TWO YEARS’ PROBATION

Hawera Star, Volume LII, 20 February 1933, Page 4

TWO YEARS’ PROBATION

THEFT FROM. KA TONGA BOARD BOOKS IN EXCELLENT ORDER Having pleaded guilty in tlie lower court to the tlieft, as a servant of the ICaponga Town Board, of a sum of EDO, the property of the board, Henry Alphonso Tregea 'Gallagher, formerly clerk ito the board, appeared before the 'Hon. Mr Justice Ostler in the Supreme Court on Saturday. He was admitted to probation for a term of two years, no order being made as to restitution of the stolen money. When the prisoner was called upon Mr J. Hesseil, who appeared for him, said he had in attendance the chairman of the Kaponga Town Board, who would speak as to the efficiency of the prisoner in his work and his standing as a citizen of the community.

Allan R. Bates, (chairman of the Kaponga Town Board, said Gallagher had been a most efficient officer. He placed the finances of the board on a (Sound footing and improved them by £IOOO. He threw himself heart and soul into the activities of the town and had been an asset to the town in this respect. Unfortunately he succumbed to a heavy, drinking bout and it'was about that time, apparently, that this trouble occurred. The board, persuaded him to take out a prohibition order, which lie had observed. He had given no trouble since then. His Honour: I- suppose there is no chance of the board taking him back if he is put on probation? Witness said he did not think so. He did not think it would be possible to obtain the fidelity bond required. Air Hesseil said the first charge was dated October IS, 1931, and the last January 7, 1933, but between Alarch, 1.932, find the following January a sum of only £1 was involved, His Honour: What was the total amount? Counsel said it was about £9O. .Gallagher felt his position very keenly. Referring to ■ the depositions of the cross-examination of the Government auditor, Mr Hesseil 'said that when Gallagher became clerk to the board the bank overdraft and 'the amount owing: to sundry creditors aggregated £3OOO. He had improved this position •by over £6OO and the general position /of the board by £1000; The auditor had testified that this was directly due to the clerk's energy and ability. The auditor had found the ledger and cash book kept up to date and every record complete and in such condition that it was. possible for another person to take over the books without any adjustments being made. This was a unique state of affairs in the auditor's experience of similar cases. The books showed the defalcations on the cash being counted. Gallaghe" had confessed to the auditor the day the latter stepped into the office, and on the completion of the investigations the position was found to be as stated by the clerk. Gallagher was not a regular drinker, but was 'subject to occasional bouts. He was in tlie town IS months before lie took any liquor. His friends were surprised. The defa] cat ion when he took out the prohibition order in March, 1932. In view of the man’s good record, his reduction of the board’s liabilities, his excellent work for*the board generally, and the fact that there had been no defalcations for 10 months counsel asked the court to extend, leniency. His Honour said he -was sorry that a man with such a good record should have to come to this. He fea-red that giving away to drink Tiad been the cause. Ho took into account the man’s conduct and was prepared to grant him probation. Gallagher appeared to be a man who would keep a position, and His Honour said that if times were good he would have made it a term of probation that he should make restitution. However, in view of the present circumstances lie would let that go'and order probation for two years on the usual terms. ‘