. Mad<T L entries*, against Kob'ert Brown for goods, groceries, drinks, &c. He was not a regular customer of theirs; He owes L2O. For all she knew it was for goods and things., Sh3:le.ns.*him L2O. once. ; Very'dfteii tent him ,LLorL2. \-< -..iU ;=v-.■••; '■« v'- 1 * Lnb i-

rt ;_.;The Judge:. Then he owes youE46!< r '' ft '- ' Examination continued: Bakers'owed-Her L.L22..._Sbe.lent Brown L2O of therchild'smol : joeyi .and he had cash which he paidlifor ' Dakefi. " Had Ll4 left belonging to herself after she got the children up...,- Was a widow when married to Griffiths.'" Money'had been increased .since by gifts from. miners and others' —KepVmohey^ihV'drawer J" e Money was put in the bank V"and some things, were' epaidfdr in cash. Put no money -Hyr 'She I had IA or L 5 now, but-no more. Expected Mr. Brown to give her the L2O back again.; Did not remember Griffiths, goingv to ;draw| the money from the bank. : When;he earned home'Trom the Hogburn pnee he told me he! had lost Ll5O. This was more than four' weeks ago.. Griffiths had to borrow money to come home. She had had ho talk with; Griffiths since Mr. Leary and Constable Mor-i ton were searching for the books. Had no \ idea, where they were; ''. . '-' "'-J >';; !■ Mr. Leary: There is evidently an understanding between the witnesses. The, Judge: Of course there is. flow-can! I beaeve that the books are lost ?

—George Frederick Newmarch, accountant, Was-called by.request of,'the Judged and, being sworn, said;'He recollected goinglto the bankrupt's to make up hjs^bpoks.,.Could not from memory*fix : the. date'.-'' (After reference to the papers in his office during the Court's adjournment*—) Wenf-to Welshman's on the 29th January., Saw.the,ledger on :; the3oth. ,: ' -" ,; -" ■'■•'■'-'■'. "

Robert Carr, & tinner at Welshman's,'knew the bankrupt, John Griffiths.* He asked him on the t»th of March-to.lend him L2OO. He told Mm in about, two. days, he could-Hend him the money,' butVwould require^security. 1 Mr. Griffiths saidh'e Mr. Leary, I and if he wanted him;heJwoiild. let*witness, know; "He theirw6nt awiayVf^dneve£came feck." ' "•' r"" : '•'•-»■'•'■■ .-. ~ \ :i~ ?'■*:,■■ . David Dakers, a mason by. traded residing ;at St. Bathans, stated'he "boarded,with the ; bankrupt forfive %eeks- during last winter ■: while building. a;3house c ifor ; > Robert Brown, a jmaie.of Griffiths';:; He' paid Griffiths himself jwhat he ow.ed, f about.L22, through Brown safe 'the'store. Bro.wii proposed he. should .pay fGriffitia instead."of me.;,.lt,,did not strike ihim as strange. .Brown and me are not actually squared up'yet. '■■"'';'■'" * ' '""■"'' ■ ' The Judge: Short'reckonings make,long friends, Mr. Dakers—you will find that out, •someday. . *■'=■ W''V •

; Examinationicontinued: Brown; wasi get-i ting' goods' from Griffiths, and Jones. There iwas a good r deal of shouting going oh' at times, but did not pay particular attention" to what was done. -:.:.-...

| Robert Brown, miner at Welshman's, being sworn, said: He had had business transac tions with stores from him; Knew Dakers. Dakers was indebted to Griffiths/;an;l he,; to Dakers. - Mrs. 1 Griffiths wished, to; get a settie-nent from Dakers. She asked me to .pay Dakers so that Dakers could pay her. Had .not the money at the time. She profferred .him. the money to pay Dakers, which he.did. , ~ -.

