SUPREME COURT.

Press, Volume LII, Issue 15768, 8 December 1916, Page 2

SUPREME COURT.

T • (Before his Honour. Mr Justice Dennistcm.) " PRISONERS FOR SENTENCE. c \ sitting of the Supreme Court was icid vestcnJay, when several prisoners fc ;ere "presented for sentence. jj ( Mr Raymond, K.C., represented the li( ;rown. . CONVERSION OF TRI-ST ' cl MONEYS. ti George B.erry Ritchie was presented or sentence in' respect to three charges j if converting trust moneys and live ■liarges of theft. -, , c' Mr Alpprs,'for the prisoner, said lie i( vas una'ole to say anv word in mitigation of the very serious offences committed by his client, either from the joint of view of his: position - as a a .rustec or as a member of the legal c jrcfession. ' He could, therefore,. only out before his Honour such of the * •-ircumstances of his client's life 'as vould enable his Honour to deal with • the question. Ho =wa s 61 years of ige, and had b.een in practice in Christchureh for 26 years. - Till a few years ago he had a large number of •lients who were in a very exceptional ? sense personally attached to him, and, * jf course, trusted hiin. Some years igo there was a wave of speculation f in Christchureh, and the prisoner, being a man of singularly sanguine c temperament, embarked . on various sciic.-r.ies connccted with scheelite and 1 Tarunaki oil fields. He lost a great I deal of his monev in -these speculations and that was, perhaps, the beginning of his troubles. In addition, ho attended meetings of directors ; of companics that did not pay 'dividends and did so to the utter neglect of lu's bu ; si- ' ness as solicitor. Unlortunately, too, _ he had personally advised some of his j clients to- invest their money in. some ' of these ventures, and when they lost their money they blamed him and left linn —as will happen. No doubt he < gave the advice in good faith, but he lost most of his remunerative clients 1 and he then began to dritt. He did not keep his own books, and an exam- 1 ination of them showed that the ledgers had not been posted lor six months. His Honour: You say he drifted into difficulties; but at the time he committed these acts he knew he was using liis clients money. Air Aiders: It is a remarkable state- ' ment to make, but I don't think he did—he ought to have. 1 His Honour:.He must have been aware that it was not his own money. How much is involved? Mr Alpers: Ho has pleaded guilty to some £4000. " ' Mr Raymond, K.C.: In the matter before the Court, " something over £4-000. His Honour: Are there any other amounts!"' '• » , Mr Raymond: Not before the Court." His Honour said that he wanted to know t!ie full amount. • , i ■ Air Raymond: The amount in the Kruse estate was £3COO. His Honour: Are there others? I am told that a. man' drifts—l can understand it in respect of small amounts, but not in respect" of large sum 6. Mr Raymond said that'he conceived it to be his duty to bring before the Court that-, in the JBarnes's.trust, (now being administered by the Public Trustee, but previously in the hands of accused) there was a shortage of about £1000. Another trust aeeount —that of Brown (a brother and had "not been able" to ascertain the amount. His Honour: Roughly? Air liaymond : We. undcistand somo hundreds of pounds, but we arc unable to ascertain,' as the books ITave not been properly kept since iyt)B. . Air Alpers said that prisoner was able to operate ou > his own , i account to the extent of £3000—an overdraft guaranteed. by properties he owned. Ho did not really come to a realisation of his position till the compulsory audit..of solicitors' trust accounts imposed .by. the. Legislature came into force —about three years ago. His Honour: Hqw did he realise it? Mr Alpers: The books Jiad to be posted up./ • —> •> , His Honour: Was there -three years ago a proper audit of his books, and did he then know that he had .used his clients' money Mr Alpers in reply said, -that-ho certainly then realised . the extent of his defalcations in this case:', After th,c compulsory audit he opened ,a second trust account. He went on to explain that the auditor, became practically . ia receiver, who endeavoured to reduce chaos to order as ■ well as he could. - ' His Honour: I-want to know how he did it. He began to : 'embezzle his clients' - money and went 'on"recklessly spending money, 'indifferent whether', it was his own-or liis clients', in*the hope of retrieving his position. There is no use in talking about chaos and order and good and bad trust accounts.' He began to'use .his clients' money, and, knowing that fact, he did not take the trouble to find out to -what extent lie had done so, and he wept on .doing so recklcisiy. . Air Alpers . submitted , that he „ was not endeavouring to. say anything in mitigation- of the seriousness of prisoner's offencc, but u;as c.udqayouring to set out matters that would palliate, sentence. Air Alpers said that if prisoner were now solvent he could claim £500; or £600 as costs, as none had been written up 'in the estate -for- some considerable time. Up to the beginning of these offences prisoner had borne a very high character, not only amongst his clients but also amongst his professional brethren. At his age there .was.no hope that he could make" an effective fresh start in life at j the expiry of the sentence the Court would impose. Nor would be.be in a position' to make, any- compensation, for or return of these laige sums' of money. All lie could hope for was to get somo open-air work which would provide existence for him. Prisoner, realised his position to such ari extent that a very light sentence would be "sufficient punishment. . • - Mr Raymond,. K.C.,.Jiricfly ..sketched the c-aee and said that, he (counsel) had made the statement that prisoner's books had not been kept properly since 1905,' but he should have said that it was in that year the shortage in Kruse's estate was discovered—the books were kept in some way to 1913. He. did not wish it understood ;that no books were kept since-1903. His Honour, iu imposing sentence, | said that prisoner had abused the confidence reposed in him, and the trust that had been reposed in him on account of his professional position. He had embezzled his clients' money. He (his Honour) had no doubt that he began in the very honest belief that ho was simply taking the money as .a loan. The case was a painful one, but in the interests of the -profession of which prisoner -was a member, and of society in general, there must be a substantial p.enaJtv. A man" placed in: prisoner's professional position must' expect held to account, and with the exception of his age, there -were no redeeming circumstances in the . case. A sentence of three years' imprisonment was imposed in respect to each charge, the sentences to • be concurrent. AN AGGRAVATED OFFENCE. In sentencing Henry Felix Forgeson, who had pleaded guilty to a charge of carnal knowledge, to imprisonment for two years and six months, his Honour, after reviewing the case,- said that- prisoners offence was aggravated by the fact that he was a relation of the girl, though not a blood relation. BREAKING AND ENTERING AND THEFT. . [ Anthony Abbott answered that he , had. nothing to say whv -sentence should , not be .passed upon him in respect, of breaking and entering and theft at I Lyttelton and of theft at Christchureh.

