CHARGE AGAINST SOLDIER.

New Zealand Herald, Volume LII, Issue 15915, 12 May 1915, Page 9

CHARGE AGAINST SOLDIER.

I I COURT GRANTS PROBATION.

CHANCE TO GO TO THE WAR.

[BY TELEGRAPH.- PRESS ASSOC.ATIO.V. J

! Wrr.M.vcTox. Tuesday. j A cask similar, in pertain respects, to I one which was dealt with by .Mr. Justice ! Denniston at Cliristcliurch a day or two i ago, was before the Chief Justice (Sir ! Robert Stout) in the Supreme Court ,at Wellington to-day. It was that Of Ltu Stephen Curtis, foiraerly town ■clerk at Umikime, who had pleaded ! guilty to six charges of theft while in the i employ of tile Ohakune Borough Council. ; Ac. used had, between November, 1913, i and August, 1914, appropriated sums I amounting in ail to £276 4s sd. Sir John ■ Findiay, K.C., with Mr. D. It. Hoggard, ! appc.cl for the prisoner. ; His Honor said that nothing was known ' against Curtis, apart from the present i ottmte.

Sir John Findiay stated that the accused was about 25 years of age. He had been, employed as a clerk in two borough council offices in the vicinity of Wellington, and. in 1913, he was appointed town clerk at Ohakune, a position which he held until he joined the first expeditionary force for Egypt. He did not appear to have gambled or drank. Two military officers, under whom lie had served in Egypt, bad written expressing high approval of his conduct and work, and hoping that he would be able to rejoin the forces. After he was called upon to return to New 'Zealand, the Imperial authorities told him that if the Court were to give him his liberty under any conditions and should the New Zealand authorities not allow him to rejoin the colours the Imperial authorities would ulbw him to do so. His trouble was not due. to any moral misconduct, hut to his being unfortunate in a speculation under the pressure of which lie was forced to this unhappy offence. ' Each of his employers spoke in the same high terms of his character. Counsel added that he could not ask for probation, as the charge comprised a series of offences, but he wished to make an application similar to that which was made to Mr. Justice. Denniston in a graver case, that in which Cecil Furrow was charged with embezzling £663 from the Lyttelton Borough Council. In that case accused had enlisted and, the military authorities being willing to take him if restitution were made, His Honor had promised to consider the matter.

Referring again to Curtis's ease, Sir John Findlay said that restitution of every penny would be made. The accused, when he went to Egypt, had left behind him a record of the amounts taken, and he had confessed at once.

His Honor instructed counsel to communicate with the military authorities and ascertain whether they would allow accused to proceed to the war. If they would agree to this, His Honor would bo prepared to give Curtis probation. The accused was then remanded until Monday.