ADMITTED TO PROBATION.

New Zealand Herald, Volume LVI, Issue 17111, 17 March 1919, Page 7

ADMITTED TO PROBATION.

AN INTENT TO DEFRAUD. DAIRY COMPANY SECRETARY. EVIDENCE AS TO CHARACTER. Havng been found guilty of falsifying its books with intent to defraud the Hokianga Co-operative Dairy Company, Limited, of which he was secretary, Stephen Airey (Mr. Reed, K.C.) appeared before Mr. Justice Hosking at the Supreme Court on Saturday for sentence. The Crown Prosecutor, the Hon. J. A. Tole, K.C., intimated that he had been authorised to ask for a stay of proceedings against Airey in respect to the remainder of the counts and the other indictments. His Honor agreed to this course of action being adopted. He said he had decided not to impose a sentence of imprisonment. on the accused, but to either allow him out on probation or order him to come up tor ', sentence when called upon. Airey would | 'have to abstain from taking alcoholio I liquor, however. Outside this failing the evidence showed that he was a man who was well liked by his employers. He had been found not guilty on two previous charges, and in respect to the third charge the jury bad found him guilty on the minor of tho three indictments with a strong recommendation to mercy. Mr Reed said there was testimony from leading residents of the district where accused lived and worked to show that he was strictly honest in all his dealings, and the fact that be was secretary of two lodges and of the local school committee showed that he was trusted and esteemed. Mr Reed commented on the jury s verdict, and said its effect was to negative toe. allegation of the theft of money. His Honor said juries were not always logical, although he thought the iury in the present case was an intelligent one and had taken a keen interest in the trial. Mr. Reed said the jury was an absolutely picked one. ... His Honor You could not expect an „rrlinarv iurv to be acquainted with bookkeeping! and the object of the Crown Prosecutor in exercising carefulness in the [election of the jury was quite legitimate. The principle of challenging and standing aside jurymen should not be scanned too Sv Occasionally well-to-do, well--1 dressed and intelligent-looking .citizens • were challenged because it might be i Thought they would be out of sympathy r 'accused, His Honor said i h e had decided to admit him to pit** Son for three years in the belief, aft well != the hope, that such a course would be IJe thing ior him, seeing that he ha a wife and six children to support In addition to the usual statutory conditions, he wSd be required to be of good heir Sto abstain from alcoholic liquor 8 Sto keep renewed for the full penoc * nf DTobation the prohibWon order now n T P 3«t him He would also be * Wt&, at the rate of £5 *