THE COURTS.

Timaru Herald, Volume CXXIII, 22 March 1926, Page 10

THE COURTS.

UNUSUAL, CASE-AT GISBORNE. . GISBORNE, March 19. An unusual- case came before the Magistrate (Mr Levvey), to-cl'ay, when George Campbell, a drover, who became bankrupt some time ago,-appeared on a charge that, being a bankrupt on November 6, 1925, at Makauri. with intent to defraud .his creditors, lie concealed the mare Cyiialia sine© the date of an unsatisfied: judgment .by Robert Foote, on Jiny '27, 1925, and further on September 8, 1925, he did not to the best of his know lege disclose, "to the assignee all his property, and for what consideration he disposed of' the mare Cynalia, and , further on November (j, 1925, he fraudulently removed the said mare. Accused pleaded' not guilty to all the charges, and elected'-to Ec dealt with smnirinrily. - , ■ ■ Mi\Nolan, for the prosecution, said ' the information was laid under the Bankruptcy Act. On July 22, 1925, judgment was obtained by Foote for services rendered in training Cynalia. ,0n August 28, Campbell became bankrupt’ on'liis'own petition, but 'it would appear that -no disclosure was made that lie owned the mare. At the meeting of creditors one-asked-him what he. had done with the mare, and he said lie lujd sold the filly' to' his. sister for £‘ls. Evidence would he given that Mr; Rodden. of Runtoria, was in Gisborne for the Poverty Bay Club’s races and Vn-day or so before the races Campbell met Redden and told him ho had a mare he did not know what to do with- and desired' to' lease the animal. The’ parties later entered into an agreement to lease. On November. 6, the two obtained the registration form from the New Zealand racing conference iirnl an agreement to lease the mare for, three-years "’as entered into, Campbell to receive 15 per cent of the winnings over' that period, Rodden having the right;'to purchase at £3OO. .After evidence had been given hearing out Counsel’s statement, Charles B acklmrn, Deputy Official Assignee. I said Campbell never mentioned tlic° filly | in lii s statements. AVitness discovered j by accident 'that mare had been leased | by Campbell, s o lie communicated with j the New Zealand Racing Conference. | obtained particulars of the lease, and 1 subserviently’sold the mare to Rodden for £3O.

For the defence Mr. Brosnahan sai< Campbell was being pressed for money and sold the marc to his sister a few days before the bankruptcy, and usee the proceeds, amounting to £ls, to file It was admitted that Campbell signee the lease, but he acted for his sister as he had done in previous deals. Couriel said the terms of the least were drafted by Miss Campbell. Accused gave evidence supporting the statements of counsel. Witness was severely cross-examined by Mr No'an. After other win tosses for the defence had boon heard, the Magitrate said, in the court of his judgment: “1 may say at once I believe neither the defendant nor his sister. a s the discrepancies in the evidence arc so great.as to make their story nebulous. In mv opinion the documents have been executed with apparent .skill, hut not sufficient skill to deceive the Court. Tln> story is not acceptable t.o me, and I do not accept it. Accused would be convicted on tli roe cl larges.” The Magistrate told accused his previous good record alone saved him from a sharp sentence, for that kind of thing would not be tolerated..' Tie would be convicted and admitted to probation for two years, conditional on taking out a probation order, n.nd paying tbe costs of the prosecution.