EX-SOLICITOR'S THEFT

New Zealand Herald, Volume LXXI, Issue 21879, 15 August 1934, Page 14

EX-SOLICITOR'S THEFT

A YEAR'S IMPRISONMENT "CONDUCT WAS CRIMINAL" COMMENTS BY THE JUDGE ["by TELEGRAPH —PRESS A SSOfIT A TTOnI WELLINGTON, Tuesday Found guilty on retrial on a charge of the theft of £650 from Samuel Wilson, a client, sentence of 12 months' imprisonment with hard labour was imposed in the Supreme Court to-day by Mr. Justice Ostler on William Perry Hollings, a former solicitor. Counsel for prisoner, Mr. Boys, made three submissions which he asked His Honor to reserve for the determination of the Court of Appeal. The first point was that the ease came within the proviso of section 244 as a debtor and creditor account between the parties, necessitating a direction in writing as to appropriation. Tho second point was whether in three respects His Honor's direction to the jury had been proper: . (a) As to tho definition of what would he fraudulent undefr the section; (b) as to a reference to a statement made in the depositions and not in actual evidence;' (c) as to a suggestion that in the event of the jury returning a certain verdict leniency would be shown to accused. Would Not Reserve Questions

His Honor said he would not reserve tl\p questions. Counsel could if he wished apply to tho Court of Appeal. "The view I take' is that I ought not to reserve any ono of those questions," said His Honor. "I feel confident as to all of them." As to the first question, the proviso referred to many dealings between parties. Here there was only one dealing. As to the definition of what was fraudulent toward a person whose money was stolen there was only one attitude. His Honor was confident on that point. As to a statement read from the depositions His Hen or said he had rev ferred to them merely to clear up ambiguity. "I made no suggestion to the jury that if they found accused had no intention ol permanently depriving Wilson of t « money Hollings would be given probation," declared His Honor. "It was perfectly legitimate conduct for a Judge, i aVn not prepared to reserve any of these questions." "Probation Out of Question" Addressing "the prisoner His Honor said: —"Your conduct was criminal. You took the savings of a poor woman and used her £450 on your own speculations. You were systematically using your client's moneys, systematically making false entries in your books. I believe you intended to repay' all, bxit something like £2OOO is short in your trust account. Probation seems out of the question. I shall make the sentence hs light as I can, but I cannot possibly let the public think such conduct of a solicitor can bo passed." i "Referring to the amount" of £650 in the charge, His Honor said" he agreed with' the jury. Hollings had no intention of stealing it. His intention was to have the use of it, but the result was a £650 loss. Hollings had deceived Wilson froiii the start and kept him deceived for years.

When the jury returned a verdict of guilty last Friday it added the following rider: —"Wo are of the opinion that, in spite of his careless and foolish methods of doing business, the prisoner had no intention of permanently depriving "Wilson of his investment, and we unanimously recommend prisoner to the mercy of the Court."