MAGISTRATES' COURT.

Nelson Evening Mail, Volume XV, Issue 265, 31 December 1880, Page 2

MAGISTRATES' COURT.

THURSDAY.

[Before H. B. Curtis and T. Maokay, Eeq?., JJP.] Thomas Stocber w ymond, Martha Waygood Wymond, and Alonzo Pollybank Wytnond were charged with fraudulently and feloniously stealing certain goods belonging to the trustees in the bankrupt estate of T. S. Wymond. Mr Fell appeared for the proßecution, and Mr Pitt and Mr Bunny for tbe defence. Mr Feix, in opening the case, said the accused were charged under the last section of the Fraudulent Debtor's Act, 1878, under which they were bailees within tbe meaning of the Larceny Act, with stealing certain goods, the propprty of the trustees in Wyir>ond's estate. Wymond hud been a draper in Nelson, and in 1876 ho executed a deed of settlement on bis wifp, but an informally occurred in the deed not being filed. He went on with tho business, and in September, he executed a bill of sale in favor of Mr Fletcher, conveying a bug^y, horees. and certain goods in truet for Mrs Wymond. Shortly afterwards Wymond executed a deed of assignment. Asßent. to this was refused by the creditors, and he then filed a declaration of insolvency in the Supreme Court, and the creditors elected Messrs Thompson and Southern trustees. It. appeared that certain negotiations were opened up between Messrs Pitt and Moore, (the bankrupt's solicitors) and the trustees relative to the goods contained in the two deeds of settlement, and with regard to the second an offer was made for the purchase by Mr Fletcher of the articles it contained for £202. The offer was under consideration when the trustees left Nelson where they were represented by Messrs Adams and Kingdon. Suddenly information was received that- a large quantity of goods had been shipped for Ohristchurch in the cliarge of Mrs Wymond and Alonzo Wymond, and tho solicitors for the trustees applied to the solicitors for the bankrupt for a list of them. The goods were shipped on the 16th December, and Messrs Adams and Kingdon wrote to Messrs Pitt and Moore on the 18th. The letter was forwarded to Wymond, who did not receive it until the 20th, and on the 22nd he compiled a list . of the goods, which was ' sent by Mr Pitt to Messrs Adams and Kingdon, who referred it to the trustees. But in the meantime the trustees- had received the information and applied for a search warrant. The goods were then seized and Mrs Wymond and Alonzo Wjmond were nrreeted. The list sent by Wymocd contained a preface to the effeot that all the things tho cases contained were' worn and old, that there were no piece goods of any deeoription, that the oddments. had been brought by him from Melbourne, and that Mrs Wymond's and tbe children's drosses were worn and j secocd-hand. At the time Mr Thompson was negotiating for tbe purchase of the goods specified in the second settlement, be wan shown a list, and was informed that it covered certain articles of clothing and bo 00, but ho did not attach much importance to it until he heard that 39 cases had been shipped for Christchurch. On tho cases being searched by experts in tbe drapery trade, it was found that instead of ODly eecond-hund goods, they contained much thut was absolutely new, while oihers had only beeD washed odcc. Tbe new articles were valued at £210. The balance were worn, and were found to have been fairly described, though they were in excess of the quantity stated. Tho total value was about £500, so that there must have been gross deception, seeing that Wjmond had offered to purchase the contents of the second settlement for £203, whereas the goods taken were found to be worth £500. Mr Prr.T : Tho second'settlement inoluded the first, and it was only tor the additional things for which £203 was offered. Mr Fell; Ib searching the boxes it was found that there was scarcely one of them that did not contain some new things ; for instance there thero would bo some unmistakably worn things and then a roll of new dimity, then some more things and then a new dress, while in one case thero was a lot of rubbish on the top and the remainder of tho contents were all new articles with the shop marks on them. From Wymond's books it appeared that between th« Ist October and the sth November, goods were taken for the bouse out of the store to tho valne of £96 15s, of which a considerable quantity in the eases could be indentilied, while those that could not be so identified were valued at £54 14s 9d. Under auy