THEFTS AS SERVANTS

Evening Post, Volume 137, Issue CXI, 10 June 1926, Page 11

THEFTS AS SERVANTS

CASES FAR TOO COMMON

PROBATION REFUSED.

Probation, asked for by counsel in two cases *of theft as a servant; was refused by his Honour the Chief Justice, who made reference to the excessive prevalence of this form of crime. George Thorns pleaded guilty to two charges of theft as a servant. Mr. P. S. K. Macassey prosecuted. Mr. G. G. Watson, who appeared on behalf of the prisoner, said that the total thefts amounted to £100. Thorns had been 23 years in the service of the Post and Telegraph Department. Starting as a mere lad, he worked up until he became postmaster. Throughout the period of Ins service the departmental reports were consistently good, until this lapse. As postmaster/at Urenui, in the Taranakr district, he gave satisfaction, and it seemed difficult to account for his dereliction of duty. Commencing about six.months ago,. the attempts were clumsy and bound to be found out. He had given way to drink, perhaps the result of his environment, as Urenui consisted of a hotel, some six shops, arid a billiard saloon. The nature •of the attempts showed that the mind of the man was not normal. There-was no pressing financial need. Thorns was a married man, with one young child, apparently happy in his home. He had given every assistance to the.police. Full restitution of the amount had been made.

"I am aware it.is the general custom of Judges'to refuse probation in cases of the theft- of public moneys," continued Mr. Watson, "but I will point out that it became- general before tho present very great extension of the Probation Act. Probation can now be granted not only to first, offenders, but to those previously convicted. In'this case it cannot be said that suspicion . might rest upon anyone else. The dominant element in the modern system is the reformative aspect. As far as that is- concerned, this man, with a wife and young child, has every incentive to regain the standard established by his hitherto unblemished record."

His Honour, addressing the prisoner, said: "You have pleaded guilty to a charge which involves theft of moneys belonging to the Post Office. The embezzlements were commenced while you were a servant of the Crown. You were placed in a position of trust, and the thefts were committed at a time - when confidence must necessarily have, been reposed in you. These peculations by servants of moneys, both public and private, are far too common in New Zealand, and the form of punishment-inflicted stems to be no detriment. Tolerance of this class of offence must:be detrimental to the public interest, and creates an atmosphere not conducive to public morality or the public weal. T cannot see my way to grant you probation. There are many circumstances in your case which would naturally incline me to grant probation, but I feel I would be lacking in my duty to you and to the publfe if I acceded to the request on your behalf." Referring to Thorn's good record, his. Honour said he could not take the matter of drink as an extenuation, but he would treat him with leniency, and imposed a sentence of twelve months' reformative detention. Robert Stanley . Hanna also' pleaded guilty of theft as a servant. Mr. Watsoli, ,on his behalf, said that the facts'; as.regarded a good record, were somewhat similar to those in the previous case. Hanna'pleaded guilty to the theft of moneys- belonging to the Masterton County Council while in its employ. Over £300 was involved. ■ Hanna was married, witrt two young children. Until the present time he •' had^borne an unblemished record, serving successively in the Piako and Waihi County Councils until ho was away on active, service, where he held a good record. His accounts were in good order, and he had been an active member of. his community, prominent in its social activities. : ApParcnfly lie had no failings which might have conduced to the theft, but the reasons for the defalcations were the pressing need, of a younger brother in financial difficulties, for whom he had borrowed a certain amount on his own house on mortgage, and "borrowed" more from his employers, and also the pressing for some old debts by Waihi creditors. His' county accounts had not been audited for -'two years, but Hanna had given every ;• assistance to the police. Counsel, -in-view"'of'his Honour's' statements, said.he could not ask for probation, but could only put forward the prisoner's good record as a citizen. His Honour said that while there were a great many circumstances connected with tho prisoner's character and past which would incline him to give probation, ho felt it impossible. Tho duty of a Judge was.to make a punishment a deterrent to others. Reports showed the prisoner to have had an excellent character, and to have rendered good services'. On the other hand, it must be remembered that the peculations took place over a period of two years, during which Hanna was in receipt of. a- good salary, £550 .a year, and while it,was painful to him to have to pass sentence on a man of such good character, the prisoner would be committed to prison, and then "detained for reformative purposes for, a' period of eighteen months.