I The Judge: That'is common enough Mr. Leary. I don't know/that you can make anything more out of that; "■■■•'-"- '"- ''''■ u ; Examination continued: Griffiths consulted him about his ( affair3 shortly beforehefiledJ He came andraskedihimfor advice. r :He told him he was,not competent to advise--him,--and told him he should go to .someone more competent, and get/ Newma'rch 'to! make up his. books. With. Griffiths'! concurrence she telegraphed to Newmarch. Griffiths'toldi him he was in difficulties; He did not tell' 1 him he had;dishonoredany bills!':' In/looking Over his accounts at his request, a bill of SargoOd's he .thought he had made arrange;, mentsto meet appeared.to-be still due.-.He, did'no.t" tell me about his bank account,- : or thkti he had' L2OO or"L300 in the bank. Knew he hadj.drawn.out money.j, -,£■ The Judge: He never tol'd:youhe'had lost Lfso.- : ■' r ''"' -"_;,' '; ; ; v ;..; v - i '- l i", : v-:-:^ Examination .continued. 'Could hot recollect ,when :i h,e ihadi had'a squaring-up with) Griffiths! "It mightjbe L4O-;or.f;L43 he was due tOjthegstate.^.; It'.is; possible their might* have been .a consultation. ; as,to what feply. should be'given -to'..'.the trustees'.demand of payment for amounts due. ' In one case where the amount was small .he advised a man who stated'he w'as not aware what^was claimed to askfora bill of particulars First" heard the books were missing before Mr. Leary visited ,the,Gullyl He might as.'well' inform hisHonor'that Mr. Leary searched .his place for the'books. "Knew nothing of a saleof -a horse and .cart, to; Hughes, or a^outthe ! sale of a grey horse.

IBankrupt recalled: Being shewn the listp£ aqcounts put in by his 'solicitor; "he 'could noV give any information; ,He was but a bad scholar. ■■" '••' ' ■•*• '*' ''' ' x JThe Judge :tHe fithter'is, or pretends to be,in' a state Of most hopeless/confusion. -'• |Mi\ Leary was proceeding to examine the I witness, as to any .statement made; to. Miv-: Kpwla'tfca&to the allied Ups§, of theLlso; but bis Honor interposed, as any such commjmications were privileged.' ~■•_•:' , r» -■ {The Judge said: He,has previously sworn he r told no one; then he. awore he "told his

: lydiß.—JEte (•witness) could give-ribi further account, of Ms losses than what he had given. Mr_. JLeary then_ asked for'a suspension of " ;theTjanlErupt'i certificate, and that he niight be committed for trial for misdemeanor. {Debtors up-country, seem to think they can' snaptheir fingers.at.their creditors. '~T~ .. Mir. Rowlatt hardly knew he could state ■ anything •against- Mr. Leafy's applicatidnH He had made every effort to obtain a producy tion of the books.' He could only leave; the .bankrupt in his Honor's handsr ?;r<"7! I The Judge.said.v Mr. Griffiths, under ithe. second sub-section of the Act you have been guilty.of,,npt ..fully, andjtruly .disclosing all your realjand personal property. It. must be" the opinion of everyone who heard you give your evidence,, that you have .not--.disclosed" •ydfar ■property. (^Also''xinder-tliei 3rd section you are guilty. removed", £2B7—tojexpeot the Cpurtr ? tp. believe ..what tyoußha've stated, is an insult-to (common;sense: under .the fourth section —your share" in the .claim, worthfrom::L2oo,toiL3oo, is:riot returned in your assets.njlt has'been proved a sixth'share was .sold; f0r.L375 an September last.' ''Under,the^sixth^section-youhavefbeen guilty of "'concealment^—if, you- .expectLme! to believe thaVthe ; bo,o£s are : .lost,l.:am as:satisfied as T am that this chair you;and ,your wife' know perfectly .well.-where they 'are ; _ Under ibe_eighth section for stating fictitious losses and expenses which I cannot believe;?!. 3Tour>/certificate '-•» - suspended for three years. If it had not been for your wife and small infants I would not have allowed you to leave-'the Court. Criminal proceedings will be take.nVimmediately, so you must prepare' to meet.them as =best you may. Ptote'etioriVi'i" or*dered to.besent- Haggitt, :the?£!.r6wn Solicitor.''"Gusts of prosecution will be al-. lowed out. x»f ; the estate!

Re Andrew M'Ginnel Brown —Mr. Rowlatt applied for declaration of complete execution of deed of-'arrangement. Order made accordingly. Re "John James Smith—Mr. Rowlatt applied for enlargement of time to mak'e application- for deed of complete execution of deed of assignment Time enlarged to next sitting o|jthe Court. > .