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Westport Times, Volume II, Issue 222, 17 April 1868, Page 2

Inquest at Trimble's Nelson Hotel. Yesterday afternoon, Dr Giles held an inquest on the body of David Badcliffe, a miner, whose melancholy death we reported in our yesterday's issue. A verdict of "accidental death" was recorded.

Funeral at "Westport.—The remains of David RadcliiFe, the poor fellow who met his death by the aecidental giving way of some ground in his claim, and to which he had only lately bought in, were brought from Addison's yesterday, and interred in the Cemetery, the Rev. Mr Harvey officiating. Several of his mates and friends came from Addison's and followed him to the grave. "We understand that the man whose share he had so lately taken was one of the men who were forced to sell out of Addison's owing to the late disturbance. New Zealand Gazette.—We are in receipt of a General Government Gazette, of the 3rd inst. It contains amongst other matters, a memorial from the inhabitants of Timaru, in the province of Canterbury, praying to be constituted a borough under the provisions of the "Municipal Corporations Act, 1867." Mr Moorhouse appends a note stating that he does not dissent to the prayer of the petition. Also an act to amend the Merchant Shipping Act of 185*. ° John Penn and Kennedy.—The trial between these two favorite steamers on the Bth inst., resulted, as was anticipated, in favor of the John Penn. She won by 1 hour 30 min. Westland South Election.—The West Coast Times of the 14th reports as follows:—"We understand that MrFitzGrerald, the Eeturning Officer, has a telegram from the Colonial Secretary's Office,instructing him to hold over the return of the writ until after the 15th instant. He is, we believe, informed that the time for the return of the writ will be extended for a month, and that in the meantime a special poll will be ordered to be taken at Okarita. Until the Order in Council is received no return to the writ will be made. DISTRICT COURT. (Before his Honor Judge Clark.) sittings in bankruptcy. Thursday, April 16. in re anderson. Mr Tyler appeared for the petitioning creditor, in support of the petition. Mr Pitt appeared for bankrupt. Mr Tyler, in support of the adjudication, called the petitioning creditor, Mr M'Carthy. Ihomas J. M'Carthy, said—l know G-eorge Anderson. On 26th February

I advanced him £IBO for which he was to give me a bill of sale over his property, and five acceptances to the amount of £238, and also that I was to supply him with goods at cost price for five months, and all ©rated waters at half the selling price. I also agreed to pay the debts he owed at the time amounting to £4O odd. I was put in possession on the 29th February until the bill of sale could be drawn out, and although Anderson often promised to meet me to execute the bill of sale I never could get him to do it. On 17th of March I missed Anderson from his usual place of business, and I was told by Mrs Anderson that he might be away four or five days, or months, but she could not tell me exactly, and I was told by a man named Tomlinson that I had no business there, as the property had been conveyed to Anderson's wife. She was appointed trustee. I then took the key of the back-door out, and told Mrs Anderson I was in possession from her husband, after that I found the man I had left in possession was gone, and never has been seen since. The first acceptance for £6O has been dishonored. I also paid £32 7s 6d to another creditor, as I had promised Anderson to do so. On the 18th March I received a notice from Mr Johnson, a solicitor. On the following Sunday I shut up the place, and Mrs Anderson broke open a window, got in and turned the man I had left in charge out. I then came to Westport, saw Mr Tyler on the matter, and petitioned for an adjudication of bankruptcy against Anderson. I served this notice on Mrs Anderson, and on the 25th March the place and property were advertised to be sold unreservedly. Mr Whitefoord then went down to Charleston—sent from the court here. The auctioneer was cautioned by Mr Whitefoord, the provisional trustee's agent, but the auctioneer persisted in selling goods to the amount of £lO. The goods were delivered to the purchasers at the fall of the hammer, and in Mr Whitefoord's absence—he having gone to seek the protection of the police. He again cautioned the auctioneer, and he desisted. The place then remained in the possession of the man in charge, when Mrs Anderson went in and • blackened one of the man's eves.

By Mr Pitt—l am in the same trade as Mr Auderson. I swear Mrs Anderson never offered me £IOO. She did not offer me .£2OO a few days ago. She told me she would pay £2BO if I would return the valve of the machine, which valve I knew nothing about. I do not know where Anderson has gone to. Ido not believe he has gone to Tokomariro. I was told by one Bain, a storekeeper, that Anderson had sold him some goods at half-price, and that Anderson had told him that he might go either to Tokomariro or to Queensland.

Ee-examined—Mr Bain in the conversation referred to, stated that Anderson had absconded from Tokomariro.

Mr Parker, a brewer, at Brighton, proved that a bill due on the 17th March to him by Anderson had been dishonored. I afterwards saw Mrs Anderson, or Monk, in the Buller, when she promised me payment if I waited. I wished some security. She told me I must trust to her honor, and that Anderson had gone to Tokomariro. I have every reason to believe that Anderson is keeping out of the way to evade his creditors. Charles Tomlinson—l do not know that Anderson absconded from Tokomariro. I have heard so. Before Anderson left Charleston he appointed me a trustee of the property for the benefit of Mrs Anderson, to secure the property to her if her creditors pushed him, but he thought he should be able to pay M'Carthy's two first accept, ances.

