A DISHONEST SOLICITOR.

Otago Witness, Issue 2761, 13 February 1907, Page 53

A DISHONEST SOLICITOR.

SENTENCED TO EIGHTEEN MONTHS'

IMPRISONMENT,

CFxou Oub Own Cohrbspondent.)

CHRISTCHURCH. February 11

Harry Francis, the Christchurch solicitor, who had pleaded guilty to several charges cf thiefts of clients' money, appeared for sentence before Mr Justice Chapman this morning. The accused, when called upon, said that he wa« not represented by counsel, and for certain reasons he had declined offers to be represented. When asked by the Judge whether he had anything to say before sentence was passed he handed in a statement, which read: — " Although your Honor has doubtless often had the same plea urged I do assert that in no single case did I commit the acts with the deliberate intention of ultimately robbing my clients, whose money I have appropriated The defalcations could never have been carried out had it not been for the facility offered by the present inadequate provisions of the law as to solicitors trust accounts. I am 57 years of age, and an English solicitor, having come to this colony (Christchurch) 20 years ago. Ten years ago I started in business with no capital save a borrowed £5. Almost immediately after starting an opportunity occurred of making a good, and apparently permanent, income by making an advance to a business firm, and I consulted a client, who, though not taking it himself gave me an overdraft at the Bank on my trust (and only) account for £350 to enable me to do so. The business did not pay, and the principal within four months was bankrupt, and I lost this money and another £100, mak£4so, and also the income I expected to make. In respect of the repayment of this loan interest, and insurance premiums, I have had to pay up to the present about £700. On two subsequent occasions the same client granted me smaller overdrafts on the same trust account, and some four yeans ago when my account was in credit, but entirely with trust moneys, he. without any notice to me, withdrew his guarantee. I was in de«perate need of money. I knew I ought to have stopped business, but I did not, as I had then the almost certain hope of making a considerable sum of money on a new business, which I had on the advice of friends just started, but owing to the action of the District Law Society, who disapproved of this business and took proceedings against me I had to practically discontinue it. At all events the action taken by the society spoiled the business, and instead of making some thousands I lost at least £200. In every case when I have beon on the verge of clearing my=elf entirely from debt some unforsoen loss, bankruptcy, or disappointment has occurred, and during the last 10 years I have lost as nearly as I can pet at it £2500, not including bad debts for C °h.ts Honoi said ho was very sorry to see a member of rhe aeeused's profession m that plight. He had road with caro *lio statement that tho accused had made: ami, making clue allowance for the fact that it was one which he had no means of verifying, ho had given some consideration to it : but he gave more consideration to tho fact that the accused was woll advanced in years, and that the likelihood of any further criminality on his part was extremely small. The accused has referred in his written statement to a case recently in Wellington. He was quite right m saying that his case was a very different one but. at the same time, lie (his Honor) could not overlook the fact that there was an accumulation of offences. It was not one, but it was in a measure systematic. The excuses that the accused .made were those which were very commonly put forward by men who found themselves in the position of accused; but they wore not valid excuses, although they could not be overlooked. He, however, intended to give more consideration to the fact of the accused's age and to The crushing effect that "any sentence must have upon a man. Taking that into consideration, and aKo considering his duty, which mi.wt he to deal more severely with a professional man than lie would have to <lo with any poor clerk who might drift into the same plight he thought the least sentence that ho could inflict upon the accused was ono of 18 niontho' imprisonment with hard laboui.