consideration Wymond ought to have delivered up £96 worth, of goods It was evident that all these goods wero the property of the trustees, and that Wymond , Mrs Wymond, and Alonzo Wymond had taken thorn away for the purpose of stealing them. Tho Bench would see that under this section of this Act Mrs Wymond aud Alonzo Wymond were aiders and abettors, and, although only principals in tho second degree, they could be charged as principals in tho first degree. If Mrs Wymond helped her husband to convert the goods she was liable, and so was the young man. Of course their Worships were not there to decide the case finally, and though it would bo very easy to raiso questions of great technical difficulty, which his frend on the other side would no doubt urge, and very fairly too, it was not as though the case terminated, but *it was for them to try whether it ought not to go to a higher Court;

Mr Pitt said that the Bench were supposed to know the law, and if he could show them in law that there was no cnso against two of the defendants, they had no alternative but ' to discharge them. Matters of fact should go to a jury, matters of law it was for the Bench to decide, John Srnylie McDowell Thompson : lam a warehouseman at Wellington and the informant. lam ono of the creditors' trustees in the estate of T, S. Wymond. I was in Nelson when the trustees in bankruptcy wore appointed, I returned to AVellington about the 9th December. Mr Pitfc was Wymond's solicitor, and I had some conversation with him about the matter. I recollect a conversation regarding the purchase by Mr Fletcher of a certain part of the property. Mr Southern and myself had a conversation with Mr Pitt with reference' to the settlements in favor of Mr Fletcher as trustee. He produced them, one being dated in 1876 to which was attached a long schedule •describing' various goods belonging to that particular settlement. He also produced another settlement dated September. iBBO. which, was in favor of Mr Fletcher, Us trustee, but was not signed by him. No schedule was attached to it The settlement specially applies to buggy, pair of horses, and harness ; and Mr Pitt showed us a schedule which purposed to be a list of the goods contained, and he gave us to understand that the value included in the second settlement would bo übont $200, and that it included a toilet table, a bedstead, abotbfer table* and one cr two other email articles of furniture, and a few nrtic'es of clothing, bf which he toftdfc liflht> and the Vallie of Which woulci not fee £10. I believe no arrangement woe come to regarding these things. A very few days after that We Went to Wellington, but before then we accepted the assignment. The conversation took place before the assignment, which Vfbb da'ed the sth November, 188b t and which deed is now produced. It was not assented to by the creditors. I went to Wellington almost immediutely after the filing. We had then mode no arrangement for the purchase of any part of the property* I rbtbrnod before the trustees were appointed, and was present at the meeting of the creditors. The same trustees as mentioned in the deod were then appointed. Mr Pitt appeared for the debtor at that meeting. Almost immediately after the trustees were appointed under the bankruptcy I bnd another conversation with Mr Pitt in Messrs Adnms and K?ngdon's office. Mr Pitt's firm is Pitt and Moore. Meßm Adams ard Kingdon are solicitors for the trust ice, and were at that timo acting for them. The cause of the conversation was that we gave notice to Mr Fletoher to produce the deeds of settlement tit Adams and Kiugdon's office at 10 o'clock on the day after the trustees were appointed, I think. Mr Fletcher attended with Mr Pitt as his solicitor, I believe. The deeds of 1876 and 18Q0 were produced by Mr Fletcher. Mr Pitt then told us he was perfectly satisfied as to the validity of the deed of 18 7 6, but as to the deed of 1880 he either said he would cot say as much — I took it for granted he thought it was bad. Mr Pitt then BUggeßted a compromise, that a valuator should be appointed, and they ware ready to pay any reasonable sum if wo abandoned any action against that second deed. The goods referred to in this were those 1 have already mentioned — the buggy, horsep, &c. I don't think I saw a list of them at that time. After that, my solicitor received n letter from Pitt and Moore, dated the 14lh December [produced]], and which offers £203 for the goods in the second ■ettlement. No