THE DOUGLAS CASE.

Auckland Star, Volume XXVIII, Issue 131, 7 June 1897, Page 2

THE DOUGLAS CASE.

CHARGES OF THEFT AND

FORGERY.

BEFORE THE SUPREME COURT

ACCUSED PLEADS GUILTY,

FIVE YEARS' IMPRISONMENT,

John Douglas, the well-known land agent), appeared before Mr Justice Uonolly ab the Supreme Court this morning to answer to the various charges upon which ho was committed for trial,

Mr J. A. Tole conducted the prosecution for the Crown, and Mr Theo. Cooper, instructed by Mr C. J. Parr, appeared for the defence.

The charges, to which prisoner pleadsd guilty, were that od the stn of September, 1896, he stole a cheque for £75 6s 8d received on account of George Woodcock; that on the 28th of October, 1895, ho stole £500. the moneys of John Peter dv Moulin; thab on the 26bh ot May he stole £300 paid to him by K. Fry on account of John Peter dv Moulin ; also thab on the 17fch of June he Btole £100 received to be paid to John Peter dv Moulin; bhat on the 12th of July, 1895, he stole £500 received from John Peter DeMoulin upon terias requiring that the said money should be paid to Samuel Tanfield ; thab on the dlafc of March, 1894, he stole £225 received from John Peter dv Moulin upon terms requiring the same to be paid bo R. G. Hawkeß; thnb on the 28th October, 1895, be forged a certain document purporting to be an agreement, which on the 28th of February he isßued, well knowing the came to be torged. Prieoner pleaded guilty in a low voice bo each charge as it was read out; Mr Theo. Cooper said he wished to speak a few words in connection with this case. Ib had been his duby on many occasions to stand before His Honor and plead for prisoners, bub he believed that never before had he co painful a duty as on the present occason, when he had to appear for a man who had hitherto occupied a good position and borne an excellienb repubabion in bho community. Today the prisoner stood a dishonoured man convicted upon his own confession of several charges of embezzle ment, and one of forgery. He was now a suppliant for His Honor's mercy. Mr Cooper said he had examined the aceountß of the accused, and believed he could place before His Honor the reason why these crimes had been, committed. First of all, ib was clear that the cause had nob been extravagant living. The examination before the Official Assignee thowed thab accueeJ had lived is a moderate and economic manner, not exceeding £400 a year. Whab had led bhe accused into hi* presenb position was an unfortunate speculation into which he was drawn some years ago, and, having no further funds of his own, he used fundß that were left in his hands. The speculation was in the timbor industry in Piako, and this was practically the property of the accused, as he financed it, and expended £8,000 or £9,000 upon ib. Mr Coopor said he did not, of course, urge this speculation in timber as any excuse for the accused. Mr Douglas' instructions to him were thab he admitted bo bhe fullest extent the nabure of his crime, thab ho had committed not only a crime against the law, but aleo a breach ef trust;. Ab the same time the accused wished it to bo made clear thab had this Timber Company been sold for its fair value, he would have been able to make full restitution of all the moneys he obtained from various accounts. Unfortunately, although the prospect was a very reasonable one of the mill property beinc cold for £12,000, ib realised only £7,000, of which £1,000 was owing, leaving ODly £6.000 for distribution amongst the proprietors of the Company. The resulb was bhab the accused was unable to replace tho money. That, of course, could not be pleaded as an excuse for the crime, bub he mentioned it bo show this was nob altogether a case of a man who deliberately took money he had no prospacb whatever of replacing. The accused beMoved, and apparently had every reason to believe, he cauld replace these monies when the property was sold. With respecb to a number of these charges, those relating bo Mr Dv Moulin'e account, there seemed to have been some tacit understanding bhab accused wa» bo hold funds when they came inbo Mi hands for turther investment*. The accused did not pay the money directly to Mr Dv Moulin, but received ib, and applied ib on accounts unknown to him. The charge of forgery seemed to be a curious one. The accused was at thab time proprietor of 4,500 shares oub of a tobal capital of 6,500 shares in thab timber mill. He was also a, creditor of bhe Company ab bhab time to bhe extent of £500. There seemed no doubt that had the accused placed that document before the Company it would have been Bigned in the ordinary course. That £500 was taken in reduction of the debt owing to him by the Company. Ib was both a foolish and criminal act to have signed the agreamenb. Still he thought His Honor would be fair in assuming thab had the accused wished that document would have been signed in the ordinary course upon his application. Even after the document came back into the hands of the accused it was nob destroyed, but was kept by him for three years, and ultimately handed back by him to Mr Dv Moulin. The accused seemed to have thought he v/aa justified in acting in that way. This was quite differenb to many ordinary cases of forgery thab cama before the Court. Wibh reference bo the case in which Mr Woodcocks was concerned he believed this might jusoly hare been defended. He did nob think bhe accused had any deliberate intent bo appropriate thab money. Ib was only that the crash came and complicated matters at the time the money came into accused's hands. Mr Coopor said thab he trusted His Honor wouldinthißcaae temper justicewibh mercy. Whatever sentence His Honor passed upon the accused would, he felb sure, be one to meet the end of justice, and yeb nob harsher than all fche circumstances of the case warranted. The accused's position was dishonoured, hi* reputation gone, a disgraced man, with his family scattered, all in consequence of these charges. Whatever sentence His Hono.r might impose upon tho accused ib would be bub a small proportion of the punishmenb he would really receive. He would ask Hia Honor to take into consideration the fact thab to a man like the accused the facb of being in his present position moanb thab be was dishonoured, bhab his prospects tor bhe rest ef his life were completely annihilated. Any judicial punishment he mighb bow receive was but a email proportion of the anguish of mind riiis unfortunate man was already suffering. He asked His Honor to consider these matters, and while doing his duty to tho public to treat the accused as leniently as he could consistently with the circumstances of the case.

Hia Honor : Have you any witnesses you wish to call ?

Mr Cooper : It is one of those canes Your Honor, bhab the more witnesses I call the greater it will make the degradation of Mr Douglas' character.

His Honor: Individually, of course, I know all about Mr Douglas' character and reputation, and also about his speculations, but the quoition is, whether as Judge I kuow anything. If you say I may use what I know individually, I need not trouble you. Mr Cooper: I am quite content for Your Honor to use all the information regarding the accused of which you may privately be possessed. : Hia Honor said ; " Prieoner, I certainly

regret to see a man in your nn.in ha, hitherto been of very gooffoll bub I regret to be compelled tW^ that reputation has been obtain J" 1'1 through fake pretences. nK?H persons who have been peraona i» 6lt sociabed with you, who haveffi *>' you to have been a man of i f * and strong religious views, conuT^ any idea thab you were carryinT lv« two years or more what I m systematic robbery. It i S mo »k un l 2 *& thab we do find occasionally thuk * * are able to deceive others to ay» I** extenb, simply through euppo.J character, and woreb of nil, by m.bi. R00(l fessi«n of religion. I feel { P** severe sentence upon you, thooeh l^% heavy as mighb have been p aßß ed bv» l X deal upon a man who bad pleaded pnihJ' six charges of theft and also one of W On each ot the charge« bo which yon h pleaded guilty you are sentenced t» k? imprisoned for five years, the senton.. r run concurrently. •*»'«« to