“BLUNDERED ALONG”

Sun (Auckland), Volume II, Issue 585, 11 February 1929, Page 13

“BLUNDERED ALONG”

AGENT £2,500 IN DEBT DEALING IN BRICKS Arraigned on eight charges of obtaining credit by fraud, involving a sum of nearly £2,500, in connection with extensive deals in bricks and timber, Edward John Samuel, commission agent, aged 50, was to have stood trial in the Supreme Court this morning, but decided to plead guilty to three counts. Mr. V. N. Hubble, for the Crown, agreed to withdraw the remaining charges. “It is with considerable hesitancy that I advised prisoner to plead guilty,” said Mr. A. H. Johnston. “There is no suggestion of false pretences. He has never intended to defraud his creditors.” Samuel had been dogged by bad luck for some years and had blundered along hoping to pay, said counsel. He had a mind quite untrained in business and had performed various occupations from farming to editing newspapers. If creditors acted reasonably the sum of at least £ 2,000 would be available on their behalf on the death of prisoner’s father. Counsel concluded with a plea for probation. If prisoner were sent to gaol lie would probably not survive, in view of his condition of health. Mr. Justice Biair stated he wished time tu consider the case and would sentence Samuel later to-day. Reviewing the evidence this afternoon liis Honour remarked that as far as any of the creditors were concerned the case seemed to be free from any covert misrepresentations. "Nothing of that kind has been alleged against you,” his Honour told Samuel, “it looks to me as though the explanation as to why you got yourself into this trouble is found in your entire ignorance of commercial subjects, and secondly, probably through your somewhat over-sanguine temperament. You did not look to the adverse possibilities. There is a good bit to be said for the suggestion that you did not intend to defraud your creditors.

“I cannot overlook the fact that the case is limited to the three charges to which you pleaded guilty. The maximum punishment for a. case of this kind is a term not exceeding one year. Under the circumstances the case is one where I consider that I should accede to the request of your counsel lor probation. Your record up to the time of these offences was not blemished.

“You will do all in your power to make available to your creditors the £2.000 which your counsel has mentioned will be set aside for the purpose.”