bargain was concluded at that interview. Adams and Kingdon then told Mr Pitt that nothing could bo done till they had a Hit of the things included in the deed, and Mr Pitt Buid he would send copies of the deods and schedules. No other description of goods contained in the second bill of sale than that I have already mentioned was ever given me. I went back to Wellington one or two days after that. While there I received the letters produced through my solicitors — one dated the 22nd December with an accompanying schedule of goods, a portion of which the witness read, and which stated the goods as all having been used and mostly wearing apparel. Three or four days before that I had taken out a search warrant. About the 18th I took out a search warrant and laid information. On the 28th December I came to Nelson. Sergeant James Slattery, of the police force, was called at this stage, and having been sworn, stated that he received into his charge a number of cases which" arrived in Nelson on the 28th.. inst., by tha steamer Penguin, consigned to Supt. Acheson. There were about thirty eight cases and parcels altogether, and they have been in my charge ever since. They were all opened in my presence and searched, and part of the contents removed. The heap of goods in Court are the portions which were removed. The casea were marked (the greater portion) M. W. with 0. under, and they were also distinguished by numbers. The pencil numbers on the packages in Court correspond with those on the cases. Mr Thompson then re-entered the box, and said, I was present when the goods in Court were taken from the casea. Case No. 11, M.W. over C, contains one 12-4 honeycomb quilt, 6 yards 6-4 ulster tweed, 1 piece 15 inch amber cornioe fringe, And 13 table knives. All in the parcel are new, and I estimate the value roughly at £6, and these are a portion of the goods mentioned in the information. The next parcel, numbered No. 7, contains 2 traders' umbrellas and one parasol, and the other articles mentioned in the information down to end of "white dress shoes.." These articles are all new, and are of the value of about £6. The next parcel is numbered 27, and is a roll of 3-4 oilcloth of the value of about £3 10s, and is perfoctly new. There are about 26 to 30 yards. By Mr Pitt : I have not examined all the pieces. There are several. (At this stage Mr Pitt had the oilcloth unrolled, when, except the outer roll, all had very evidently been used.) The next parcel is from case marked 050, and it contains 3 short ends of carpeting mentioned in the information. Their value is about 15s. The next parcel, 681, contains two boys' hats, scrubbing brushes, and one pair boys' alma boots — all new, I believe. The parcel I value at 255. The next is from case 700 : it contains 5 pieces ends of flannel, 2 rbllß fiench dimity, 1 end printed flannel, 1 piece striped woven flannel, 1 piece silk shirting, end of wool plaid, a bundle of green and gold furniture gimp, end of brown drill, striped muslin, piece book muslin, piece check muslin, 5 pair stays, piece jaconett muslin, 1 buff baptifite 1 corded marcella, 1 end of rep mosquito netting, blue serge, white fujr trimming, pair white boots, Blate linen, black and blue merino, black alpaca, 1 dozen napkins, 2 honeycomb quilts, 4 pieces colored velvet. 1 believe the quilts to be new. 1 piece gold fringe, 28 cards and pieces trimmings, 28 cards and bundle fringes, 2 pieces bird's-eye diaper, end lamb skin, piece damask. These are the articles mentioned in the information. Down to white lamb skin, I value them at about £20, and I believe they are all new. In case No. 2 there axe some pieces of new carpeting. All the rest of the articles are new. There are about 23 yards of green and gold gimp. The value of the articles altogether is about £9. No. 222 is the next. It contains a set of new trays done up in the original papers ; 3 door matß ; Maori baskets ; ten fancy baskets ; lady's ulster ; pair boy's boots ; felt jacket ; hearth brush; and end of carpet. I believe they . are all new. The value is about £2 10s. I find on looking over the things again that I have considerably under-valued them all in the information. Parcel No. 31 from a porbnianteau contains a pair of white and gold dress shoes, and a pair of pink satin shoes, both new. The value is £1 ss. No. 19 contains an end of worsted coating, about enough for a suit ; a table cover ; and two pair elastic-side boots. Value £5. No. 2(5 contains an assortment of silk saßhes and ribbons, some of them new. Value £3. No. 15 contains 21 yards worked skirting, 12 pairs girls' hose, eilk embroidered, being anew parcel never opened. Value £4 10s. No. 6 contains 8 glass towels, black watered sash, ribbon, lady's umbrella, pair silver grey blankets, and pair kid gloves. All new, and of the value of £2 10s. No. 937 contains 2 pairs curtain ropes, two pairs seal gloves, wax doll, and two cosies. All new, and the cosies having the anop tickets on tbem. Value £1. No. 926 contains eider down dressing gown, black and brown satin skirts;

