PROBATION FOR TWO YEARS

Taranaki Daily News, 20 February 1933, Page 7

PROBATION FOR TWO YEARS

THEFT BY TOWN BOARD CLERK. BOOKS LEFT IN GOOD ORDER. Having pleaded guilty at the preliminary hearing "to theft of moneys as a servant of the Kaponga Town Board, Henry Alphonso Tregear Gallagher was admitted to probation for two years by Mr. Justice Ostler at New Plymouth on Saturday. Called by Mr. Hessell, who appeared for the prisoner, Elwyn R. Bates, chairman of the board, said Gallagher was appointed clerk in 1929. He was a firstclass officer, very efficient in every way. He placed the finances of the board on a sound footing and improved them by £lOOO. He threw himself heart arid soul into the activities of the town and had been an asset to the town in this respect. Unfortunately he succumbed to a heavy drinking bout and it was about that time, apparently, that this trouble occurred. The board persuaded him to take out a prohibition order, which he had observed. He had given no trouble since then.

His Honour: I suppose there is ne chance of the board taking him back if he is put on probation? Witness said he did not think so. He did not think it would be possible to obtain the fidelity bond required. Mr. Hassell said the first charge was dated October 28, 1931, and the last January 7, 1933, but counsel pointed out that between March, 1932, and the following January a sum of only £1 was involved. His Honour: What was the total amount?

Counsel said it was about £9O. Gallagher felt his position very keenly. Referring to the depositions of the crossexamination of the Government auditor Mr. Hessell said that when Gallagher became clerk to the board the bank overdraft and the amount owing to sundry creditors aggregated ’over £3OOO. He had improved this position by over £6OO and the general position of the board by £lOOO. The auditor had testified that this was directly due to the clerk’s energy and ability. The auditor had found the ledger and cash book kept up to date and every record complete and in such condition that it was possible for another 'person to take over the books without any adjustments being made. This was a unique state of affairs in the auditor’s experience of similar cases. The books showed the defalcations on the cash being counted. Gallagher had confessed to the auditor the day the latter stepped into the Office, and on the completion of the investigations the position was found to be as stated by the clerk. Gallagher was not a regular drinker but was subject to occasional bouts. He was in the town 18 months before he took any liquor. His friends were surprised. The defalcations ceased when he took out the prohibition order in March, 1932. In view of the man’s good record, his reduction of the board’s liabilities, his excellent work for the board generally, and the fact that there had been no defalcations for 10 months counsel asked the court to extend leniency. His Honour said he was sorry that a man with such a good record should have come to this. He feared that giving away to drink had been the cause. He took into account the man’s conduct and was prepared to grant him probation. Gallagher appeared to be a man who would keep a position, and His Honour said that if times were good he would have made it a term of probation that he should make restitution. However, in view of the present circumstances he would let that go and order probation for two years on the usual terms.