AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLVII, Issue 14304, 25 February 1910, Page 7

AUCKLAND SUPREME COURT.

A YOUNG MAN'S FRAUD.

" LAMB-LIKE'' SHAREBROKERS.

A NtrjinKE \ of prisoners,. who bad pleaded guilty to .various offences in the lower Court, came up ,'; for sentence -\ -before Mr. Justice Edwards at the Supremo ■ Court yesterday.

" .'Sidney .Thorburn; • alias Stevenson,■ appeared for sentence on the- charges of fraudulently" obtaining ; money by- the impersonation of two . Southern shareholders in mining ; companies, ;• to: which he pleaded guilty in the Police' Court a few days' ago. ' Mr. f W. E. ; Hackett, who' appeared -for the prisoner, said the latter, 'who was only 22; years of age," was the son :of respectable parents, y and until lately- had resided ; with his mother ;at the Thames. ,He, had been employed as ."a butcher, but owing to, an accident to his leg had .lost his / employment, and had subsequently got into, debt to his mother, brother, and others. -Some time previously he, had overheard soma men discussing the ease, with,which] sharebrokers could be victimised, and on coming'to Auckland .ho put the 'suggested method::into)' effect by obtaining the names of two shareholders from the registers; '• and selling the scrip. He had devoted the proceeds, not to'; debauchery, but- to repaying his*debts; :the sum of £15' 10s L being* posted to i his mother,? who is in poor circumstances, whilst the ; balance of £112 was rent to his brother and. another person, to whom, he was indebted. - When. arrested.. he. at once admitted the offence, and assisted the police to ; tho. 1 extent of f enabling restitution to be made; by means of the;,actual, money that he! had dishonestly obtained. ' '; The Hon. J. A. Tole, K., Crown Prosecutor, \. said the report-;-from the Thames police showed that the prisoner had not an altogether clean .'record.v'.He had, been - engaged ■•'-, in irregular .share transactions. The reporting / constable-said his personal knowledge of Thorburn was that he was a Well-behaved,;sober, and steady young .; fellow. , > '. -' -• ' '-.-.-/ ■ '■ ; •-■

■■■Mr. ;Hackett said it-was true that, prisoner ', and another young • man had been dealing .in shares, , : but. they had been unfortunate in their speculations. Their liabilities .had been regarded .as of a: civil nature, and the partner had gone"through the Bankruptcy .Court., ■ .-'■;.■ , ~_'.-'' ,'• ■ His Honor said the offence .was a serious one, and could not be > passed over without substantial ; punishment.; ;It was not '.. permissible to rob Peter to pay Paul, and the fact that the proceeds of " the' fraud had been applied 'to the'payment of debts did no* relieve "■ the - ; offence of its seriousness, and neither! did the'ingenuity, and ease with which:the; lamb-like ;.,sharebrokers could • be apparently, imposed upon mitigate '.-the crime. -i The -prisoner was : sentenced to 18 months' imprisonment. with hard ..labour, on each charge, the.: sentences to be concurrent. : , ■ , -.''-;. •; ';..-•;.-.-■' • -■' .-■/ • On "-. the application of Mr. • John 'Alexander, an'order was made for tbepavment to the brokers' concerned of the sum of £65. '-found on the "prisoner when -~. arrested. , -',-':•- '■'. - ■ ' • : '" ■:"■'• ■;•.'■=•■■...•.:■, -.' ■■•■.,'■:■■ ■■>: i : . '-'■■<: '..' ; BURGLARY AND THEFT, i , '] ■', Charles Braithwaite, who had pleaded guilty- to several charges- of breaking and entering -and theft at Auckland, -came forward. The Hon. J. A. ; Tole, K.C., Crown solicitor, stated that the police ; report was to; ; the.' effect ; that;, the -. prisoner j had ~ been engaged in systematic stealing for the past three ;' years.;; His Honor, in referring to a' statement by prisoner.' that he was suffering from a certain {complaint, said '-'/. the gaol surgeon' would: decide whether', he was 'fit to : perform-; hardrlabour: The ipublic/ must be' protected*.'from; men of this ' class. ; A ■ sentence' of 'i two years' imprisonment with hard >labour was imposed in regard- to each offence, the terms to be* concurrent. ft John ■ Graham Oxley, who had "admitted the'offence;of, breaking and entering, with intent to commit a crime, at ? Helensvillo, was'-rentericed to" one-.year's . imprisonment with'hard labour. - * ; '* ' ::■ ■■ "~ '■'■£*$£ ;■:"' A well-clad lad "of respectable appearance;,; named' George Wheeler, ■ came tip for .sentence for the theft of; two postal packets at 'Auckland. It was stated that the boy;; who is now 16 years of age, had been : promised employment on- a farm if he obtained his freedom. The judge said the lad was a very bad;,boy,. but ae he did not .like sending* one so young to gaol ~ he would 'give him a chance. V He warned him that if he misbehaved, himself he would bo liable to bo brought rip! and sentenced : for the . offence.': He ; was •■ admitted to two <• years' ' probation on '< the usual i terms:': '.':;,' -."■ : ,'■ ..;'" '*%'■■/■ ';; \ ',

~ THEFT FROM AN EMPLOYER. ]> • Tom Dean, :tho young man who was arrested ;i at \ Sydney.a few : weeks ago 'on a charge'.) of C. embezzling a sum of •* £97 ".- at Whangarei,-and'who subsequently pleaded guilty.at Auckland, was placed in the dock. His Honor said that, beyond the confession .of the• prisoner, -there was nothing in ' the. denositions' to show the circumstances of the theft. : -/.;Further" ; information : was necessary, and he i. remanded the prisoner till this morning. , ;;i «'- ■ ■ .