His Honour imposed a sentenco of throe months' imprisonment in respect ct the breaking and cntcrino; and theft and of sis months' imprisonment on the theft ca^c — r <if> sentences to be cumulitive. An order "was made respecting the disposal of the money found on prisoner.

FORGERY. George Swanson. represented by Mr Cassidv, was presented for sentence, having pleaded guilty to a charge of forgery—the alteration of a birth certificate to obtain entrance into the Public Service. His Honour said that forgeries of the character committed by prisoner sometimes resulted in the country being deprived of the services of qualified men, and the offence was for punishment, even if it were a first offence. In consideration of prisoner's wife and children, his Honour imposed a sentence of three' months' imprisonment. PERJURY. Thomas Richard Johns (35 years of age), who had pleaded guilty to a charge of perjury, was represented by Mr Donnelly, "wno asked for leniency on account of the man's wife .and five young children. Ho. also referred to the Tact that prisoner was mentally very • dull. In ordering that 'sentence should be suspended, and that pri£oner should come up for sentence when called on, his Honour said that the case was an exceptional one, but he to substantially punish deliberate perjury by persons fully responsible. Apparently the old sanctity of an oath was waning, and the only sanctity now in rcspect of perjury was substantial: punishment in this world. IX BAN'CO. ! In Wm. Ullyatt (Mr Dougall) v. Lewis G. Corsbie (Mr Raymond, K.C., with him Mr Whitcoinbe), Mr Raymond moved for judgment in accordance with the Registrar's report, and costs. The amount of the judgment was £IS4 13<3 Bd. Mr Dougall said they submitted to judgment; the only question -was as to costs. His Honour heard counsel on the question of costs. His Honour said that he would consider the matter.