PUNISHMENT FOR CRIME

Taranaki Daily News, 17 February 1931, Page 3

PUNISHMENT FOR CRIME

TWO PRISONERS SENTENCED THEFT AS A SERVANT ADIUTTED. PROBATION REFUSED BY JUDGE. Two prisoners who had pleaded guilty to offences in the lover court were sentenced by Mr. Justice Adams m the Supreme Court at New Plymouth yesterday. Harold William John James was ordered detention for reformative treatment for a period not exceeding 18 months on two charges of theft as a servant. Speaking on behalf of James, Mr. /<• O’Dea said the prisoner was a married man, 26 years of age, with two children, one aged 20 months and the other eight months. Originally he had been employed by the Post and Telegraph Department. He left that department in 1920 to join the staff of Newton King, Ltd., as a junior clerk. He rose to be a ledger-keeper and finally a cashier, and his wages increased from 25s a week to £4 a week in 1928. _ . Hs mother was an invalid and this involved him in heavy expenses. His first peculations were to help her; then he took to drink, which could be understood in view of the worry. The total amount involved was £4BO. Counsel read testimonials from Mr, Morrissey, auctioneer, Hawera, who had known him as a punctual, hard-working youth, particularly good to his mother when she was alive, and from a storekeeper in Wellington. . ' When the • shortages were discovered James foolishly went to Australia, but tunes got; so hard there that he had to go on the dole. Eventually his brother ■found the money to bring him back to New Zealand. Mr. O’Dea said it was of interest to quote a testimonial given ’ • by the late Mr. Abraham, a director of Newton King, Ltd., and manager of the Stratford branch. This was given before the discovery of the defalcations., at a time when James was applying for another position. James was described as a thoroughly capable and trustworthy ? clerk who had given satisfaction in whatever work' ha had undertaken. In view of all these circumstances counsel asked for leniency. / His Honour thought the probation officer was quite right when he reported, he was unable to recommend probation. He had no doubt what counsel had said was quite true, and that until James was found out he was a perfectly trustworthy servant, but he was in a posi- . tion of trust and must have obtained that position on the reputation he had gained. His Honour said’that in view of what had been said and the testi- ! monials produced he would, not make the punishment as severe as it would have been otherwise. • . . X

THEFT AND FORGERY. ON PROBATION FOR TWO YEARS. Ernest Edward Smith was given pro-., bation for two years, on four charges of theft of moneys and four of forgery. A special condition in his''case was that he should pay £3 Is costs and £lO still owing his former employer in respect of the offences, the, instalments to be of such amounts as the probation officer directed. Mr. A. Coleman spoke on behalf of Smith, He pointed out that at the time of his crimes Smith was not quite 20 years of age. Though there were eight distinct charges they represented only four transactions. Counsel pleaded for leniency on account of the prisoner’s youth. Another reason was that though he had not instructed counsel to climb out of the trouble by placing the blame on the shoulders of .an accomplice, it was clear that Smith’s association with a much older man, in the relation of an employer, had contributed towards his downfall. He was droving foi. Holmes, who .was employed by • Me- ; Mullian, a cattle buyer. Holmes had since been convicted and was now serving a term of imprisonment for a long series of dishonest acts, similar to those charged against Smith. All Smith ? s crimes were committed within, a period of a month. It was Holmes’ duty to sign McMullian’s cheques in payment for cattle bought on the road. The names of fictitious buyers were filled in. .On four occasions Smith was induced to sign cheques. However, after about a month he realised that the matter could end • only one way,' so he left Holmes and secured other work. He had since shown some indications of a desire to rehabilitate himself. Although earning only a small wage he had voluntarily worked for McMullian and thus reduced his Indebtedness to him by £5. He intended to repay the remaining £lO. t In suggesting probation, Mr. Coleman said Smith was at present droving for the Loan and Mercantile Agency Compan, which had a full knowledge of what had occurred.

His Honour announced the sentence without comment. •