blue embroidered dressing gown, ffelt costume, two jackets fur-trimmed, plaid shawl, 3 china silk ulsters, six ends tapestry carpeting-, 8J paiirs ladies' boots, 5 pairs slippers. All are new except the jackets. Valufe £22. No 31 contains 1 striped costume, 5 pairs girls' hose, Scotch plaid, piece carpet, and box cigars. Vahi6, £5. No. 3 contains about 15 yards of oilcloth. Value, £2 ov£3. if new. The next parcel contains a pair 6i blankets, which I believe to bo now. Value Jll, No, 27 contains 3 pair new ladies' boots and box of lavender: water, never 1 Opehe'il. Value 1 , £2. No. 070 contains black silk skirt, 2 black satin skirts, 3 pairs boots, 6 pairs cuffs, three umbrellas, riding whip, 10- chamber revolver, 3 fichus, 2 China shawls, 1 wool shawl, 1 piece embroidery (Jau original piece marked), pillow linen, three ..shawls, Indian shawl, wool .skirting, embroidered dress piece, piece Hamburg netting, table cover, satin skirt, Irish poplin dress piece (worth £5 ss), opossum rug. I think these are all new,. Value. £88. Kb. 22 contains a Terry quilt, a buff quilt, and a table cover. Value, £3 10s. No. 14. The contents of this -were in a tin case, on the top of which were a lot of old things about four inches deep, and beneath were the following goods, all new, with, the tickets on them : — Lot of towels, 2 velvet cushions, (> lace curtains, 4 pair lace curtains, and 9 doyleys. Value, £8. The next parcel is from a chest Of drawers, and contains two velvet boys* suits and two pairs trousers. These are new except one paii 1 of trousers. Value, £4. No. 1) contains two ornamental wood brackets, fancy basket, black fichu, white satin fan, screen, and; two iookingglasses; all new ; Value, £l. - Ko. 19, contains 4" pairs ladies' drawers, two scarlet skirts, three 1 paii'S curtains; these are new except the skirts ; value, £4. inib £9 m " pletes the articles now produced. THeir total vaitife isj st&ted in- th.6 Schedule io be £155 I2s. I think that is beloW the real value. Tlifer'e &re & quantity Si bthfer things charged in the information. Th6s§ ate taken from Wymond's hooks as being entered to him since the second settlement. Some of these are included in those just produced. I have sfeen the tfst now produced -which purports io HdhiMn tin inventory 0f the things taken away from Nelson. It do<ia not give a faithful record of the content! of the boxes I searched. It is nothing like correct. There was a large amount of goods in the boxes besides those which I have produced. There was a good deal of drapery, crockery, glassware, hollow ware, a box or two of spirits, and other such things. There were also an iron, bedstead and two or three mattresses. I should think there were about £300 or £400 worth of things in the cases besides what I havb produced to-day. * Several things which I believe to be neW were not taken out as I was not sure of them. There was some underclothing and table linen marked but not used. I do not think that I have taken anything but what was new. I have long been familiar with the contents of retail draper's stores. The length of " a piece " varies according to the class of goods. You seldom find a whole piece in a retail shop. I should think there would hare been very few " pieces " in Wymond'o shop. [The remainder of this witne*' evidence was adjourned until this day.] James McDowell : lam a draper, and have been in the trade for some year*. I was the purchaser of Wymond'i stock-in-trade. I was present when the thinga wer» unpacked. To the best of my belief the % ooda produced today are quite new with possibly one or two small exceptions. I think at the ordinary shop prices tha articles produced would possibly corn* to more than set down. in. the information. The trade term " a piece " means an indefinite length but uncut. There are no "pieces" in wrmond'i stock. They are all cut. The larger portion of the goods produced