OCTAVIUS ALLEN KIRKNESS.
8th December 1908
Reference Numbert19081208-38
VerdictGuilty > pleaded part guilty
SentenceMiscellaneous > sureties; Imprisonment

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KIRKNESS, Octavius Allen, and KIRKNESS, George Edgar; both in incurring certain debts and liabilities, to wit, on November 17, 1907, a debt and liability of £697 to Hardebeck and Bornhardt, Limited; on February 4, 1908, a debt and liability of £942 to the said Hardebeck and Bornhardt, Limited; on November 14, 1907, adebt and liability of £569 to Bowman, Limited; on March 16, 1908, a debt and liability of £198 to Buller and Co., Limited, on March 21, 1908, a debt and liability of £432 10s. to the said Buller and Co., Limited; on or about February 5, 1908, a debt and liability of £45 to Joseph Moss Ansell; and on or about March 21, 1908, a debt and liability of £251 to the said J. M. Ansell, did unlawfully obtain credit in each case by false pretences and by means of fraud other than false pretences. Both being persons adjudged bankrupt did, within four months next before the presentation of a bankruptcy petition against them, being traders, unlawfully dispose of otherwise than in the ordinary way of their trade certain property which they had obtained on credit and had not paid for, to wit, on March 16, 1908, a diamond necklet and pendant of the value of £198, obtained from the said Buller and Co., Limited; on March 21, 1908, a diamond necklace of the value of £298, obtained from the said Buller and Co., Limited; on or about February 4, 1908, certain articles of jewellery of the value of £806, obtained from the said Hardebeck and Bornhardt, Limited; on January 21, 1908, a diamond necklet and pendant of the value of £45, from the said Joseph Moss Ansell; on March 16, 1908, two diamond rings, one diamond brooch, and certain other articles, of the value of £251, obtained from the said J.M. Ansell; and in and about the month of February, 1908, certain articles of jewellery of the value of £269, obtained from George Cross. Octavius Allen Kirkness in incurring a debt and liability of £250 to Harry Barnett on March 30, 1908, did unlawfully obtain credit under false pretences and by means of fraud other than false pretences.

Mr. Bodkin, Mr. Travers Humphreys, and Mr. Leycester prosecuted; Mr. Huntly Jenkins appeared for Octavius Allen Kirkness; Mr. George Elliott and J. Oddy for Ernest George Kirkness.

Each of the defendants pleaded guilty to certain counts.

JOHN THOMAS CLARKE , town councillor, York, gave evidence as to previous good character of O.A. Kirkness.

JOHN WILLIAM ROBSON , Chief Clerk at the County Court, Scarborough, gave evidence as to previous good character of both prisoners.

THOMAS ALFRED MIDDLEBROOK , mill-owner, Leeds, gave further evidence as to the character of George Edgar Kirkness.

George Edgar Kirkness was released on his own recognisances in £100, to come up for judgment if called upon; Octavius Allen Kirkness was sentenced to Six months' imprisonment, second division.

BEFORE THE RECORDER.

(Saturday, December 12.)


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