CLERK’S DEFALCATIONS

New Zealand Times, Volume L, Issue 11662, 29 October 1923, Page 11

CLERK’S DEFALCATIONS

MORAL TONE-WEAKENED ROBBED OF £4O AND GAMBLED TO RECOVER. ADMITTED TO PROBATION. The plea that his moral fibre had been weakened aB the result of war service was again advanced on Saturday when a prisoner, charged with defalcations from a Government department, appeared far sentence before Mr Justice MacGregor. The prisoner in question was John Craig Neill, who was formerly employed as a clerk in the Labour Department, and was represented by Mr A. Gray, K.C., and Mr J. Scott. Mr P. S. Macassey appeared on behalf of the Crown. It was stated that the total defalcations totalled £lO3 16s, and that the whole of the money had been refunded, restitution being made same months ago. Evidence was called as to the prisoner’s good character, and to his war service. It appeared that he had been in indifferent health since his return from the war, and that he had been on sick leave, having been threatened with tubercular trouble, which necessitated Neill entering a sanatorium. An undo of the accused stated that up to the present trouble, the character of this prisoner had been irreproachable. He was of opinion that Neill was not altogether responsible for what he had done owing to his condition of health, which was the direct result of war service.

Mr Gray said the young man had of late been living with his father on his farm at Otago, and his health had improved as the result of living an out of doors life. It had been a mistake for him erven to go inside after he had returned from the front.

Mr Justice MacGregor: From the probation officer’s report it appears as if the prisoner had been gambling f Mr Gray: That is so, sir. Counsel wont on to say that when proceeding south in April the prisoner had been robbed of about £4O. In order to retrieve his loes he had gone to races, but had only got deeper in debt. In consequence of this he had helped himself to Government -funds. He had come in contact with* a. bookmaker and for nearly three months had been gambling. Finally, ho made a confession, and had done everything possible to assist the police in clearing up the matter. His father had refunded the moneys taken. Counsel was of opinion that a term of confinement would not be in the best interests of the prisoner.

In reply to his Honour, Air Macassov stated that Neill’s salary had been £%25, and in addition he had received a military pension of £3 10s per week. He was a single man. His Honour: It appears as if he has been gambling and has ‘been fleeced by the bookmakers. That is where the money hat. gone. In a case like this, said the judgo, he would not ordinarily grant probation, but he was influenced by the condition of the young man’s health, and would admit to two years’ probation. If he had sentenced him to a term of imprisonment it would not perhaps have had a good effect on his health. But under the circumstances ho would he admitted to probation for two yeais on the usual conditions.

After admonishing the prisoner. His Honour said he hoped that ho would remain in an outdoor occupation and not return to a condition of this sort. Neill was ordered to pay the costs of the prosecution.

Tim death occurred at AYaikanae on "Wednesday of Mr G. \ T . Kcmsley, for many years a resident of Reikiorangi anti Waikanae. The late Mr Kemsley was born at Hayes, County Kent, some 80 years ago, and came out to New Zealand about 30 years later. From 1889 till 1899 he occupied the position of cliiof of the AYellington Fire Brigade. Later on he spent some ten years farming at Reikiorangi, and for tho last fourteen years has lived at AYaikanae. Old age began to assert itself, anil the last four or five years bronchitis claimed him as a victim, and finally proved fatal. A widow, two sons, Messrs George and Jack Kemsley, of AYaikanae, and a daughter, Miss Kemsloy, Okato. are left to mourn their Ices. The funeral took place at . Waikanae- jesterdqj.