have Wymond's trade mark on them. All the boots have it. Cross-examined by Mr Pitt : Oddments, I should take to mean such things as the trimmings now produced. "Remnants" would mean short lengths. Samples are generally marked separately. We mark ours the Barae as anything else." I noticed the towels had plain figures on them, and some of the curtains and covers. I have known Mr Wymond personally about six years. I have never been in his shop' or house. In Wymond's stock there are very few " pieces." The stock was very low for such a concern. It had not been sorted up for a long time, Very few of the goods produced are uncut. There are not many in number of any of the articles produced. I should call it a miscellaneous assortment. I don't think as a rule any families would keep such an assortment of unused things. lam not a married man. I examined the things the day before yesterday, I have not seen all the goods. I have said since this case commenced that a large piece of new oilcloth had been found. The one produced to-day was new outside, but contained a number of old pieces. Wymond has the reputation of being an extravagant man in his manner of living. The greater portion of the articles produced are marked with the shop mark and not in plain figures. I remember Wymond purchasing a lot of oddments from me three years ago. Some of them may he among- the articles produced. Re-examined : I should not consider the articles produced a lot of odds, and ends. There are more than twenty pairs of boots. By the Bench : The figured muslin curtains produced I should judge from a hurried look are three paira. If there was a selling off sale being carried on, a lot of articles would probably be marked in plain figures. It would be quite possible to have perhaps twenty pairs of curtains as samples. The Court adjourned at 9.20 p.m. until two o'clock thia afternoon. Bail was allowed, T. S. Wymond and Alonzo Wymond in their own personal recognizances of £200 each, and one surety of *100 in the case of each of the three defendants. TO-DAY. The Court resumed at 2 o'clcck. William Cooksey deposed : I am a carter in Nelson. On the 16th inst. I carted certain goods for shipment by the Hawea by order of Mr Wymond. Some of them were ready packed at Mr Wymond's house, and the remainder were being packed by Mr Alonzo Wymond. There were between 30 and 40 packages. Mr T. S. Wymond was making entries in the memorandum book produced, which appears to me to contain an inventory of the contents of the cases, The cases were shipped as luggage. Cross-examined : The cases were shipped between one and six p.m. There were a large number of people going away in the steamer that day. The packages varied in size from a large case down to a small package. I saw some of the goods packed at the house. I had no instructions to keep them out of sight. Mr Wymond had a civil growl because Mr Alonsto Wymond was not there to furnish a list of one of the packages. I have known Mr Wymond about eight or nine years. He has seven children, three or four being daughters between fifteen and eighteen. I never want to go to a better house to do work. I don't think the inside of the house could be stinted when the outBide was so liberal. I don't think there was a better dressed family in Nelson. If he had asked me for my advice I should perhaps have told him that he was spending a little too much on himself and family. Thomas Cawthron: I recollect seeing T. _S Wymond on the morning of the 16th in reference to taking tickets for himself and family to Lyttelton. He asked me if I would charge for excess of luggage. I asked how much there would- be, as there must be a limit to that sort of thing. He said about i\ tons. I replied that was more than a ton in excess, but I did not mind if it did not iuclnde any furniture. He assured me it was all personal luggage, and I agreed to take it. I did not know until he was just starting that he took about ten tons. All the passengers booked went except T. S. Wymond and. one of the young ladies. I was paid by him for the passages in notes. Cross-examined : Mr Wymond did not tell me he was taking bedding with him. Mr Wymond told me last Friday that he had taken nothing beyond personal effects except one or two beds and cots. Mr Wymond showed me a telegram from Wellington Btating what the Graf ton would take him for. Judging from the tone of it, I should say it was in reply to one from him with regard to removing his family to Lyttelton.