HIS THIRD OFFENCE.

Auckland Star, Volume LVI, Issue 30, 5 February 1925, Page 3

HIS THIRD OFFENCE.

SHOPKEEPER SENTENCED TO THREE MONTHS. A plea of guilty was enitcred *>y Thomas William Balham (351), who appeared before Mr. .1. YV. Povnton S.AL, and Mr. J. 11. Fray .1.1*.. at the Police Court this morning", charged with wilful and obscene exposure, with intent to insult two little girls, at Grey Lynn. Senior ])etective. Ward, who prosecuted, said that accused kept a confectioner's shop in Grey Lynn, and when two little girls went in, Balham exposed himself. He was a married man with no family. Twice previously, in 101S and in 1921, he had been convicted of similar offences. Mr. West, for accused, then made a strong plea for leniency. He. said that accused's previous offences and the present one were all the result of drink. On the occasion of (he present offence, accused's wife was away on a two week's holiday. No effort had been made by accused to commit an assault. It was simply a disgusting; display due entirely to drink. "It is with some reluctance and not on any sentimental account that \ mention his war record." continued Mr. West, ''hut J have known accused for ten years. He was under mv command during the lirst days on Gallipoli when be was shot through the head, losing the sight of an eye. That injury has affected him somewhat. A further term of imprisonment, will only deaden him, and I am sure that a bold and stern expression, or warning from the Bench will have an effect nn his will power and will stir him into some sense of activity. He is happily married, but while his wife was away he took to drink, which resulted in this offence. The whole thing with accused, is will power and nothing else," added counsel. "While I am not forgetting the peril to ]the young life of the community, I would strongly urge your yvorship tn consider giving accused probation, or else orderling him to come up for sentence when I called upon. If that is done and accused jis not sent to prison, he will return to I Canada to resume farming life there," concluded Mr. West. Mr. Poynton: "In view of his previous, convictions the Bench is quite unable to extend probation to accused. But we will take all the facts into consideration. Accused will be sentenced to three (months imprisonment."