DISTRICT COURT.

Wanganui Chronicle, Volume XXV, Issue 10234, 26 June 1883, Page 2

DISTRICT COURT.

Monday, 25ih June. (Before His Honor Judge Hardcaslle.) GRIMINAL BSINESS. The sittings of the District Court for transaction of criminal business opened at 10 o'clock yesterday morning, before His Honor Judge Hardcastle. All the common jurymen who had been summoned and served duly answered to their names, with the exception of John Bremianand CiaudeSyer, who were each iiad4o3, unless they attended and showed cause before the rising of the Court. — Mr Brennan shortly afterwards attended, and made an excuse, and had his fine remitted. FRAUDULENT BANKRUPTCY. Lewis Lyons Levy surrendered to his bail to take his trial, and wan indicted for having, ou the 7th April last, within four months of his bankruptcy, fraudulently removed certain goods of the value of £10 and upwards. —Mr Hutchison prosecuted ; and Mr Cooke defended the prisoner, who pleaded not guilty. The following were empanelled as a jury :— Edward Chaplin, J. J. Lawlor, Charles Kelly, Joseph Kuscoe, Hu~h Black, L. W. Cbiildicotfc, 0. W. Bui-don. H. L. Nicholas, John Hewitt, Samuel Austin, J. D. Quin, W. H. T?lyger. — Mr Nicholas was elected Foreman. — On behalf of the prosecution Messrs James Laird, P. L. Sim, Thomas Bruntlott, M. A. Noill, Kichard Menhennet, and W. Timrus were challenged; and ou the part of the dofence Mes9rs D. H. Low, James Sowe, John Phillips, Charles Staffan, Thomas Bamber, John Goodo, Benjamin McCaul, John Cooper, VC. J. Kifcson, and A. T. Whitteui were objected to. Mr Hutchison, in opening the case for the prosecution, explained that a case of this kind had an iuiportauca far beyond itsindividiialcireutnstances. The learned counsel briefly explained the nature of the evidence which would be adduced, nearly the wholo of which was hilly reported in these columns when the case was be-' fore the Resident Magistrate, and called the following witnesses : — . G-. W. Woon, clerk of the District | Court, produced the papers tiled in tho j bankruptcy of L. L. Lo\y, ::iclud;u<r the declaration of insolvency und afiHavit verifying statement of us'dots and liabilities, bofcb. of which were tied by dafendwit iq person on the 13th .April. '■Jil'mrt '.iiatf, the J.P. bef'ora whim tin; <,''-(;',ir.i!ior; v.-as si;vno(i. wu,s uiii;d, ! bii 1 i!vl u.jt anno ;r.

