" FIVE YEARS HARD LABOUR"

Evening Post, Volume LXXIII, Issue 28, 2 February 1907, Page 5

" FIVE YEARS HARD LABOUR"

THE IZARD 'CASE. MISAPPROPRIATION OF TRUST MONEYS. COMMENTS BY MR. JUSTICE COOPER. Efftiry Stratton Izard, who 'pleaded guilty at Mastorton two weeks ago to three charges of misappropriation of trust mone"ys amounting to £18,812 and breaches of trust, came up for sentence before his Honour Xlr. Justice Cooper at the .Supreme Court to-day. A good deal of interest "was -taken in the case, tho court 'boing oro.wdefl witb^ spectators, amongst whom were several natives. ■ Mr. Skerrdtt, counsel for prisoner,, briefly addressed tho court, saying prisoner stood in tlie dock becausb he had failed in his fluty as trustee and -had committed offences against the laws of the country. Ho was there to receive whatever punishment his Honour' might ih his just discretion think proper to award. There were many circimstances that told in favour of the prisoner. Befoi'e his affairs became matter of 'enquiry prlsoiicr 'could easily 'have escaped punishment by fleeing from the 'country, but 'he 'had remained to face the Consequences and fake such punishment as vafe deemed fitting for his crime. So "fat from piacing difficulties in Ihe way of those making the investigation, ho gave the prosecution every facility he could ; he nad "helped ■by every Means in his '^ovfer "the investiga'titm oi his affairs. Mr, Skerrett submitted that this consideration shoiild have a sensible- influence oil the ISarh'edi judge in passing Sentence on the prison"er, and counsel 'believed -it was ah influence that -his Honour should not "ignore. -Tf sdoh an influence was not allowed to weigh, every reason for a person to assist investigation of his affaire in such a case as the present would be removed, and as a result much trouble and expetiss would be incurred that migTit he avoided. In respect to the Trust to vclvieh the chief defalcations jhad occurred, it was a fact that the Trust had its origin Id the skill arid care, 3iid energy ot the prisoner at the bar. Tho 'rights of the beneficiaries had' been ignored^ and but for the prisoner's -caro and insistence they would have been ignored at the present date. He hafd established, bhe rights of the bonojficiarios to cirta-ih lands Which had gi'ently berieSted the e'statc, and counsel felt justified in mentioning this, although he was aware that -it was no justification for the offence commitied. There had boeri endeavours made to remedy the 'wrongs done. Prisoner's wife had set apart a substantial part of her private, personal income to help thoso who had suffered by the acts of tno prisoner ; both prisoner and his wife had done everything they could, and ;prfeone"r had expressed his sincere regret for the folly he had committed. .The 'punishment that would be inflicted by his Honour would be only a -part of what prisoner had to .suffer. To a man who made a hal>it of crime the imprisonment might be the only thing regarded, but this prisoner Vvas acutely _ sensible of his present -position, and of tho social and subsi«niUa] loss ho had sustained ; the loss 'of influence, of his mqgonial surroundings, and tfhe terminatlbn of his career. These -deprivations meant a great deal. Amongst other things ii meant the loss of friends, and he would come out of prison to start life at the bojttom of the ladder. Whatever punishment the Court might pass would 1& little, counsel felt sure, by -comparison with tho -anguish .that the prisoner would feal, and counsel hoped that his H6nour, having A regard to this, would be lenient in passing .sentence. If anything that counsel hsfd said inclined his Honour to leniency counsel hoped that it would bo oXercised, in the knowledge that in such a case leniency was never irisplaced. Mr. Myers, who represented the down, said he had applied to the , Official Assignee for full information, ui(d had received the evidence taken in cbnnection with the bankruptcy.. j His ? Honour, afttr reading these i documents, said — This is a very extraordinary, a very painful case. Prisonor, you belonged to an honourable profession and hav6 taken advantage of your position as solicitor, and also as trustee in certain estates, and have converted, fraudulently converted, to your own use very large sums of money. It is impossible that I can allow a case liko this to pass without a severe sentence I shall take into consideration the circumstances which have been mentioned by Mr. Skeri'ett. When the cohseijuotoces of your defalcations became apparent you did not leave the colony, and you have, as far as I can judge, given what information was within your power in reference to the position of the estates which wore ontrusted to you, and also t6 some extenl your Wife ha* proposed some form oi restitution. But 1 have a duty to perform, and a very painful duty indeed. It is true that the result of this case will destroy your professional career; you cannot hereafter ho allowed to practiso as a solicitor. It is true also that your future will be very much ■affected, but that is the consequence of your own acts. Thestt defalcations on the part of an officer of this court—because you aro an officer of this court — throw discredit on the whole of tht profession of which you were a memBor. The great majority—by far the great majority — of members of the legal profession arc trustworthy, honourable mon, but (vhen one member commits frauds of this -description, there is a taint thrown upon the whole of the logal profession throughout the colony. You havo not only injured yourself, you have not only taken property which belonged to othor people and injured them, but you haye also injured the honourable profession to which you belotige'd. Th£ law p^eriitits me to pass a sentence of seven years for this offenco. I -was considering whether or not it was not my -bounden duty to pass that sentence upon you, but the circumstances which Mr. Skerrett mentioned justify me, I think, in not imposing tho full sentence, but it must bo a substantial punishment. The sentence of the court is that you be imprisoned and kept to hard labour in tho Wellington gaol for five years.

Whon the City Council notified Ihe Technical School Board laofc ovoning thai it could not grant further land in Mer-cpr-streot, as it required it for extension of the electric lighting plant, Councillor Carmichael expressed the opinion that tho council would ere .long have to consider .tna question of removing the whole oT^fie works to' a wharf frontage site, \v,here the coal supply could be taken direct into tiio works from the steamer. The chairman emphasised the school's pressing need for more room to enable its scheme for expansion to be carried out. TIRES FOR BICYCLES. Afc this time of tho yoar cyclists are daily requiring h*6W tiro covers for bicjtcles. Wo are getting out to soil cyclo ttres and Wndries at tho lowcct prices in the city. Firgt'gridp" Dilnlop cover at 225, and first-gr*do Clipper Reflex at 20s, are tho ordinary prices. To show tho publio that wo riro e"hcap, wo aro giving away a tube, value Ss ofl, with each of tho abdvo covor* bought for cash. Adams, Limited, l»to Adams Star Cycle Cd_., Mercer-itreet. —Advt