R.M. COURT

Wairarapa Daily Times, Volume X, Issue 3289, 22 August 1889, Page 2

R.M. COURT

MASTEKTON-THURSDAY. (Before Colonel Roberts, R. M.) Breach of tub Bankruptcy .Act, Charles Edward Beckman, a bankrupt, was charged with attempting to leave tho. Colony with property belonging to his creditors. Mr Bunny appeared for the Deputy Assignee, Mr W, Sellar; Mr Beard appeared for the accused; and Mr PoH'iwll for the petitioning creditors. Mr Bunny, in opening the case, explained tho circumstances which led- up to the pros"e(JVprosecution. Accused had received a crossed cheque for 1522. To enable him to cash this, Beckman opened an account with the Bank of New tiouth Wales, and shortly after withdrew £5lB of it in notes. Ho understood Beckman at this time hid an account at another Hank. Beckman collected all monies due to him that he could.and made arrangements for getting clear, He came into Ifasterton, and, apparently to give his creditors the slip, he took train at Jiuripuni for Wellington. Several of his creditors being in the train accused, just as the train was leaving Kaiwarra, jumped out and gave them the slip. He went a round about way back toEketahuna, and arranged for his family to tollow him to Auckland, which they did. There accused was arrested, LB3 being found on him and his wife gave up the sum of L 250. His liabilities amounted to LBCI, and he had left' nothing worth speaking of to meet them, All he wanted to'show was a prima lacie case sufficient to warrant tho Court in committing the accused for trial.

Joseph J, Freeth, Clerk of the District Court of Wairarapa, was called, anil produced an order in Bankruptcy, adjudicating accused a bankrupt on tue petition of Castendyke and Focke, merchants, of Wellington, and others. Tbo affidavits in connections with the case were also produced, but were not put in in evidence by Mr Bunny, William Sellar stated ho received the notico produced from the Clerk of the District Court, and took steps immediately to call a meeting, The statement produced was made up by him from the proof of debts received. Mr Beard objected to the statement being put in, It was not a proof of debt. The statement was headed " A statement under the 59th section of the Bankruptcy Act," and required to be signed by the bankrupt,- which had not been done.

Mr Bunny said he did not profess to put it in under that section of the Act. It was merely a statement prepared by the Official Assignee as far as be could learn of the position of the estate.

His Worship said he would accept the statement and note Mr Beard's objection. Witness' examination was continued, and Mr Beard demanded that the proofs of debt themselves should be put in as evidence, He objected to the verbal evidence of the witness being accepted in tbeir stead, Tha proofs were then put in on the ruling of the Court as follows :-Dr Milne L 3 9s Od, Smith and Hogg LI lis Gd, Joseph Dixon LIG lis 9d, A. G, Thompson L7l3s 4d.C. Goddard L2los, -H.AaliuLlO 8s lid, Tumor and Co LIS 10s, B. Syverson LlO 10s,-Neale7sod,H.E.Eton lis Gd.Hy, Burling L 29 5s lid, Zohrab ACo L 25155, J. Jack and SonsL2l 8s 6d; Dunedin Brewery Company" Lsl 13s Gd, and the petitioning creditors L 76195, and other creditors not yet proved. Witness said he had seized stock-., in-trade value L 9, and ascertained' that a sum of Ll6 was due on a section of land. Thi books debts he valued at LSO, and money handed to him by the police L 278 5s lOd. Apart from the cash received from . the police the estate would scarcely produce oue shilling in tho pound. Had this morning given notice to the bankrupt to furnish a statement in the estate.

Cross-sexainined by Mr Beard:— Had not served the notice personally. The proved claims amount to L 271. Hd got in L 4 of book debts. Had laid the present information as Assignee for the estate. A Gazelle notice of tho bankruptcy published in the Wairarafa Daily, dated August 2nd, was pat in, Arthur Focke, of the firm of Castendyke and Co,, said ho was a petitioning creditor. Accused was \ indebted to his firm to the extent of " £77 or thereabout. Had dealt wtih them about two years. Had been a satisfactory customer up to tho present, A month or two ago thoy obtained judgment against accused (hut not satisfaction) for about J3O. W. J, Hirschberg, law clerk, said ho know the accused, and was aware ho recently sold some property to Mr Toohill. The purchase was completed in Mr Beard's office on 28rd July Inst, and was couoluded by witness, Mr Pownall handed him a oheque for £52219s Gd, balance of £BOO the purchaso money, the property being subject to a mortgage to tho Groytown Building Society, which Mr Toohill took over. ' Witness handed the cheque, which was a crossed one, to Mr Beckman just as lie received it.

.Cross-examined; Tho property stood in the name ot Mrs Beckman, and she transferred it over to Mr Toobill, The certificate of title was in her name.subject lo the mortgage, & The transfer from Beckman to hisr wile took placo some months ago. Could not say for certain. The property had been in JJeckman's possession about three years. J. H. Rowe, accountant at tbe Bank of New South Wales, said Beckman opened an account at their bank on 24th July in his own name, and placed to his credit a chequo-'i. drawn by C. A. Pownall in favor of Toohill and Beokman. for 10s Cd. As soon as this was completed, beobtaiued a cheque book and withdrew £5lB in notes, leaving to his credit £\ IDs fid, Subsequently Beckman drew a cheque for £i, . which was paid August 1. The account now stands 19s 6d to credit. The cheque for £4 was not paid ta Beckman,

(Left Sitting), Another Divorce Suit. Mr George " Abbington " who was one of the co-respondents* in the abortive divorce proceedings which that amiable young man Lord Ailesbury. initiated against his "missus" somo time ago, now figures in the same attractive, but expensive, role in another matrimonial tragedy. The lady on flip present occasion js a pretty and fairly capable actress, known 'to the public as Agnes Hewitt. Sho is the daughter of an Mian officer who fell at Luclmow, and was married to your acquaintance, the hteLytton Sothern. Two years ago be died,

and six monlhslatcr his disconsolate widow wedded Francis or Frank Darbishiro, tho brother of the famous Oxfor stroke, and himself a "orack" . crickotor and an indifferent playwright, Somo little tiiiio ago the Darbishircs got to know George Baird, who provided tho coin for the fair Agues's disastrous seasons at the Olympic Theatre. Mr Darbisbire .now accuses his wife's benefactor of loving ber" not wisely, but two well," for a decree nisi, and fixes Fsolatium for his wounded feelings at tho modest sum of LIO,OOO. Tho trial will excite considerable attention ai all parties ta^w suit are wellknown,— Dunediirsiar Special.