A CHARGE OF THEFT.

Auckland Star, Volume XLII, Issue 212, 6 September 1911, Page 9

A CHARGE OF THEFT.

TWO YEARS’ IMPRISONMENT. The Supreme Court, Hamilton, was 1 occupied during the greater part of Tuesday hearing a series of charges—2s in all—of theft against James Fawcett Maxwell, of Hamilton. Accused had until recently been acting as agent for the Mountain Rirau Timber Company in Hamilton, selling on commission. This position he had held for six years. He had for some years acted as secretary of the Waikato Winter Show Association. Chamber of Commerce, and was a prominent worker in Anglican Church circles. Accused, who was defended by Mr. J. R. Reed, of Auckland, pleaded not guilty, but at the close of the cose for the prosecution Mr. Reed asked leave to alter the plea to one of guilty. The peculations, which amounted to nearly £7OO, had extended over the whole of that time. Accused was supposed to render monthly statements to the firm at Mamaku, which he did. and the late Mr. Pearce, who died early in May last, was supposed to audit the accounts; but apparently he had not done so, and it was not till after his death that the company became suspicious, and ordered an investigation of the accounts. This showed that for a number of years accused had accepted sums ranging up to £IOO, given a company receipt for the amounts, and failed to account for them in the books of the company. At the investigation he made a clean breast of the affair, and also made a confession to the police some days before the warrant for his arrest was issued. Accused was a hard working, industrious roan, who lived a clean life, did not drink or gamble, and was widely respected in the community. It was contended on his behalf that he had had a lot of sickness in his family, and that this was the primary cause of his downfall. Evidence to this effect was given by Mr. A. E. Manning. chemist, who stated that at one period he was making up prescriptions from three doctors at the one time for Maxwell. His Honor, in delivering judgment. said the business was a miserable one from start to finish; but. of course, for a series of offences, extending over so long a period, the sentence must necessarily be & substantial one. Having considered all the circumstances, all he could do was to impose a sentence of two years hard labour. Maybe the Prisons Board would see fit to release him at an earlier , period than the 18 months he would serve in the ordinary course. If so, no one would be more* pleased than his Honor. The sentence would be the same on each of the two indictments, the sentences to be concurrent.