MISAPPROPRIATION OF MONEY

Otago Witness, Issue 4006, 23 December 1930, Page 27

MISAPPROPRIATION OF MONEY

A SOLICITOR SENTENCED. THREE YEARS’ HARD LABOUR. WELLINGTON, December 18. A sentence of three years’ imprisonment with hard labour was imposed by Mr Justice Ostler in the Supreme Court today on Frank Fabian Wills, solicitor, who had pleaded guilty at Wanganui to seven charges of misappropriating clients' money. Mr W. J. Treadwell, of Wanganui, who appeared for the prisoner, asked the court to extend the utmost possible clemency to him. To those who had known Wills for quite a number of years it was astounding that he should have placed himself in such a position. Counsel said that he did not seek in any way to extenuate the offence or to do anything otherwise than to express regret that such an offence should have been committed. At the same time there were certain facts which mignt be given in his favour. Counsel-referred to the prisoner’s long association with a Wellington firm, during which time his conduct was everything that could be desired. As managing clerk in counsel's own office for about five years his conduct was exemplary. Leaving counsel’s office, Wills entered into partnership with a solicitor who subsequently left for Samoa and who exhausted the firm’s ordinary account before he left. Wills lent him £75, but unfortunately he used trust funds for the purpose. Then again Wills entered into a guarantee for a relative which cost him about £lOO a year for four years. Having no means of his own he again used trust funds. . With two exceptions his dealings with the clients principally affected were in perfect order. Wills, concluded Mr Treadwell, was a married man with a family of seven children, and he felt justified in saying that after the sentence had been served Wills would do his utmost to cehabilate himself and to make restitution to those he had wronged. His Honor said he was sorry to see Wills in such a position, but he could see no extenuation for his conduct. It was not as though he were a young man with his blood hot and full of the optimism of inexperience. He was a" man of middle age with a first-rate training and a ripe experience as a solicitor, and he must have commenced the series of thefts fully aware of their gravity and knowing full well the inevitable consequence in such a case. The court had in the public interest to be careful to see that such crimes received adequate punishment. His Honor then passed a sentence of three years’ hard labour on each count, the sentences to be concurrent.