CHARGE OF CONSPIRACY AGAINST MR. GEORGE LEWIS.

Westport Times, Volume III, Issue 376, 14 October 1868, Page 2

CHARGE OF CONSPIRACY AGAINST MR. GEORGE LEWIS.

In the Resident Magistrate's Court, Hokitika, on Monday, George Lewis surrendered to his bail to answer to the charge of conspiring with one John Lewis to defraud his (John Lewis's) creditors. Mr Harvey appeared for the prosecution, and Mr Rees for the defence, and the following particulars of the evidence are taken from the West Coast Times of the 6th:— Charles Garnett stated that he was an ironmonger, residing at Charleston, and that he was in the employment of John Lewis in May last. On the 28th of May, George Lewis came into the shop, and stated that he had bought the place. Witness made no fresh arrangement, but continued to act as salesman in the shop, considering himself in the employ of George Lewis. John Lewis did not tell witness that he had sold the shop to George Lewis. Continued salesman in the shop until about two weeks after George Lewis came. There

Was no difference in the manner of con ducting business after George Lewis came, with the exception that the name " John" was crossed out from th( invoices, and the name " George' substituted therefor. Witness did this without any instructions from John Lewis, but simply on the assertion o] George Lewis that he had boughl the place. John Lewis returned fron Melbourne while witness was in the Hokitika store. George Lewis was in Hokitika about two weeks, The name over the door was not changed while witness was in Hokitika—the only alteration in the business being the changing of the name on the invoices, "Witness did not know if any alteration was made in the banking account. When J.Lewis returned from Melbourne witness went up to take charge of the Charleston store. The arrangemenl was that he (witness) -was to relieve George Lewis, who had gone up a few days before to take the place from the man then in charge, because he (the man then in charge) wished to go tc Melbourne. There was not a particular heavy stock in the Charleston store. Witness could not say, without referring to the books, what quantity of goods was sent from the Hokitika store to Charleston during the fortnight George Lewis was in the former place. Witness did not know whether any change had been made in the arrangements in the Charleston store before he came, butwhile he was there the business was carried on the same as in Hokitika. Witness while in Charleston partly paid himseli wages out of the takings. In Charleston his wages were £4 per week, and in Hokitika £3 per week. Witness thought, but could not possibly 3ay, that he made the arrangement about going to Charleston with John Lewis. Witness went to Charleston about three weeks after John Lewis went to Melbourne, and arrived at Charleston on the 19th of June. Continued in the employ of George Lewis until the 14th August. On the 13th August John Lewis came from the Buller and stopped in Charleston an hour or so. He inquired from witness what was doing in the business. There was at the time between £6OO and £7OO worth of goods in the store, about £l7O worth which came from Hokitika. There had been ;an auction sale about a month prioi to witnesses arrival at Charleston. Mr Dwan was the auctioneer. John Lewis after inquiring on the 13th of Augnst 'how the business was getting on went to Brighton to see his brother. John and George Lewis came to Charleston together the next day. Witness on that day made arrangements to buy t'ie Charleston stock and store. The arrangement was that witness was to purchase the whole concern as it stood, tc pay for it partly in cash and partly in bills. The gross sum to be given was £B4B. Witness paid to John Lewis a deposit receipt on the Bank of New Zealand, Greymouth, for £SO. This deposit receipt was made out in the name of Joseph Gleave, a cousin of witness'. Gleave gave it to witness in Hokitika, and told him to use it if he required it. Witness also got credit foi £27 4s, which amount was owing to him for v a jes. On the following Monday witness remitted to John Lewis a draft for £2O. Gave John Lewis bills to the amount of £4OO, payable at the rate oi £BO a month. The bills, although given to John Lewis, were made payable to George Lewis. John Lewis wrote the bills and witness accepted them. George Lewis did not endorse the bills. The only reason the Lewises gave for wishing to dispose of the place was that it was not paying. Witness bought the place because he thought he could make it pay. About a third ol the goods in the Charleston store were sent up from Hokitika. Some goods came from the Buller store previous tc the auction sale. The Buller store was at that time closed. Witness had got a receipt (produced) from George Lewis for the money paid and bills given. It is in John Lewis's writing, and was sent to witness about aTortnight after the transaction. The book debts which witness purchased amounted to less than £5. Witness never got any other receipt than the one produced in Court. (Mr Harvey here asked the witness to re-consider his answer.) Witness after a pause, stated that he did get a receipt from John Lewis, but he considereel it merely as a memorandum oi agreement, and in answer to a question irom Mr Harvey, said he did get a proper receipt from John Lewis. The receipt he believed was in Charleston. Witness knew the business did not belong to John Lewis, because George Lewis's name was over the door. When John Lewis got the money and cash he went back to Brighton. The receipt produced in Court was sent from Hokitika. Only one of the bills have been met, the second one is not due. The bills ;are now to witnesses belief in the possession of the bank.—

William John Weir, and Thomas Quinn having also been examined. Mr Rees stated he would reserve his defence, and the prisoner was committed to take his trial at the next sessions of the Supreme Court, holdeu in Hokitika. Bail was allowed.