RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1753, 21 June 1888, Page 3

RESIDENT MAGISTRATE’S COURT.

Geraldine— Wednesday, Joke 20,1888. [Before H. W. Moore and A. H. Brisco, BSqs., J.P ’s.] AI.LKOED FRADDI.KNT BANKRUPTCY. Reuben Johnson, late, hptelkeeper at Geraldine, was charged, on the information of the Deputy Official Assignee, with keeping back from the estate the sum of £126, the same being an indictable offence. The accused applied for the case to be adjourned to allow the Resident Magistrate to deal with it. Mr; Esmond, who appeared for the Deputy Official Assignee, objected to the case being adjourned, on < the grounds that he had not received . ■ notice of • such an application \ being matle. The matter bad been adjourned several times, but he begged to point out that the Deputy Assignee bad. not been the cause of these adjournments, the case being adjourned by the Court. The last time the case was adjourned, was through then police stating that they could not carry it through owing to the ruling of Judge Ward being tbit they must lay -the information before they could do so. The Bench enquired- if they bad power to deal witk-the matter. Mr Raymond said that they had, and' quoted Acts in support of his assertion. He said he had brought the matter before the Court in a proper'way. . • • ' The Deputy Assignee also., asked for the case to go on. The accused again pressed that the case should be adjourned, as his solicitor had not arrived from Ashburton. . . .... The Bench refused the application. Mr Raymond opened the case by stating that the accused was formerly an . hotelkeeper at Geraldine, and about September, 1887,; retired from the business. At the beginning of the present year ' he * sold out' his interest in the, hotel,.arid received the purchase money.* He owed a number Of debts to shopkeepers and others, and was adjudicated-a • bankrupt on •' the application of R. H. Pearpoint, one- of bis creditors. The amount unaccounted for was about £126. W, C. Beswick produced bis appointmeht as Deputy Official Assignee. On being sworn he said be held the office of Deputy Official Assignee on the 27th April last. He also produced the order adjudicating Johnson a bankrupt. He (witness) eame to Geraldine oh the evening, of the 27th 'April, and saw the accused ia the presence of Dr Fish and Mr F, Wilson Smith. Told him he had been adjudioated a bankrupt, and Granted to know what had become of the money be had received from White and Co. Accused said he had £40, : and after a time brought it to witness*! * Witii®ss asked him several times for .a statement of. his accounts, but could get nothing at all, definite from him. He bad filed no statement of his estate. Witness had sole control over the : estate of accused. Ac r ..

Clued had given him receipts for money amounting to about £3O. Was ' .‘present at the first meeting of crediih'Geraldine and requested accused to account for the amount, hut he foiled to. do so. jv ’ Robert Henry Pearpoint, merchant,. at Geraldine, deposed that on the date of accused being adjudicated a bankrupt he was indebted to witness |in the sum of £79 lls lOd. ,It had been •owing him ever since accused.left the Hotel in September. Remembered seeing Johnson on the 17th April, the day he got the cheque for the sale of * his property/- Asked him when he would pay. '; He said; his wife had the ’ mtfdey, but 'made da' appointment to meet witnessin the afternoon. Witto his house twice.to see fMwiribut he wap not about Saw Mrs , both times. Saw accused - ‘next day, aiid asked him why.' he had not paid. • He replied he could not, - as he hadpaid the money all aivay in Joans. j;|iyonld not , tell witness to twhom lu Jiiid paid it. Witness bad Hot bwl p»id at all. . Witness preaentdd the' petition,; and had Johnson adjudicated a bankrupt Saw him in company - with the Deputy Assignee on the evening of this'bankruptcy. Alttn 'B. Hawkins, manager of New South, Wales, Geraldine, produced ; Wo. cheques from White and •Co. and £.12 10s, drawn in Savor o£ Johnson. Mrs Johnson had •obtained the cheque. The other >■ cattte'through thdßank of New !Zea- ■ -land. Dr R. Eisb, sworn, said he;remembered on the 27th April last attending the accused with the Deputy; Official. Assignee. Accused waa-.told ha had been adjudicated a bankrupt' and was asked to hand over . -the plofeeeds of the sale of the hotel. He went away, and shortly afterwards returned with a roll of notes., . He said; he .had paid the other axotipj away. ■

Thomas Markham, licensee of the Crown Hotel, Geraldine, said he took possession of the Crown Hotel on the 26th August, 1887. The accused had occupied it previous to him. Accused was witness’s landlord for some time afterwards, and had resided in Geraldine ever since. Witness was paying accused £l7 17s 6d per month rent. Had contra account against this for goods accused had had from him. Continued to pay the rent to accused for some time after the sale of the hotel. James Turner, cordial manufacturer, Geraldine, stated that accused was indebted to him for about £l2 10s shortly before his bankruptcy. Saw him after be had received the money for the sale of the hotel, and asked him if he could square his little account. Saw him three different times, On the first occasion he said his wife had the cheque- and when she got it cashed, he would pay witness. On the second occasion he said he would see witness all right. He should get paid if no one else was. On the third occasion he said he would see witness —— first. After that witness took out a summons, and the money was paid into Court. . TV Wilson Smith, solicitor, Geraldine, said that from January to the month of June he was managing Messrs White and Co.’s, solicitors, business at Geraldine. Acted on behalf of Mr Smithson, the mortgagee of the hotel, in the sale of the pro: perty. The sale was effected on or about the 18th January last. Johnson received the rents to the end of February. The balance of the, purchase money was received by witness on the 16tb March. After amounts owing a balance was due to Johnson of £157 Os lOd. Paid Johnson a cheque for £145 on the 16ch March, and a cheque for £l2 Os lOd in settlement on the 17th March. The payment of two cheques was caused by an adjustment of accounts being required. Johnson asked for a cheque on the 16th, and witness gave him one on account. Witness believed the cheques had been cashed. Johnson had not to the knowledge of witness any other assets for his creditors. Waited on accused on the 27th March last with Mr Beswick, and demanded the money on Mr Beswick’s behalf. The accused went away and brought back £4O in £lO notes. Asked him for the rest of the money and be replied that it was all that he had. Gave Johnson a copy of the order adjudicating him a bankrupt on May Ist. The Deputy Assignee, being recalled, produced the receipts furnished him by accused. This was the case for the prosecution.

Accused reserved bis defence, and was committed to take his trial at the next sitting of the Supreme Court in Titnaru. Bail was allowed—accused in £SO, and two sureties of £25 each. The Court then rose.