AN EXTRAORDINARY CASE.

Temuka Leader, Issue 1419, 17 November 1885, Page 2

AN EXTRAORDINARY CASE.

At the District Court, Timaru, yesterday, before His Honor Judge Ward, the following evidence was given by a bankrupt named J. W. Stonyer, of Pleasant Point, who was publicly examined. The account is taken from a Timaru paper : Mr White on behalf of several creditors, appeared to examine the debtor. lu reply to questions the debtor (J. W. StOnyer) said that on April Ist of this year, he bad manied Emily Haste, and in the May following he had taken a bailment from her over certain property of his. She had been governess in his father’s family for some months. He had known Miss Haste for some considerable time before that. He had bought property for her in 1883. She held the farm on which his father was living. (His Honor —that is something strange fo:.’ a governess to have a farm.) She got it, the debtor believed, from the mortgagees of his father. It was called Acacia Farm, The material for building the bouse on the farm was provided by his firm of Penning and Stonyer. They leased the farm from Miss Haste. The timber for the house was ob'ained from McPherson, Filmer and Co., whom, he had set down as creditors to the amount; of.

£SO. Penning went away to Christchurch and that was all witness knew about him. He (witness) had agreed to pay McPherson,, Filmer and Co., in three months. Miss Hast was the proprietor of the farm, and witnesii was to work it on her behalf. When the bill for timber became due McPherson, Filmer and Co.,renewed it fora month. It was not paid and witness filed. He bought three horses from Mr John Elder on a three months’ b 11, and then made them over to his wife, who gave a bill of sale over two of them and other property to Mr Izard, of Christchurch. The third horse was left on the farm and witness’ wife destrained upon it for rent. (His Honor remarked that this was a very mixed affair, the idea of a woman distraining onher husband for rent was too absurd. Laughter.) His wife had five or six horses before marriage. One of these witness bought for her for £2. That was the only one he bought for her. It had bad two foals subsequently. Last Saturday bis wife endeavored to make an exchange ol: horses with M. O’Connor, of Washdyke. She also endeavored to exchange a Whitechapel cart with Mr Tank, of Washdyke, without success. This cart had been bought at; Eaiapoi by bis firm off Fenningjand Stonyer, and his wife bad seizsd it for rent. (Laughter.) The bailiff she employed afc these seizures was one Dufton. Dufton was working on the farm now. Since filing witness had not offered anything for sale. The things had been taken away by Mr Izard’s bailiffs, witness being away in Christchurch at the time.. The stock was removed by them . over fifteen miles. Witness’ statement showed separate liabilities £294, and assetn nil. He was not present at the signing of the bill of sale in Mr Izard’s office. His wife received £250 from Mr Izard, about £7O being handed to her at the signing of the bill of sale. (Witness was pressed to explain th s position of his wife with regard to the farm,, but all he could say about it was that “ she bought it from the mortgagee, subject to the mortgage, and gave a second mortgage to Mr Izard.”) It was about three years since his wife (who was then a spinster) bought the farm. She gave nothing for it —she merely took it over with a mortgage of £3400. Mr Izard’s second mortgage was for £4OO. At marriage his wife had £3OO or £4jo. Ha (witnes-) owed his wife money now. He had put her down as a creditor for £l5O for rent, (His Honor here remarked that probably the lady had taken the witness as personal security. Laughter.) Mr White having resumed his seat, His Honor said : Do you- wish th# examination kept open, Mr White ? Mr White : If you please, Your Honor. Mr Knubley: I do not see any reason, Your Honor. There has been a full examine.tion. His Honor—l see very grave reason. There are complications under this Married Women’s Property Act which, in this case, are most unsatisfactory to the creditors. The examination will be adjourned.