A TAIHAPE BANKRUPT.

Taihape Daily Times, Volume 8, Issue 90, 14 April 1916, Page 4

A TAIHAPE BANKRUPT.

H. B. DUNCAN’S AFFAIRS. PROCEEDINGS TO BE TAKEN. This morning, at the Taihape Counthouse, the Deputy Official Assignee, Mr. T. Say well, conducted an enquiry into the affairs of Henry Barr Duncan, commission agent, of Taihape. The sworn statement put in at the time bankrupt filed Ids petition showed that he owed accounts amounting tc £4l 12/, the creditors being: NZ. Times Co., Ltd., £24 1/; John Hurley, Feilding, £l7; "Willis and Co., Ltd., £5 1; Jopp and McNamara. £2 10/. His assets amounted to £7, being made up of £4 cash, and book debts amounting to £23 2/, estimated to produce £3. Bankrupt, Henry Barr Duncan, stated that he commenced business as a labour agent in March, 1913, but lost his license last August for not complying with the requirements of the Act. He also acted as agent for the Yorkshire Insurance Co., which he lost through mistakes on bis part. He had kept a cash book, general order book, and an engagement book for men going out to employment. The books ha.d been sent to Wanganui. Deputy Official Assignee: "Where are they now? Bankrupt: In Taihape in an old office.

Air. A. L. Arrowsmith (representing the N.Z. Times Co., Ltd. and D. Ledward): The office is very close and it should be easy to get them. Bankrupt demurred and said that he did not think he would be able to get them.

Air. Arrowsmith: It’s evidently a very clean case of trying to suppress them.

The D.0.A.: Where’ are the books?

Bankrupt: In a storeroom. The D.0.A.: If you’re not prepared to answen questions freely, I’ll order you to come 1 up for public examination before a magistrate.

Bankrupt, in reply to further enquiries, stated that Mr. Wilson was the agent and a man named Orford •had the key. . . A further* statement of liabilities was then put in. The D.0.A.: What is your explanation for having submitted the statement showing the amount as £4B? Bankrupt: Mr. Ongley told me to make out a rough statement of accounts at the time and I then said there was more owing.

The D.OA.; You swore that this wn*. a true statement of your assets and liabilities.

Bankrupt: I explained to Mr: Ongley that there iva's more owing and I also told Mr. Hussey at Wanganui that. Mr. Ongley: In fairness to myself, I must say that that is not correct.

The D.O.A: Had you forgotten Mr Ledward’s account 1 ? You owed him £25,

Bankrupt: I had forgotten a good few at the time and I only put in what I remembered. I said at Wanganui there were still mono to come. The D.0.A,: You swore that state- 1 ment was correct and yet you knew it was not a true statement.

Bankrupt: I know there was more

to come. The D.0.A.: Very well; you knew it was not a true statement. You’ve go: sufficient intelligence to understand the statement you made. Bankrupt: If Mr. Arrowsmitb had taken the £2O I offered on account of the N.Z. Times account I would not have filed. Mr Arrowsmith: I never saw £2O. The Deputy Official Assignee then read a cutting from “The Taihape Daily Times” referring to telephone lists which the bankrupt was 1 issuing ,and asked what interest he had in this. Bankrupt: I just launched out on it about a fortnight ago. The D.0.A.: Ha s it been copyrighted ? Bankrupt: No, it’s not through yet. The D.0.A.: Have you gone to any expense? What about the printing? Bankrupt: “The Taihape Daily Times” did the printing, but the advertisements paid for it. Bankrupt was then examined by Mr. Arrowsmith and admitted that he owed “The Taihape Daily Times” a small account which was not shown on the statement. A telephone 1 list produced and bankrupt w r as asked the income. Mr. Arrowmith: What are these red letters? Bankrupt: They arc the most prominent people in the town. Who are these people? They are the advertisers. What do they pay? From 5/ to £4, Bankrupt, in reply to questions, gave the amounts which each advertiser

was paying. Mr. Arrowsmith: Arcadia Private Hotel. What are they paying? Bankrupt: Nothing. Mr. Arrowsmith; Do you think you could tell the trut’i under any circumstances? Bankrupt: Well, they're giving me a reduction on board of 10/. Mr. Arrowsmith: What about Somerville? Bankrupt: Well, I owed him an ac-

count and I told him this would be £l, The D.O.Ai: Were you owing him something at the time of bankruptcy? —Yes. The D.0.A.: "Well, it does not appear in your statement. Mu Arrowsmith: Well, you paid £3 10/ for this thing and collected / vl-i it/. Mr. Arrowsmith did you coracto owe Air. Ledward “i Bankrupt: I went mid asked him for £25 beeauo I wag short. 'Mr. Arrowsmith: Whot did you represent to him? —I told him I had a sale coming off and hoped to pay him. Mr. Arrowsmith: I don’t think you’re the sort of man Air. Ledward would take a fancy to.. Are you quite certain yon did not make false representation? Didn’t you tell Air. Ledward you had a. certain sum owing” to you and only wanted the money for a day or. two ?—No, I told him I hoped

tc get a sale through. Air. 'Arrowsmith: It was a kindness on Air. Ledward’s part and I suppose it was troubling you?—Certainly. Air. Arrowsmith: It played on your mind; a man like you would naturally feel it. If it was worrying you why didn’t you put it in your list of creditors? Mr. Arrowsmith continued the examination and referred to a judgment summons against bankrupt in October last by the N.Z. Times Co., Ltd., but bankrupt did not answer the questions freely. Air. Arrowsmith: It’s no use examining this man. Bankrupt: Well, a man offered to back me for the money and you wouldn’t take it. Air. Arrowsmith: A r es. I have tire letter you wrote to the Times stating you had the backing of a “big business man.” "Who was this man? Bankrupt: His name is Onford. Mr. Arrowsmith: Yes, a man ecmr monly called “Pelorous Jack,” who works at a brewery . That’s you’re big business man. "Air. Ryan (representing Air L. Finch): Do you hope to do anything for your creditors? Bankrupt: A r es, by collecting book debs. Air. Arrowsmith: I presume you’re going to have the books produced? The D.0.A.: I’ll adjourn the meeting for a while. How long will it take to get the- books. Bankrupt: I may not get them till

Saturday. Mr. Arnowsmith: This man is simply setting the Bankruptcy Act at nought, and I’m going to move that he be prosecuted for breaches of the Act. Men of this stamp shouM not be allow'ed at large to commit further frauds, y't’s necessary for the. protection of the community,, and I move that you take the opinion of the Crown Prosecutor as to a prosecution. The D.0.A.: I agree with what Mr. Arrowsmith says. His conduct is most unsatisfactory.

The motion was seconded by Mr. W, J. Bashford and carried. The Deputy Official Assignee then stated that if there had been no motion! from the creditors he‘ would have put the matter before the Crown Solicitor. Bankrupt: I understood the meeting was in Wanganui and didn’t know till last night. Mr. J. P. Aldridge explained that he had seen bankrupt personally and told him he would have to be in Taihape . for the meeting. 3 The liabilities include: —N.Z. Times ■ £24 1/; John Hurley, Feilding, £17 J Willis and Co., Ltd., Wanganui, £5 1/; Jopp and McNamara, £2 10/; D. Ledward, £25; Trade Auxiliary Co., Christchurch, £3; J. Capill, £1 4/; Gordon and Gotch, Wellington,. £7 10/; W. J. Bashford, £1 9/; “Tajhape Daily Times,” 6/6;-L. B. Finch, £lB,