BRNKRUPTCY.

Taranaki Daily News, Volume XXXXV, Issue 185, 19 August 1903, Page 2

BRNKRUPTCY.

IN BE VON STURM KB. MKBTIKU- OF OKEDITORB. A meeting of creditors in the estate of Wilfred Von Stunner was held at the office of the D.0.A., New Plymouth, on Tuesday. There were present: Mr Korr, solicitor for the D.0.A.; Mr Q iilliam, solicitor for the Sash and Daor Factory, and with him Messrs Tribe and Reid; Mr J Hooker, and the bankrupt (in oustody of the polio,) Mr Jay, manager of the New Zealand Express Company, said he had not proved, but his Company was a creditor of Von Sturmer Brothers, but ho did nor, know if they were creditors of the bankrupt.

As there was some doubt ou this point i; was decided that Mr Jay should stay and watch tho proceedings. Mr Quilliam siid Mr V■■■n Smrmer'a brother was present, but wan not. a creditor, and might ba waited later. Ho suggested be lw.ve the room, Mr A. Von Sturmer than retired. The bankrupt was then sworn, and in reply to Mr K>rr said he had made no statement regarding his affairs, He had made an application for his brother to ba appointed to wind up his afftirs. If furnished with his books, etc, he would do his best to gat out a statement of his position. To Mr Quilliam : Wat aware ke was liable to prosecution for pet jury if he gave false eviduno. Could not say if he and his brothor were partners in the legal sense of the term in the picture framing business; it about pud its way. Could not say what they made out of it. Witness k?pt the books. Could not tell from the books if the business was profitable. Next to no capital was put in the business by his brother. The business incrcasad," but they kept no acsual record of the profits made. Was not an expert bookkeeper, but could keep a cash book. Did the.be3t he could, hut had very little time. Kept no account of the money drawn ou 1 ; by himself or brother, excepting as shown in his bankbook. Could not say at the tima he was arrested what was owing. Had travellers out; told them to pay all money to his brother. While ont on bail he received some money. It may have been £ls or £2O. Cannot say what become of it. Wages and oth>r expanses were paid. Hid travellers employed but they cannot prove anything. To Mr Kerr: On 9of my travellers name was J. D. Webber. Cannot say where he ig now. A. M, Burroughs and Ji Poarce were the others. Cannot say where they are now,

Mr Reid said both the latter were in Eltham, Witness continued: The travellers sometimes banked and sometimes remitted by P. 0.0.' The book produced is one he kept, Is shows .£l6 bmked by Pearce at Feilding. The book is not faked up. We only had one bank aecount and witness only operated on the banking account. To Mr Qiilliatn: Carried on the business while out on bail; canvassed for orders during that t i'me iind.got some. Was asked before what had been done with the monty reoeived while out on bsil. Still say it was £ls or £2O and it went in wages and rent m is!-ly ; told his wife to realise on anything she could in th-i hou-e, Hud i o money to give to her or to bis bro'her. Was not told in Auskland to file a petition in bankruptcy, and that if he did not do so the creditors would make him. Can understand his brother being anxious to see him. Did not see him that morning but only saw his solicitor; had no instruction as to what questions he should answer. Have had a small dealing in land leasehold with his brother; cannot say why ha gave MeGarry £SO; bought a housa and section in Eltham for £400; it was mortgaged for £l5O. His brother sold it for £4OO. Oannot say if that was under the value. Did not tell his brother to get rid of all the money. Weston and Weston earned the £lO 10s they were pud ; the same ra Mr Spence's acocuat. OmsicWed it quite right to give my wife £l3, as at that time there was no talk of bankruptcy, and he thought it j ight to p*y hid debts during the last b#o y ;af \ He received £440 from the Sish and Door Factory, and bis defalcations were £ISOO, making £1940 in tw.i years. Oinnot say what became of the money. His brother did not dispose of it.

Bankrupt here refused to answer unless his solicitor was there, and, in reply to Mr Quilliam, said : You cannot m'ika me say what I do not know. I say on my oath that I have not stowed the money away, There is no arrangement with my wife by which I am to got tho money when I come out of gaol. Did not pay Mrs Williams £200; did not pay any money to the Williams' family. I must have lived above my means. I was keeping an illegitimate child. At this stage bankrupt again asked for his solicitor.

I repeat there is no roonny stowed away. The creditors can believe this or not as they like. Do not drink, gamble, or horse race, It costs money to send a wife and two children all over the colony as I hud to do in search of health. Fully a £IOOO was discount allowed to the Oompanv's creditors; Mr Tribe knows that. Money drawn from the bank is shown in the bank book, as per cheque bosk, was piid to the S«h and Door Oompanv, Did not often sell timbar for cash aad not enter it.

The bankrupt here repeated his request for his solicitor aud Mr Hooker rang up for Mr Malnne. Mr QijillUm and Mr Kerr he'd that bankrupt was bouvi to answer all qu stions whi tha" his solicit:.!' w-■» there or no; even if th\; qiu-vious wer.i of an iocriminatin? rm'urn, Mr M.' ! '>!.ie here f-t-nrnil 'he room.

To Ms- Ken:: My 'ifa is i-jsurod for £IOOO in the Governm;ttit office. Would be willing to transfer the policy for the benefir, of my creditors. Omnot siy what thes'osk of mouldings in my shop wis wovth. TK<iy might be worth £IOO or £2OO ; kept no private book of money received on account of the Sash and Dior Ojmpany and nor, entered to tbfir criidi*, but I tork a note of the item in my pocket book. A transaction regarding £BO took place ; remember owing Oomwll soma money; Oonnell owed King money and King owed the Sash and Dxir Oompiny 'money. The accounts were squared, but gome money parsed. I may have boen a small bulano*. I hud an arran<?eraenfc to piy chnqu?s payable to P. 0.0. Company to my account. As] manager considered I bad power to' endorse cheques payable to order.! R'ised a subscription for a man in Eltham ani paid him moro than I had received. No pressure w>s brought to bear on me about it. Kept a email private cash book ; do not know whero :.t is now,

Mr Qinlliara said it was tvident no informa'ion was to bo got without a public examination, Mr Tribe inov. d that the bankrupt be publicly examined by the Couit. Stconded by Mr Hookor. Mr Malone opposed, on the ground th-it even if convicted only a concurrent fentenca would be got. [ Bankrupt said it was a parsecu'ion, Mr Qailliam said the bankrupt had dtfi d the creditors, and his clients meant to see it through. { Bankrupt: I have not a£s note in 1 I the world. I have lived abova my i means. I

To Mr Kerr: I pleaded guilty to embezzling £I3OO. Oannot say what has become of it. Q.Vd my wife no regular &l!ow«nce; gava her monej from time to time. My wife has no sum of money stowed away i cor my brother. Have not p.ent a cent, out of the colony. Have p*id Miss Williams £2OO.

Mr Quiliiam said this was a sampl* o? the quibbling. Ho j is-, before said he paid nothing to the Williams faoiiiy. The motion was put and carried, and the meeting a^purnod.