THE WRONG PLEA.

Auckland Star, Volume LXV, Issue 220, 17 September 1934, Page 10

THE WRONG PLEA.

WOMAN PLEAD'S GUILTY. CHARGES DISMISSED. The unusual happening of a woman pleading guilty to a charge after her counsel had pleaded not guilty, occurred in the Polic.e Court this morning, when Mary Ellen Fitzgerald, a married woman, appeared on a charge of stealing £ 1 on June 30, and later, other, sums amounting in all to £7 10/, the property of the Franklin County Council. She was alternatively charged with receiving £1 knowing it to have been dishonestly obtained. "This woman wants to plead guilty, but I don't think she should," said Mr. W. Noble, who appeared for the woman.' When accused pleaded guilty, counsel remarked, "Oh, well, if she wants to, but she is foolish." Senior Detective Hall said accused's husband was employed on a ship which was' not in Auckland. "Mrs. Fitzgerald is the mother of four children, and she was friendly with a man who was recently before this Court for imposing •on a -charitable organisation," ■ said Mr. Hall. "This man is now in gaol. He', is a married man, and his wife is in Wellington. He obtained work with the Franklin County Council, and instructed that 30/ per week should be sent to an address in Dundonald Street. This woman collected five amounts and converted the money to her own use. She has Once been before the Court) in 1022, when she was ordered to come up later for sentence." Mr. Noble said accused was. working for the man mentioned by Mr. Hall; she .was,looking after his children, and he owed her the money. The man himself sent the money to the.woman. In any case she had paid back all the money she received. The money was not dishonestly obtained by the man; ho earned every penny of ,it. ~ Senior Detective Hall: I would like her to explain why she opened letters addressed to "Mrs. Saunders." Mr. Noble: Because ho told her to. The magistrate held that accused should not be convicted of either the theft or the receiving charge. "Instead of sending the money to his wife, the j man. in question sent it to a certain! address, and apparently told this woman! to open it. The money was not disr honestly obtained."

The 'magistrate discharged Mrs. Fitzgerald without a conviction.