The Argus at KellyGang 19/2/1878
CENTRAL CRIMINAL COURT OLD COURT-HOUSE
MONDAY, Feb l8
(Before His Honour Mr Justice Fellows) Mr C A Smyth prosecuted for the Crown FREQUENTLY CONCEALING GOODS Morris Unger was charged with fraudulently concealing goods belonging to the estate of Davis Goodman, of Winton, hawker and general dealer Mr Molesworth appeared for the defence The evidence for the prosecution was that the insolvent had carried on business as a hawker and general dealer at Winton. His estate was sequestrated on the 19th October, showing debts £649, and assets to about £340. On the 6th October Mr C W Smyth, a job warehouseman in Melbourne, to whom Goodman owed about £110, took out a debtors summons against him, and went to Benalla by train for the purpose of serving him. He met Unter at the railway station, and they both went to Benalla.
Mr Smyth noticed that there was about £400 worth of goods in the insolvents store. There was some conversation between Unger and Mr and Mrs Goodman, and then Unger said to Smyth, "Goodman can't pay your account." Smyth replied that he had 14 days to make up the amount, and he seemed to have a good stock. Unger turned to Goodman and said, "You cant pay him, go insolvent." Goodman said, "No, I won't go insolvent; I have more than 20s in the £1 to pay every one." Unger said there were some goods of his there, that were to be sold on commission, but Mr Smyth warned them against taking any goods out till the creditors were paid.
The insolvent and his wife said that an agreement was made with Unger that the latter should remove all the goods to his store in Lonsdale street, and would call a meeting of the creditors, should offer them 2s 6d in the £1, and if it was accepted should restore the balance, less his commission, to Goodman. About £300 worth of goods accordingly were taken from the store at Winton to the Benalla railway station, and consigned to one Jacobs in Melbourne. A person named Paul Thomaller proved to having on the 8th October assisted in packing up the goods to be sent to Melbourne from Goodman's place.
It was also proved that the prisoner sent a person named Levy to the railway station to obtain goods consigned to Jacobs, and that these goods were delivered at the defendant's store. After Goodman became insolvent the trustee of the estate and some of the creditors visited his establishment and claimed certain goods that were there as belong to the estate, but the prisoner asserted they belonged to him. The case for the defence was that Goodman owed Unger about £60, and that the goods that were sent to him were sent to be sold to pay that debt. Hie jury found the defendant guilty, and his Honour sentenced him to l8 mouths hard labour.
| ! | The text has been retyped from a microfiche copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. |
