MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XII, Issue 214, 10 September 1877, Page 2

MAGISTRATE'S COURT.

[Before 11. C. Daniell, and A. R. Oliver, Ksqs., J.J. P. j Alexander Maclaine was charged that, being a person whose affairs were in course' of liquidation, he did within four months before the commencement of the liquidation by false representation or other fraud obtaiu from one William Dorrecn certain property on credit, and had uot paid for the same.

Mr li. Adams appeared for the prosecution, and Mr Fell for the accused. The following evidence was taken :—

A. W. Scaife : I am trustee in Maclaine's estate. He became a bankrupt ou the 1 9th of June. There were no assets in the estate. Defendant was present at the meeting of creditors, and was examined. He admitted having purchased a horse from Dorieen for £ 6, and selling it for £8 and 30s stable charges. He said the horse was lame. Ho said he had used the money for other purposes, and had not paid any to Doreen. W. Dorieen: I am an hotelkeeperat Havelock. I have known the defendant about three years. He hired a horse from me in February, aud asked me what I would take for it. I said £16. He said he was negotiating in Nelson for a run, and would probably purchase the horse if I would take a bill. I said I would if it was properly backed. He hired it again early in March, and when he returned and had ascertained how much he owed me, he offered me a bill for £25, being £16 for the horse.and £9 for money borrowed, board, &c. I said the bill must be backed, aud he said that he did not like to ask his friend Leov to endorse it, as he did not want him to know that he was short of money, but that I need not be alarmed, as he would be in a position to meet the bill loug before it matured if he succeeded in making arrangements for the run. He did not lead me to suppose he had funds, but said tbat Mr Fell was going to advance the money for the run. I then took the bill for £25. He haa not paid the money. The horse was lame when he took him away. I lent him 30s the next day, for which he gave me au order on Mr Disher, which has been dishonored. Cross-examined: Tho horse was sound wheu the price was first mentioned. I did not think the lameness was permanent. If it was, of course its value would be less. Defendant led me to suppose thera was no doubt about his getting the run, and then he would be in a position to meet his liabilities. I knew he had no money then. John Gay: I am a livery stable keeper. In March last defendant had a horse at our stables. It was very lame. I purchased it for £8. It has been lame ever since, and quite useless. Defendant constantly came to the stables and said he wished the horse would get better as he wanted to go to the Wairau.

Robert Disher: I had no money of defendant's in my hands in March. He owed me money.

This concluded the evidence for the prosecution, acd the Bench decided that there was no occasion to go into the defence, as the charge had not been substantiated. Dorreen had taken the bill knowing that the payment of it was entirely dependent upon a certain contingency which never occurred. Case dismissed.