LAW REPORTS,

Dominion, Volume 3, Issue 879, 27 July 1910, Page 7

LAW REPORTS,

SUPREME COURT. BROACHING OF MAIL MATTER. SERIOUSLY VIEWED. The conflict which sometimes occurs between a judge's sense of duty and his feelings of compassion was illustrated yesterday .in the Supreme Court, when the Chief Justice passed sentenco on Otto Frank Benson, who had pleaded guilty at Palmerston North to theft from letters'.

Mr. A. H. Hindmarsh, for the prisoner, said ho w-as a-young man of 21 and was born at Wangauui. He had been employed in the "Herald" office and subsequently in the Post Office, and after a short timo there, was transferred by-the Post Office'to Feilding. Being away from his parents, he had apparently come under bad influences, ami ne had taken the money. The probation officer's report was not satisfactory, but counsel would ask his Honour to admit tho prisoner to probation. The- report stated- that the prisoner was addicted to liquor, and it suggested that bo might have taken other money. That suggestion, counsel submitted, should not influence his Honour in pronouncing judgment.

His Honour: It has been laid down by all the other judges that they will not give probation in cases of thett from the Post Office.

Mr. Hindmarsh: Did not Mr. Justice Chapman give it? . . . His" Honour: No. I have asked him. The difficulty in this case is, twofold. Other sums have been missed from the office, and not traced, and then the young man has not been temperate. Mr. Hiudmarsh: This is practically a first offence. The rest is only suggestion.

His Honour: I have to act on the report. I have perhaps stretched the law as. to probation more than any other judge. Mr. Hindmarsh: Have you not got to look to the possibility of the reform of the prisoner? His Honour: The law does not say so. You cannot say that the young man is of good character. Theft from letters is different from ordinary potty theft. It is not only a breach of trust, but it may ruin some poor person if money is extracted from letters.

Mr. , Hindmarsh: There was only one letter- 1 -that to Kelly. His Honour: I' have 'been thinking about this case ever sinco it first came before mo a few days ago, and I have spoken, 'to the other judges about' it, though, of course, without putting any responsibility on them. It is a most painful thing to mo to have anything to do with the sentencing of prisoners. It is- the part of my work that I like least. It is almost abhorrent to me having to send men to gaol.

A sentence of six months' imprisonment with hard labour at the reformatory prison at Invcrcargill was imposed.

Mr. H. H. Ostler, of the Crown Law Office, appeared for the prosecution.