DISTRICT COURT, TIMARU.

Temuka Leader, Issue 1464, 6 February 1886, Page 2

DISTRICT COURT, TIMARU.

At the District Court, Timarn, yesterday, before His Honor Judge Ware, John William Stonyer, came up for hie public examination. We take the following account of the evidence given from the Timaru evening paper, Mr White appeared for certain creditors and examined the bankrupt, who said that he contracted a debt with McPherson, Filmer and Co., and obtained the goods in April and May, 1885. He bought timber to the amount of £5119a 9d to build a house on his wife’s property, VV itness did not tell Messrs McPerson, Filmer and Co. that the bouse was to be built on leasehold property. Gave a bill at three months which was due in October and dishonored. He did not know he would have to file a week before he Hid so. The rental of the farm was £3OO per annum. The lease was executed prior to witness’ marriage, which took place on April Ist. He was at Kaiapoi on that date, but left early for Christchurch, where he signed the lease in Messrs Izard andLoughnan’s office about 10.30 and he was married at 1. Witness did not remember seeing the postmaster at Kaiapoi on April 1. He had never had the lease in his possession. Witness now remembered that the lease was signed in Johnston’s office at Kaiapoi. The reason he had made the previous statement was that be was confounding the lease with the bill of sale, which was signed at another time. Witness forgot what took him to Izard and Loughnan’a office on the kt April, Had bought tba horses from John Elder in April on the firm’s account. He paid for them with a bill which was endorsed by Penning, witness' partner. Witness told his wife ho had bought the horses tor her, but could not explain why he had used the firm’s property in that way. The horse* appeared ia the statement as:

a partnership asset for £35 6s, Witness had seen Fanning in Christchurch since last examination. Witness’ wife had destrained upon Fenning for rent. His wife gave a bill of sale over two horses and he knew of the transaction. Su ?* sequently witness took a bailment over them, as he required them for farm work. Had a judgment summons for £l2 against him unsatisfied at the time he purchased the horses from Elder. He also had a judgment against him for £‘2B, owing to Air J»mes Sanderson, and had informed Mr White that unless he were allowed to pay off these debts at £1 per month he would have to file. Those two judgments had been in existence some two months before he filed. Witness went into the ' farm as a working partner, and Fenning was to put £SOO into the concern. not ask Penning to be present at thi ■ examination, but would have done so hau" he thought it necessary. A Whitechapel cart was bought from Moore and Co., of Kaiapoi, for some £3O, and was paid for by Penning with an acceptance endorsed by witness. The cart was seized for rent owing to witness’ wife on October 20th before Fen ning left the farm. Witness had not, as a matter of fact, paid anv rant to his wite, but it was owing to the horses were given away. 'I» Mr Izard, who appeared for the bankrupt— Witness’ wife purchased the property in 1883, by paying up the arrears of interest on the mortgage. Since then the debtor had worked the farm for a time, and afterwards the brother of his wife lived there. The £503 he expected te get from Fenning would have gone towards working the farm and purchasing the articles mentioned in che bill of sale. Witness considered the lease was now worth more than was paid for it. In answer to His Honor, the Official Assignee said that be was of opinion that the leate as it now stood was absolutely valueless to the creditors. Examination continued Witness determined to file when he first discovered in October that Fenning had no money coming from England. Had been farming for some eight years, but Fenning had no experience. His Honor remarked that the whole affair seemed to him to be a most egregious swindle. Not the slighest reliance could be placed upon what the debtor said, and he appeared to be depending upon the money of the unfortunate man Fenning, to get him out of his difficulties; The bankrupt, examined by Mr White t said bis wife purchased the property in 1883, and witness occupied it immediately after that time. Did not know what his wife’s means were when she entered into a contract to purchase property to tho value of £3400. She was previously a governess in the family of the debtor’s father, and was receiving a salary of £SO a year. He had not acquired any property since filing, but could not say whether bis wife had. His Honor observed that the debtor manifested an extraordinary ignorance regarding his wife, and it seemed as if they v era utter strangers to each other. Witness got about £7O from Izard and Longhnan on the bill of sale. He had endorsed a promissory note for his wife since filing, and had arranged with Mr Bosenberg in Christchurch, to purchase the lease of some land. He got possession of the land under an agreement, but only stayed there two or three days, and had left the place without paying a single shilling for rent. Told Bosenberg he was an undischarged bankrupt, and would deny any evidence brought forward to the contrary. Witness had not been threatened with an action tor damages at the suit of Bosenberg, but could not say if his wife had or had not. He believed she had received a letter on the subject. Mr White asked His Honor to commit the bankrupt under clause 171 of the Act. His Honor said he could not do that on the evidence of the bankrupt alone. Mr White then asked that an order be made for the prosecution of Stouyer for perjury. His Honor said that a mass of ridiculous statements had been made which were evidently false, but he doubted if they amounted to perjury within the meaning of the Act. The examination was adjourned till the 16th inst. The public examination of James McDonald was adjourned till the 16th inst. Air Ormsby was granted costs out of the estate of B. Gibson. Probate was granted in the estates of Henry Cain and John Priest.