MAGISTERIAL.

South Canterbury Times, Issue 2163, 23 February 1880, Page 2

MAGISTERIAL.

TIMAHU—THIS DAY. [Before E. Beetham, Esq., E.M.] ALLEGED EEAUDULENT JiANKRUJ’TCV, Frank Poff was charged with the above offence. Mr Hamersley appeared on behalf of the accused. Mr Jameson appeared for the prosecution. Mr Jameson in opening the case remarked that this was a prosecution instituted by order of His Honor the District Judge. Thomas Howlcy, Clerk, of the District Court, Timaru, produced a declaration of insolvency filed by r the accused on Oct. IJ, 1878. Also produced the four-day list. A meeting of the debtors creditors was held on Oct. 23, and on the following day John King certificated accountant in bankruptcy was appointed trustee. The debtor also openly applied for an order of discharge in this bankruptcy which was not granted. William Thomas Brown, storeman, at Messrs Jonas, Hart, and Wildie’s. Proceeded on Feb. 11 to Makikihi to seize the effects of the accused, under instructions from Mr Tate. Saw (hero two draught horses and a hack marc. Two of the horses were in a stable attached to Poff’s Makikihi Hotel. Saw James Poff there, and asked him for the horses. He did not not point out the horses to witness. From information he received witness removed them. The hack marc was in the road.

By Mr Hamersloy ; This was about six o’clock in the morning. After getting the three horses, witness asked Mr James Poll' if they were the right horses Did not know anything about the ownership of the horses. James Poff, hotelkeeper, at Makikihi and brother of the accused, remembered his brother leaving South Canterbury some time ago, for the North Island. This was some time in May, 78. Did not know where he went to, but believed he was at Wanganui, for some time. Could not say how long he was there. Believed he had heard his brother say he was in Wellington, and also heard him say he was in Greymouth. He returned in Oct. 75, sometime about the 13th or 14th. Did not know what name his brother was passing under. Did not know that he was passing under the name of Frank Barratt. Witness found one horse in Sept. 78, and another about the beginning of Oct. Both horses were draught horses, and both were branded the first was branded TH conjoined, on the near shoulder, the other was branded with a horse-shoe brand on the off shoulder. Did not find any other horses. A man named Spring found these horses for witness and he paid him for finding them. Knew his brother was filing - his declaration of insolvency m 187 S. These horses wore then in witness’s possession The value of the horses would be about £BO. £l3O would be top much for them. One of the horses witness gave his brother, the other horse was purchased by him. He did not buy three horses from witness, but bought two other horses from witness when he was contracting at Geraldine. these lie had never paid for. Could not say what became of these horses. They were not the same horses as witness sold to his brother.

A letter was then read from the witness to Ids brother, the accused, ottering' (o take charge of the horses tor him and valuing them at £l2O. Fxamination resumed. Witness look charge of the horses until seized by Brown. Also employed his brother to work for him at 2ns per week. He was at this time owing witness money and had been owing him more before he left for the North Island —about £2OO. Accused went away for 1.1 ic last harvest, returning about May or June. He continued to remain sometimes with witness, sometimes with Tom Coll whoso place was near witness’s. Accused had not done any ploughing for Coll; he was employed in cutting chaff at Coil’s place. When not at Coil’s he was working for witness. Had no conversation with his brother about the horses when he talked about tiling in May ‘7'J. Accused did not say that witness was justified in keeping the horses. There was no conversation about the horses. Did not pay accused for the use of his horses. Did not give him the hack in lieu of wages

By Mr Hamcrsley : Accused owed witness a sum of money in May. The 1.0.1 J. for £2OO signed by Frank Poff in favor of witness was the one produced. When accused returned from the North Island, witness advanced him £lo to file with, and at that same time made accused give him a receipt for the two horses, valued at £BO. About May or April, 1878, accused sold his horses, and witness asked him for some money.

Accused upheld that lie could not give him any at that time ; that two of tlie horses were lost and that he was waiting for them to be found, adding that it witness could iind them he could have them. Found the horses and had used them himself ever since. Had never given them up to accused. (i corge Clarke Fraser, residing at Makikiiii, brother-in-law of the accused recognised the letters produced, winch lie found in a paddock at Makikiiii, between the shafts of a dray. The paddock belongs to the hotel. Gave the letters to Mr White. Frank Poft:, witness believed, was living at the Makikiiii Hotel at the time, and had been working in the paddock attached to the house. Believed the dray was used by him for fetching lirewood the night before. The letters were iu a pocket-book,which also contains some cartes do visitc. Witness gave the letters to Mr White, because he had shown them to Mr Maclean, and also because the accused would not hand over some money (£10) to witness that he owed him. Did not attend any of the meetings of the accused, and did not prove in (he estate. This and the spite witness had against accused, was his reasons for handing over the letters produced, to Mr White Did not know who Mr White was acting for. This was all the evidence. Mr Hamcrsley declined to address the Bench, and intimated (hat the accused would reserve his defence. The accused was then committed to take his trial at the next sitting of the District Court, bail being allowed, himself in £SO, and sureties for a like amount.