THEFT BY CASHIER

New Zealand Herald, Volume LXX, Issue 21498, 23 May 1933, Page 10

THEFT BY CASHIER

THREE YEARS' DETENTION SHIPPING COMPANY FUNDS JUDGE'S PAINFUL DUTY 1 [by telegraph OWN correspondent] WELLINGTON, Monday Three years' reformative detention was the sentence imposed by Mr. Justice MacGregor in the Supreme Court to-day on Archibald James Glen, who had pleaded guilty to theft of £3618 from the Huddart-Parkor Shipping Company, for which ho had been cashier at Wellington. His Honor said that it was a painful case, but, nevertheless, it was his painful duty to pass a substantial sentence.

" The Judges who preside over these Courts often have painful duties to perform," said Mr. W. Perry, who appeared for the jirisoner. " Likewise counsel often have painful and difficult tasks to perform, but of the many difficult and painful tasks I have had to undertake in appearing for prisoners none has been so painful as this one to-day. This man was my platoon sergeant in France. For a day and a night wo lay together in the same shell hole before we walked out to the attack on Passchendaele and I feel the position to-day as strongly as perhaps he does."

Origin of Downfall v Mr. Perry said that there could bo no plea of sudden temptation on behalf of the accused, but when a man who had hitherto led a blameless life came before the Court it was appropriate that the cause should be looked for. Paradoxical as it might seem the origin of the prisoner's downfall was a generous act done in 1926. A friend of the prisoner's had wanted £SO urgently and as the prisoner did not have it he had borrowed it from his mother who raised tho money by mortgaging her house. His friend had let him down and aid not repay the money and at the end of a year when tho money was due the prisoner had felt under a strong moral obligation to repay his mother, continued counsel. This repayment got him into difficulties with his other creditors and in order to satisfy he commenced taking small amounts from the money he was handling on behalf of his firm. Ho then began to drink to dull realisation of what he was doing. Later he began to gamble to try to recover the money he had taken. Plea For Leniency The prisoner at the time of his arrest, said Mr. Perry, was in receipt of the very meagre salary of £4 17s 6d. His wife was in very bad health and, although he could not afford it, the prisoner, whiLe he possessed plenty of physical courage, did not have the moral courage to tell her he did not have tho monoy for an operation which was necessary. There was still some honesty in the man —if, indeed, there was ever in one sense any dishonesty—and he had shown this by repaying tho firm £124 since his arrest. The prisoner had committed an offence against tho community for which ho must bo punished, continued Mr. Perry, but counsel asked the Court to take into consideration tho services tho prisoner had been able to render to the community. He had had a distinguished war service, being one of the best non-commissioned officers in the New Zealand Expeditionary Force t and he hVI received his commission in the field. While ho did not dare ask for probation, counsel strongly pleaded that prisoner should be sentenced to a short term of reformative detention. Comment by the Judge

The Crown Prosecutor, Mr. K. Macassey, said that tho police report was that Glen had been drinking and gambling heavily. His Honor said that if through carelessness or incompetence a man in receipt of tho prisoner's 1 wage had taken small sums of money the excuse given by counsel might have'been a good one, but it was no excuse whera a man was the trusted se*ant of a public company. As Mr. Perry had said, it was a painful case, but, nevertheless, it was the Judge's painful duty to pass a substantial sentence, and it seemed to him he could not pass a less sentence than three years' reformative detention.