EMBEZZLING THE MONEYS OF AN EMPLOYER.

New Zealand Herald, Volume XXVI, Issue 9509, 30 October 1889, Page 6

EMBEZZLING THE MONEYS OF AN EMPLOYER.

A YOUNG man named David Maxwell Heron was charged at the Police Court yesterday, before Dr. Giles, R.M., with having embezzled the moneys of his employer, Michael Briggs, as follows: — 27 th May, 1889, 7a 7d ; 3rd June, 7s 9d ; 17th.June, 7a; Ist July, 6s 9d ; 10th July, Os 4d; 29th July, 6s 9d; 12 th August, 6s lid; 15>th August, 5s 3d; '2nd September, 8s 6d ; 16th September, 6s lOd ; 24 th September, S3 4d ; 30th September, 7s 3d : '24th September, 3s 9d ; 28th September, 2s 6d ; sth October, 2s lOd. Mr. S. Hesketh appeared on behalf of the accused, who pleaded guilty. . Inspector Broham said the accused had been in the empley of Mr.-.Brings as assistant butcher. His duties were to take out meat, to receive orders, and to receive moneys ; those moneys were to be paid immediately on his return to the shop. One of Mr. Briggs' customers was Mrs. Hurndall, who, on various occasions, paid money to the accused. The original bills were made out by Briggs ; but, as these ■would show that this money had been paid, thev were suppressed by the prisoner, and other bills were made out by him, and given to Mrs. Hurndall. Mr. Hesketh said that the offence was one which was not known to have been committed before by the prisoner, and he had borne an excellent character. He tipplied that the prisoner be placed under the provisions of the Probation Act. Dr. Giles pointed out that there was a series of offences extending over several months. . , . , Mr. Hesketh drew attention to the judgment given by Hie Honor Judge Conoliy in the recent case against Morrow, when the first appearance of the prisoner was looked upon as a first offence, though there were live or six charges against him. It was upon the confirmation by the Chief Justice of his own view that His Honor took the course he did in that case. , . ~.„ ~ Dr. Giles said he thought the falsification of documents made a material difference in this case. His Worship road the report of the Probation Officer, and said it was not favourable, on the ground partly of what Mr. .Boston knew of the ordinary habits of the accused, and based partly upon the nature of the offence. He (Dr. Giles) was clearly of opinion, even if the Probation Officer's report had been more favourable, that this was not a case to be brought under the provisions of the Act. Whatever might be done by the Supreme Court would have the greatest weight with him in a parallel case, but the one now before the Court was a very different one indeed. He did not know how many small embezzlements there were in Morrow's case, but they seemed to have extended over a few weeks only ; here there had been a systematic series of embezzlements over a period of six months, and the offence did not consist merely in the prisoner's keeping money in his pocket when it cot there, but it was combined with the falsification of the acconnts, showing a deliberate criminal intention on the part of the accused. He thought that the Probation Act was a very good one when properly applied, but it would he open to Uave abuse, and might be made the means cif great mischief, if it came to be thought try young men like the accused that they could carry on offences of this kind as long an they liked, and that when they were found out they would be put under police surveillance, and nob suffer any penalty. An impression of this kind would be productive of incalculable mischief in the community. His Worship reserved sentence until 2.30 o'clock. . „ , When the case was again called Mr. Hesketh read two excellent characters from former employers of Heron. . Hie Worship said it was with a great deal - of reluctance in any case that he refused to adopt the provisions of the First Offenders Probation Act. He would be compelled in this case to impose the penalty of imprisonment; but he would nevertheless Sake it as light as his duty to the public allowed. He then sentenced Heron to one math's imprisonment with hard labour.