FORTUNATE PRISONER.

New Zealand Herald, Volume LXII, Issue 18946, 18 February 1925, Page 12

FORTUNATE PRISONER.

JUDGE'S FIRST SENTENCE. EMBEZZLING BANK TELLER. THREE YEARS' PROBATION. [ill' TELEGRAPH.—OWN CO RIUISI'OND ENT. 1 NEW PLYMOUTH. Tuesday. A chance to make good was given by Mr. Justice Ostler to Gordon Herbert Martin, formerly teller in the Bank of New South Wales at Now Plymouth, who had pleaded guilty to the. theft from the bank of sums totalling approximately £ISOO. Mr. R. H. Quilliam, who appeared for Martin, said he was a young man, who had been born in New Plymouth about 30 years ago, and belonged to a family well known and very highly respected in the district. Martin joined the Bank of New South Wales in 1911, and after being employed in different places went away to the war in 1916. He served in France and was gassed, and then transferred to the Army Pay Corps, being finally demobilised in 19.19. During the time he was in England he married and brought his wife baok to New Zealand with him. They now had two children, one of them having been born since the accused was arrested. Martin's prospects were distinctly good, and ho was happily married, but he began to live beyond his means, and by the middle of 1923 found himself in debt to the extent of about £l5O. Instead of going to his family and putting his position before them—they would willingly have assisted him—he conceived the stupid idea of betting as a means of getting out of his trouble, and to enable him to bet ho fell into the folly of taking the bank's money. The system followed by the bank, or perhaps the want of system, was such that he was able to go on robbing his employers for over 18 months ivitliout detection. The longer Martin went on in this way, continued counsel, the deeper he got iiito trouble. It should be said that he kept all the bank slips so that ho would know his position, and bo able to get matters stjaightencd up as opportunity offered, and as a matter of fact he had refunded a sum of about £IOO. In Touch With Undesirables. His betting brought him. into close touch with a host of undesirable friends as companions, who led him into drinking habits: which became excessive. The inevitable end of these dealings came toward the end of last year, and when Martin was arrested it was really a great relief to him to know that the matter was to that extent ended. Ho gave a complete account of his defalcations, and by having retained the bank slips, was able to assist the bank and the police to have the matter thoroughly cleared up and the accounts affected by his defalcations straightened out. Counsel recognised that tho position of tho accused had been one of trust, but he asked that, in consideration of his previous good character, and the fact that he belonged to a very highly-respected family, the previsions of the First Offenders' Probation Act should be extended to him. If the prisoner was given an opportunity to make good and become a decent citizen again the wrong done to society might to a large extent be remedied. If necessary, sureties would willingly be given for the future good behaviour of the ' prisoner. His Honor: But can you tell me of a case in which a man having stolen over £ISOO in small amounts, during a term of over 18 months, has been admitted to probation ? Counsel , said he could not point to any particular case, but he had some recollection of a Government official in Wellington, who bad misappropriated a much larger sum of money, being granted probation. Opportunity to Make Good, His Honor, addressing the prisoner, said: "You probably know this is the first occasion on which I have had to sentence a fellow-citizen, but you cannot know of the feelings provoked by such an occasion, and those feelings are intensified because of the fact that you are a young man." Continuing, His_ Honor said he took into account the prisoner's previous good record and the reputation of his family in the district. To grant probation under these circumstances he thought would be going further than any Judge had previously gone. " You are fortunate," said His Honor, " in that I am a very firm believer in the benefits of the First Offenders' Probation Act. I think it is better business for the State that men should be given an opportunity of making good rather than that they should be sent to gaol." Notwithstanding, this, he thought he would he doing more than be ought to do, but he was going to do the big thing. He thought it was more than any Judge had ever done before under similar circumstances. Tie took into account the punishment that prisoner had suffered by the exposure and the hell of fear in which he had lived while all this was going on. The sentence would bo probation for a period of three years. In the meantime Martin must go to work on his father's farm and pay the costs of the prosecution. He thought it was hopeless to order prisoner to make restitution of the £ISOO to the bank. A condition of the probation was that Martin should abstain from betting' and gambling in even? form. " I ask you," said His Honor, "as a young man to a young man to take advantage of the opportunity given you and try to turn yourself once more into a respectable citizen."