ON PROBATION

Ashburton Guardian, Volume 56, Issue 79, 15 January 1936, Page 6

ON PROBATION

TERM OF THREE YEARS. RAKAJA AGENT'S THEFT. COMMENT BY MAGISTRATE. (Per Press Association). CHRISTCHURCH, This Day. In the Magistrate's Court yesterday, before Mr F. F. Beid, S.M., Henry Alan Moray Smith, a company agent, aged 28, appeared for sentence 6n five charges of theft from the New Zealand Loan and Mercantile Agency Company, Ltd., at Rakaia, the sums totalling £153 9s lOd. He also appeared for sentence on a charge of stealing £4l from William Wilson Carruthers. Counsel for Smith, Mr R, A. Young, said Smith still maintained that the defalcations were brought about by frequent and excessive calls on his salary. "I think you are probably more of a fool than a criminal," said the magistrate, addressing Smith, "but at the same time I find it very difficult to find any excuse for your actions." It appeared that Smith had not been entirely frank with his counsel when he was first instructed. It also appeared clear that the company paid him an adequate salary for a man of his age and position, and had"paid all reasonable expenses. Smith had endeavoured to live on a, scale far beyond his position, and it was his personal pleasure and not the interests of the company which had led to the defalcations. It appeared that if Smith had given the information sought promptly, he would have been before the court' long ago. The magistrate said he would give the accused the benefit of the Offenders' Probation Act. On the first charge he would be convicted and admitted to probation for three years, a special condition being that he make restitution of £194 9s KM and £2 expenses within six months. On the remaining charges he would be convicted and discharged.