This closed the case for the petitioning creditor. Mrs Anderson, the wife of the bankrupt, made a long statement, but from the rapidity of her utterance we could only catch the following : —When my husband left to go to Tokomariro, where he had a place let at 25s per week, I engaged a man and carried on the business until the valve bf the machine was gone. I offered to pay Mr M'Carthy £6O, or £4O on account of the first bill. When 1 offered to pay M'Carthy I had the money to pay him, but M'Carthy put up his hands and said it is not with you I want to treat. I cannot tell the amount of debts that are due to my husband.

By Mr Tyler—l received moneys on account of my husband after he went away—about £lO or £l2. When I offered to pay M'Carthy, I had the full amount of £238 to pay him in my possession. His Honor thought quite sufficient evidence had been adduced to substantiate the adjudication, and the rule was

made absolute, and he was sorry that such a case had been brought before him. His Honor withdrew the protection granted the bankrupt. IN BE FRANK FISHEB. Mr Tyler applied for the money, the proceeds of a sale of timber, &c, sold under a distress-warrant at the suit of the Union Bank, to be paid to the clerk of the court to enable him to satisfy the warrant. The application was granted. IN BE THOMAS DWAN.

Mr Pitt applied under the 98th sec. of the Bankruptcy Act, for his Honor to affirm the appointment of Mr Bobt. Millen, as trustee.

IN BE KING AND COWLEY. Mr Pitt made a similar application to the last, whereby Mr William John Paxon was appointed trustee, and last examination was fixed for the 2nd of June. IN BE HENRY ELMES CAMPBELL. Mr Pitt made a similar application, whereby Mr James Britton Clarke was appointed trustee. IN BE ALCOBN AND CO. Mr Campbell applied under the 74th section of the Bankruptcy Act, to move upon an affidavit that the incidental costs of filing and adjudication be paid out of the estate. Order granted. IN BE WM. COURTNEY. Mr Tyler wished his Honor to appoint a public sitting of the Court, at which the bankrupt might pass his last examination, and to make an application for the order of his discharge. The Ist May was the day fixed, to be adjourned to the 2nd June.

IN RE ALCORN AND CO. A similar application was granted in this estate. Mr Tyler made the application. IN RE SAMUEL SAMPER. Mr Tyler, for the bankrupt, whose estate had been taken out of court, applied for tbe order of bis discbarge. No opposition was offered to tbe final examination, and tbe order for discharge was immediately granted. IN RE BEBNHARD ROOEES. Mr Tyler made a similar application to tbe last, but wisbed his Honor to enlarge the time for the last examination until tbe 2nd June, owing to the non-appearance of the bankrupt. Further protection granted. IN RE THOMAS DWAN. The bankrupt passed his final examination and was discharged. IN RE PATRICK SCALLEY. The bankrupt passed his final examination and was discharged.

IX BE LEOKARB WHITTrXOTOU". Mr Campbell appeared for the bankrupt, who passed his final examination and was discharged. W BE JAMES HAYES. Mr Campbell for the bankrupt, who passed his final examination and was discharged. IN BE EREBERIC JONES. The same as the last. Discharge granted. IN BE CHARLES MARTIN FOX. Discharge granted. IN BE HUGH ROBERTSON. Discharge granted. The Court will reopen at II a.m. this day. RESIDENT MAGrISTKATES' COURT WESTPORT. (Before T. A. S. Kynnersley,Esq.,R.M. and Dr. Giles, R.M.) ASSAULT. NAYSMITH Y. BUPEy Edmund Duffy charged with assaulting one Thomas Naysmith, appeared to answer the charge, the principal part of the reported prosecution was in our yesterdays issue. Mr "VV. Pitt appeared for the defendant. Charles Bryen, sworn—l was in the procession on the 3rd, I saw Duffy whilst the procession passed through the town, he was looking on. 1 saw him throw no stones. This closed the prosecution. Mr Pitt for the defence called, Mary M'Loughlin, who deposed— On the 3rd inst. I saw the procession pass my house, which is situate about two miles this side of the township. The men were singing the " red white and blue." I heard the words " Ireland is conquered for ever. Down with the green, up with the blue." I swear to the words. I cannot say that every one joined in. I was about four yards from the procession. Mary Kinnevan, said, —I saw the procession come into Addison's, they were singing the " red white and blue," but I also heard the words, " Ireland is conquered for ever, three cheers for the red white and blue." I did not see the row begin. I know Hooker. He told me on Saturday last he did not return with the procession, Someone told him that as he had altered the colors in the flag, he had better not return to Addison's.

By the Bench —Hooker told me distinctly that the colors were altered at Westport, and that he did not return with the procession. Jane Augustin gave similar evidence but thought only one or two were singing the words refering to Ireland. Tracy said —Defendant was only ■out of my sight a few minutes from the time the procession appeared. I ■did not see him throw a stone. If he had thrown I must have seen him. The Bench sentenced the defendant to 21 days' imprisonment with hard labor. The Court then adjourned until 10 a.m. this day. '