MAGISTERIAL.

South Canterbury Times, Issue 2131, 21 January 1880, Page 2

MAGISTERIAL.

TIMAKU —THIS DAY. [Before B. Beetham Esq. B.M.] AU.EGKP FKAUJ'UI.EXT INSOLVENCY. John Coll was charged on Jive informations witli the above offence. Mr Tosswill appeared on behalf of the accused. Mr White appeared to prosecute on behalf of the trustee. Mr White remarked in opening the proceedings that the short facts of the case were as follows;—The accused on July’ill last Jiled a declaration at the District Court, M aimate, that he was unable to meet his engagements with his creditors. Some time before this he had between 209 and 800 bags of grass seed woith considerably more than the £lorequired by the Act. The seed had been stored at a brother-in-law’s of accused, residing at Makikihi. A bale of wool, also belonging to the accused, worth £B, had been placed by him in an auctioneer’s hands for sale, without his in-forming-the trustee of his having done so. George Henry Graham, Clerk of the District Court of Timaru and Oamaru, at Waimatc, produced declaration of insolvency, filed on behalf of accused, on July 29. Also produced the four day’s list filed on Aug. 29. Witness was present at the first meeting of creditors. At. Jonas was elected trustee. Michael Murphy, laborer, deposed

to having worked for the accused in 1879; Had some conversation with accused onlcavinghira; accused told witness that he would pay him up after a while. This was in October last. Witness and accused put some grass seed, about 150 bags, in Chisnall's store, adjoining Mr Pott’s hotel, at Makikihi, and occupied by Chisnall ; there was a good deal of the seed bad. Witness and a man named Fraser also took some grass seed over to Chisnall’s about the beginning of March. They were about eight days carting the seed from the farm to Chisnall’s. They took six trips each day, and about 20 bags cadi trip. Witness also carted some clean grass seed, about 100 bags, to the Markikihi Eailway Station from Chisnall’s store. This was some of the same seed that witness had carted from the farm to Chisnall’s. About 100 bushels of oats were in the loft, belonging to Cull. Coil had about 20 bags of oats in a wbare in March, and there were about 25 bags at Ciiisnall’s in June. After leaving Coll, witness was employed at Chi.-nall's ami slept in tbe loft. Remained at Chisnall’s about six months. Knew -las. Coll, defendant’s brother. One morning bo called at Chisnall’s, about 4 o’clock, and removed some of the grass seed from the loft in a dray. Witness eould not say how much seed was taken. Both seed and oats were removed after Coil’s bankruptcy.

Cross-examined by Mr Tosswill : Assisted Fraser to elean some of the grass seed. Could not say who it belonged to. Part of the oats in the loft belonged to Coll. Saw O’Brien take oats twice from the loft after Coil’s bankruptcy. Could not say whose oats thev were.

.Moss Jonas, auctioned’. stated tliat he was the trustee in the estate of John Coll. Hail read the four day-lists, and discovered that a hale of wool had noheen included in them. Had suhsef quently received .£0 17s for the hale ot wool from Messrs Maclean and Stewart, auctioneers. In consequence of what witness heard defendant say at the District Court, Dunedin, he applied as trustee 1 to Messrs Maclean for the money received for the- wool.

Mr White intimated at this stage that owing to the absence of certain witnesses who had been subpoenaed to appear, he would be unable to proceed with his case to-day. The only reason for the non-attendance of these people, Mr White went on to say,, was that they perhaps imagined that they were not compelled to be present unless their expenses were tendered them. This was, however, a mistake. His Worship adjourned the further hearing of the case until next Wednesday, in order to give the absent witnesses another opportunity of attending, and further intimated that in the event of the witnesses not being present on that day, warrants would be issued for their apprehension. KOIU’KKV WITH VIOHKX' K. William Kileyand Hubert Hobertson were charged, on remand, with assaulting and robbing a man named McNulty near the Waslulyke. Inspector Pender now intimated that in consequence of the accused, Hobertson, having made a statement to the police, within the last half hour, relative to the stolen property, he would have to ask for a further remand in order that enquiries might be instituted. The accused were accordingly again remanded until Saturday at 10 a.m. TEMUKA—THIS DAY. [Before F. Guinness, Esq., E.M.] PKUNK ANP PISOKPKKI.Y. Hubert Bobiuson did nut appear and was lined the amount of his deposit. 10s. For John Cain, charged with being drunk and using abusive language, a warrant was ordered to be issued, John Maher ](leaded guitty. and was lined 20s and costs or 7 days imprisonment. John Heed did not appear and was lined 20s the amount of his deposit. CIVIL (.'ASKS. Win. Ackroyd v, Martin Dunn, To 0s 2d. Mr Austin for plaintiff. Bankruptcy was pleaded, but judgment was given for the debt, and costs. Duxhuc (a Chinaman) v. McCaskill, T 7. Mr Austin for plaintiff, and Mr Hammersley for defendant. The plaintiff stated that he was engaged as woolseoiirer at 40s per week. The defence was that plaintiff was incompetent, and defendant offered him oos per week. Judgment was given for To, and 8s costs.