SENTENCE POSTPONED

Taranaki Daily News, 23 August 1930, Page 11

SENTENCE POSTPONED

BERT THOMAS AND HIS DEBTS ■ ? “CONTINUED FRAUD TO TO-DAY.” GIVEN CHANCE TO THINK IT OVER. Bert Thomas appeared for sentence yesterday for six breaches of the Bankruptcy Act of which he had been found guilty by a jury this week. “The jury has recommended mercy, but not, I presume, unless he ceases his fraud,” said Mr. Justice Ostler. “He has continued his fraud right up to the present moment. However, I am willing to give him an opportunity. What he should do is to pay up. I am willing to give him two or three days to .think it over. If he pays up, as I am sure ho can, 1 shall be able to give some effect to the jury’s recommendation. If he does not I shall deem it my duty in the public interest to inflict the heaviest punishment the law allows. I shall adjourn the matter till Monday morning.” Before the judge made his remarks Mr; C. H. Croken on behalf of Thomas said there were one of two things he would like to clear up, one or two small points of fact that might affect the viewpoint of the court if it realised that some of the things that • had appeared to be impossible haff since been established beyond doubt. There was the point about the four bank books. The manager of the savings bank was present and would say that it was absolutely necessary to open four accounts in, order to deposit , the amount Thomas had. The bank was prevented by law from accepting more than £2OO in one account. . . ■ . •

His Honour: Very, well, we will accept.that.,, '. Counsel went on to the difference in dates on .two signed documents that had been, the subject of discussion.

NOT,, BELIEVED B.Y JURY.. •' His Honour interposed to .say that that matter had been cleared up by Thomas’ own witness. At that stage he did not want to go into such things. The main fact was that Thomas was not believed by the jury when he said he left New Zealand without any money. He was fraudulent in his conduct and had continued in his fraud right up to that day. The jury had certainly recommended him to mercy, but his Honour took it that that recommendation was -on condition he ceased to act fraudulently. Mr. Croker said he had a letter to Thomas written on Januaiy 21 by Messrs. Croker and McCormick. This showed that the contention that he was away at the Foxton races at a particular time was actually correct. His Honour: That is different from his statement that he lost £l5O by gambling in four days. Further information regarding the statement by two witnesses with reference to Thomas’ purchase of a car was given by counsel. He said it appeared that Mrs. Thomas bad purchased ~; a motor-car and it had been sold again at a loss of £l2O so that there was a loss of a considerable sum of money in that transaction. The car was in Mrs. Thomas’ name. Counsel said he had satisfied himself that Thomas had no money when he went to Australia, except a small sum which would not assist him in this matter. He had paid very dearly for his folly. Mr. John Hale, one of the best known farmers in the North Island, was prepared to speak regarding Thomas’ honesty and to say that he was a hard-working man and had not known anything against him before this occurrence. He always paid his way as he went and was generous to a fault, and his only vice or recreation had been horse racing. His Honour: I can assume he has been honest, except for this business. Apparently nothing is known against him.

“STRIPPED OF EVERYTHING.” Thomas, continued Mr. Croker, was under the impression ho had not had justice. It was difficult for ordinary people to put themselves into the same mental condition as that of Thomas. At best he was illiterate. He had paid dearly for what he had done, He had from £l2OO to £l4OO when he went on to the farm. He came out of it with £lOOO and now he was stripped of everything, including his character, and was branded a criminal. His Honour: What he himself said was that he had £lOOO when he bought the farm.

Mr. Croker pointed out that Mr. Hale had purchased the original farm from Thomas. . '

His Honour: We don’t want to know what Mr, Hale said he had.

Mr. Croker said he appreciatedThomas must be punished in some way, but ho did ask Hie court to take into consideration his illiteracy and ignorance, his lack of business knowledge and the fact that his lack of education would tend to make him see things in a light different from most people. He had paid dearly for what he had (Jone and as he was now up in years it was not likely he would obtain another flflflO to buy himself a farm. “He has been found guilty of fraud and he is just as guilty as if he had stolen the £l7O from Oliver and the £2OO from McNeill,” said his Honour. “He told the jury a long story of what he had done with the money and the jury did not believe him, and neither do I.”

The judge said Thomas had 'got away with most of the money to Australia.’ He believed it was still there and th < though it might be in his wife’s name Thomas had command of it. His Honour then said he would remand Thomas till Monday .so that he could think the matter over.