COURT SENTENCES

Evening Post, Volume CV, Issue 107, 7 May 1923, Page 8

COURT SENTENCES

SUPREME COURT CASES

CHARGES OF THEFT

Five prisoners, who had committed thefts in greater or lesser degree, appeared at tho Supreme Court this morning for sentence. His Honour the Chief Justice (Sir Robert Stout) presided. Mr. P. S. K. Macassey represented tho Crown. THEFT FROM UNION CO. Jean Keller, a domestic aged 52 years (Mr/ P. W. Jackson), had pleaded guilty to theft's' of various articles from tho Union Steam Ship Company. Mr. Jackson said the offences tocfc place some two years ago. His Honour: "There seem to have been continual'offences." Mr. JacksonAsaid tho woman appeared to have been honest enough, but had a weakness in the amount of drink she took. The things taken were lying about the floor, and the women ; who did the cleaning seemed to think they had some right to them. They appeared to look on tho articles as a- sort of wastt. His Honour: "It is ridiculous to suggest that. The articles taken included nine sheets, sis towels, and that sort of thing." Mr. Jackson submitted that the articles were not taken for the purpose of disposing of them for profit. The prisoner was 52 years of age, and had been in New Zealand for forty years. She was in poor circumstances. The goods had been recovered, and there was no concealment. His Honour: "Of course there was." He said the woman may have taken more. No one except herself knew. A great deal of property was missing. The . woman had given way to drink, and had j ten convictions in a few years, and had been careless regarding her husband and home. .It was, however, a long time since the thefts were committed. Tho sentence would be four months' imprisonment. / TOURIST DEPARTMENT SERVANT, Alan Bruce Saunders, aged 39, a clerk in the Tourist Department, pleaded guilty to theft, as a Government servant. Mr. P. J. O'Regan, on his behalf, said he would like to urge leniency. Up till now accused had been everything he should have been. He was married, with two children, and was spoken of in the highest term's. His history showed that he went to the South African War at the age of 15, in the First Contingent, and again in the Sixth. His conduce was exemplary. He was then employed farming, later being appointed to the Defence Department, and seventeen years ago to the Tourist Department.

Evidence was given by the manager df the Tourist Department to show that prisoner was regarded, as a zealous and painstaking officer. He was on a salary of £365. The total shortages had amounted to £42, but when the discrepancies were discovered all but £10 had been repaid. His Honour : "Can you ■ give any reason for the shortages?Mr. Wilson: "No. Prisoner was a very temperate man."

Mr. O'Regan said prisoner had bought a house, on which payments became due. The evidence showed that there was no intention of permanently defrauding the Government of the money. Two friends had come forward" and offered, employment if prisoner was put in a,position where he could accept it. His Honour said he had great difficulty in dealing with this case. Jhs fact that ao much money had been iepaid was Btrongly in accused's favqur, It had been laid down some ten ye-irs ago that in the case of- a man taking Government money he should not be given probation. Another thing about it was that prisoner had sent two false receipts, and, though he was not charged with forgery, this had to be taken into consideration. He would inflict the fairly nominal- sentence of six months' imprisonment. THEFT FROM POSTAL BOX. John Knox Glover (Mr. A. B. Siev wright) had pleaded guilty to theft of postal packets. He was a lad 20 years of age, and had a previous conviction for theft, on which he was sentenced to terms totalling three years' probation. Mr. Sievwright suggested that a term of reformative detention appeared to be the best thing. for prisoner. He was the Bon of a widowed mother, and was physically unwell, and did not appear to be able to resist temptation. His Honour concurred, and said prisoner had had his chance. He would sentence him to reformative detention for one year, and recommend that ho be sent to Waikare, where the climate was good. THE MASTERTON THEFTS. Half Henry Percy Cooke, aged 29 years, guilty of theft of £500 14s yd, who was: at the time of the offence an accountant employed by .the gas department of the Masterton Borouph Council, was represented by Mr. W. Perry." Mr. Perry said this was an extraordinary lapse by a man whose character was previously exemplary. At the age of 19 he enlisted, and as a dutiful youth made over his endowment to his mother. He was employed on return from the war with the Invercargill Gas Company, at which occupation, the manager said, he was given every chance for dishonesty. He also had other opportunities of dishonesty, but took no avail of any of them. In 1920 he went to the Gas Department of the Masterton Borough Council, was married, and bad two children. He continued to give £1 weekly to his mother, in spite of the fact that he got into debt. It was then, two years later, that he started taking money from the Department. His Honour: "My report is that he associated with doubtful characters." Mr. Perry: "He commenced gambling in a desperate endeavour to retrieve his position. The inevitable then happened. When he saw that his position was hopeless he ,tobk .his wife to Invercargill to his people, and then surrendered to the police, after which he volunteered a statement, and made every effort to clear up the whole business. No attempt was made to falsify the books, arid the whole indicated that he was not criminally inclined." It appeared to be the case of a | man whose heart was too bjjr for his head. He fell to temptation in. a desperate effort to retrieve his position. He suffered bad health since the war. The largenessof the amount should be considered in conjunction with his general behaviour.- The case was not one showing criminal tendencies. His Honour, said he had to remember the State waa trying to rehabilitate those who had committed offences, and also that a man admitted to probation cave no warning to others. By taking to gambling he made the offence worse, and thie had probably resulted in the large sum of about £200 taken in March last He would recommend that he be sent to .Waikare, and would sentence him to one year's reformative detention. A MERE BOY. Lewis.Asher, a boy of 16 years, was brought up for theft "from his employer, one Lewis. Mr. J. A. Scott suggested that probation should be granted, as he was youne. This waa hU first offence, '

ha had admitted it freely, and the Eev. T. Fielden. Taylor had' offered to get him placed on a- farm in the country. His Honour agreed to probation for eighten months, and made it conditional that the boy goes into the country, and does not return to Wellington unless with- the consent of the Probation Officer. His Honour said he was sorry that tie boy's father, an old man. should have been submitted to the grave hurt of his son being found guilty of euoh an offence. .''■■■>