Mr Oooke, on the prisoner's behalf, admitted the signature. David Hogan, carter, proved taking 14 packages, by prisoner's instructions, from the latter's residence in Harrison- ' street to Mr Freeman B. Jackson's store, and afterwards to the wharf. The packages were addressed " Mrs L," and witness saw prisoner and his wife putting the addresses on them. iH3« John Gouchman, shipping clerk to Mr F. B. Jackson, agent for the Kowena, proved that the prisoner shipped 14 cases .by that steamer for Onehunga on the 7th of April. - ':'-'•'-•: James Brockman, manager for Mr Johu Anderson, proved that a chest of drawers, a music stool," three yards of felt carpet, and a toilet set (part of the contents of the packages) were purchased from Mr Anderson's establishment in January and February last, but were not paid for. They were bought by MrsLevy, but booked to the prisoner. Mr Anderson proved in the bankruptcy, and received a dividend. ' •• Charles Bitt, wharfinger, stated that on the 7th of April the fourteen packages were received by him from Hogsn, the carter, and despatched by the Bowena for Onehunga. They afterwards passed through' witness's hands on their way back from Onehunga to Wanganui by the same steamer, and were delivered by him to Mr Dakers, the trustee. I William Nicholson, salesman to Mr Waring Taylor, Avenue, proved that, Mrs Levy purchased on the 18th January last a set of fireirons, and a pair of carvers. They were not paid for, but, by Mrs Levy's directions, were charged to the prisouer. Mr Coveney, Waring. Taylor's manager, had proved for the debt and received a dividend. W. H. Nettleship, jeweller, Avenue, "was -called "to "prove"- that two" musical boxes (p»rt of the contents of the pack" ages) were'wbrtb £3 and &4 respeqtively. William Dukers, trustee in the bank-, riiptcy, stated that he" took possession of the fourteen cases under an order of the' District Court, and received them from Mr Batt.'the wharfinger. Amongst the contents of the packages were the goods referred to by the' witrie&ses, Brockmau,' Nicholson,. amTNettlesbip. There were also billhead's of the',p'risoner's,"a photograph of his premises, a signboard, bottles of wine, and, a. quantity of packs of playing 'cirdsi of which Detective Benjamin , took ; possession. Witness claimed all "the goods as part of ' the estate, but had received a. claim for part of them froiri other persons. In crossexamination by Mr Cooke, the witness said that he was the prosecutor, but not by order of the creditors or anyone else. 1 Witness had an indemnity from one creditor (Mr E. B. Ward) as to the consequences of any steps ho might t»ke against the prisoner. Mr Ward had received a composition of ; 10s .in the pound on his claim. :j Proofs of debt had been received from persons since the 10s was. paid. They .included Mr Boss's claim, which witness—allowed though prisoner disputed it, and JMr Duncan's, which. ( witness disallowed. The present information was laid against the prisoner before the , creditors, passed the resolution accepting the lbs,, and agreeing to hand over the estate to the debtor, and witness considered that.he had- no power to withdraw from the prosecution. He had no feeling against Mr Levy, and was simply acting^in discharge of his duty. ; - ; -*L i Detective Benjamin stated .that he took.ppssession, of the playing cards, as they were unstamped. There- were 31G packs, each, valued at Is, without the stamp. ' W. S. Fleetwood gave evidence as to the value of the! port- and. champagne found in the packages. This ' concluded the case for the proi secution. I Mr Cooke addressed the jury for the defence, and -contended that there was no evidence of fraudulent removal, as 'hey were taken from Wanganui in a very public way, and that when the goods were sent away the prisoner had noin tentiohwh&tev.er of filing. Itcould be shown; also, that many of the goods were not the' prisoners* property- at all,-and that others Jwero purchased . without his knowledge. The prisoner had settled the contents of his house tin Harrison-street upon his wife, arid she removed' them under the impression that they belonged to her. The creditors had accepted 10s in the' pound, and these very goods had been pledged to raise that amount. The sole object of the (prosecution was the gratification of vindictive feeling against the prisoner. 411 the creditors, except in the case; of one or two disputed claims, had been paid, and, at the time the composition tras accepted, the trustee could have withdrawn the information had he so pleased. Charles Aamodt, the attesting witness to the deed of settlement on Mrs Levy, dated in February, 1881, proved the prisoner's signature. Mr Hutchison replied on behalf of the prosecution, and pointed out that there was , really no defence to the charge. The deed just alluded to was a voluntary settlement, and not good until 3 years after date, and not one of the articles mentioned in the indictment were included in the deed. The various matters referred to by Mr Cooke had been wholly unsupported by evidenoe, and should be dismissed from the jury's minds. The evidence clearly Bbowed that the prisoner was well aware, when the goods were sent away to Ouehunga, that they were part of his estate, and the faot was that six days after they were deppatched the prisoner filed bis sohedula, admitted several hundred pounds worth of liabilities, and did not include these goods in his assets. AU this was consistent only with fraudulent intention on his part. Whether there were creditors left iv the estate did not matter at all ; the law was very plain on the subject, and the trustee was prosecuting simply in discharge of his duty. , His Honor summed up a-i 1 went through the evidence, and p 'iated out that the' jury must be satisfi il that the goods were removed within f '■ur months of bankruptcy, that they were of the value of ifilO or upwards, and that they were removed fraudulently. The motive of the prosecution waa not for the jury to consider, unlsss they thong lit that the malice on the pave of the v/ituesses was so great that they could not be believed. The jury retired to consider their verdict, and, after an absence of an hour and twenty-fiVe minutes, found the prisoner guilty. His Honor said that tt.e prisoner bad boon found guilty of as plain and flagrant an act of fraudulent bankruptcy as ever came under bis notice. The offonco was not one that could be punished with anything I; ke a nominal sentence, and the prisoner would therefore be sent to hard labour for nine calender months. BANKUUVTCr CASES. I lie Gr. F. Mansell. Mr Esarn applied for an order declaring the deed of assignment completely executed. There was no opposition. Order made. lie Edward Anchor. Application for order of discharge. No appexranoe of debtor. Case struck out. — Subseqnontl}' the debtor attended, .and his Honor directed tlio appVeation to bo reinstated iv the list for the next dny. Tfs Cornelius Burnett. Application for order of diflehnr.ye. (n the absence ot tho debtor, aurl on the .'ijvplicatirm of Sir i'lKolu^x-i ■•>:< !>•.- b^iistf, sin- ,-;t,-fj vtnx ailioiim ■?. <: ihi- fnji >A'nU' i-.v.

He Is. L. Levy. Application for a warrant to bring up the debtor's wife for examination. — Mr Hutchison said that by arrangement with Mr Cooke (debtor's solicitor) he wished the case adjourned till the following morning, and hoped tbat in the meantime matters would be so arranged that the application would be rendered unnecessary.. Case adjourned accordingly. lie lliohard Menhennet. Mr Hutchison, on behalf of the trustee, Mr 8. Wright, applied for a warrant to bring up Mrs Julia Menhennet, debtor's wife, for examination. In. support of the application an affidavit 'of the trusted was filed, explaining what took place oil- the 20th - instant, at a meeting of creditors, when the wife was present, . and absolutely refused to give evidence. I His ; Honor directed & summons to be • issued, under 'section 173, to direct her attendance on the following morning for examination^ " ' ' ','"'' "Re George Beayen. Application for an order" 'directing the trustees to wind up, the estate. Mr Hutchison for the applicant ; Mr Betts for the • trustees. Adj ourned by consent to . the following day. lie L. L. Levy. Petition by the trustee, Mr Dakera, for- directions aa to disposition of the estate. 'Adjourned till the following morning. '•'■•-> r The Court then rose. • ■■' ■' ?'