STOREMAN'S THEFTS.

Auckland Star, Volume LXI, Issue 110, 12 May 1930, Page 5

STOREMAN'S THEFTS.

GAOL WOULD MEAN DEATH.

MAGISTRATE'S PROBLEM.

PETTY PLACED ON PROBATION.

Only his bad health saved Dominic Daniel Petty, a storeman, aged 40, from being consigned to prison to-day.

Petty appeared before Mr. E. K. Hunt, S.M., at the Police Court this morning for sentence, having pleaded guilty to five charges of stealing many sacks of wheat, oats, chaff and maize of a total value of £214 17/6, belonging to a city firm. There was also another charge of stealing five cases of motor oil, fifteen cases of benzine, two cases of kerosene, valued at £20 10/, the property of another firm.

Mr. Conlan appeared for accused. Mr. Conlan said Petty was a married man with a wife and child. His record had been excellent up until October. For sixteen years he had been employed by one firm, and he had been in the employ of another firm for three years before he committed these offences. Last October his health gave out completely. He was now threatened with tuberculosis, as a medical certificate which counsel produced, showed.

"This man is not a thief," said Mr. Conlan. "When very ill and in bad financial circumstances he foolishly sold grain through the instrumentality of another man, whose name I will not mention because he is the subject of other proceedings. This man knew Potty's weakness for liquor, and he took him into hotels and tempted him through drink. For six months Petty was so ill that rather than lose his position, 'which brought him in about £4 10/ per week, he employed another man to do his work. Petty was not able to do it, and his employers did not know that he was getting another man to do it for him. Petty has given the police every assistance, and he has pleaded guilty to all the charges. If your Worship is kind enough to place him on probation he can pay £20 towards restitution within a few days and contribtite either 7/6 or 10/ weekly afterwards until the full amount is wiped off. The other man will have to bear his share "

Mr. Hunt: Petty was in a position of trust

Mr. Conlan: I quite agree, but he was in a tremendous difficulty at the time, and the other man led him into the trouble. Petty was tempted very greatly. For many months past he has been ill and has to buy expensive medicines. If ho is sent to prison it will probably result in his early death. I urge that probation be extended to him mainjy because of his ill-health.

Mr. Hunt: Petty's job was to look after the goods placed in the store under his charge. I have discussed the matter with the probation officer. Accused really ought to get twelve months. However, up until now he has led an honest life. The great thing that worries me is that Petty is suffering from a disease which will result in his death if he is incarcerated in prison. In consideration of his state of health and that alone, I will admit him to, probation for a period of two years. He will be ordered to pay £o0 restitution, £20 to be paid forthwith and the balance at the discretion of the probation officer.