DAVID HASTINGS BROWN.

Temuka Leader, Issue 2088, 21 August 1890, Page 3

DAVID HASTINGS BROWN.

At the Supreme Court. Christchurch, last Monday JD. H. Brown pleaded guilty to the charge of having embezzled £2OOO belonging to the Bank of New Zealand.

Mr Stringer said whilst he bore in mind the remarks made by his Honor in the preceding case, he should ask his Honor to bear with him a few momenta, whilst he brought before him what r he eonceived were exceptional circumstances in this ease. He should place before his Honor testimonials from business persons in positions, and speaking in the highest terms of the prisoner's probity and business ability. The prisoner came out to this colony, and was engaged by Mr C. W, Turner to superintend a mill at Ashburton. The relations between Mr Turner and the 1 prisoner were of the most confidential nature and not at all as mister and servant. The Bank took over the mill from Mr Turner, aDd then the prisoner made a claim for certain machinery which he had put into the mill and paid for. This was allowed by the bank. Then prisoner was engaged as manager by the IBank, and there wae then an ' amount which he had not the moral courage to tell the Bank that he had expended for machinery. This seemed to have raised in the mind of the prisoner a mad notion that he was entitled to repay himself, and then set in a course of conduct fuite opposed to all his life previously. This had led to the easea which formed the i subject of the charges now before the' Court. The prisoner had made full restitution and he would aßk his Honor to allow him to read the statement of Sergeant Felton which stated that the prisoner had v bore an irreproachable character in Ashburton, that he had asked Sergeant Fulton to report to him any cases of distress in any families, and that in many cases he had received orders from the prisoner for bread, flour and other necessaries to these families in distress. He had taken a leading part in the township in every thing which was for the public benefit, and he was widely esteemed and respected throughout the whole district. He (Mr Stringer) would also call Mr Turner to show what had been the. course of conduct by the prisoner during the seven years he was with him.

After several witnesses had borne testimony to the excellence of his character,

The prisoner made a statement to the effect that he had increased the working of the mill from 100 tons per week to 150 tons, and anyone who knew mill-working would know that this would cost £2OOO. He had spent that money on the mill hoping to make it better for Mr Turner's sake. There was one machine alone, besides the one paid for by the Bank, which had cost£3oo. Themillhadearned £22,000 during the five years he had had charge of it, which would not have been the case if it had not been for him. The Bank had had every faring of the money restored, and they also had the £2OOO worth of machinery, which he had put in there. They had the flesh and the blood too, and if he was sentenced, he would try, with God's help, to bear it, and when he came out to show the world that he was still an honest man. He affirmed that every farthing had been paid, and that there were receipts to prove it. He had acted wrongly, he knew, in endeavouring to pay himself, but he had no crimnal intent, as every penny had been spent with a view to make the mill a greater success.

His Honor said that it was not a question as between the prisoner and the Bank, but as between the prisoner and the country. He was quite willing to take into consideration the fact that restitution had been made, and also that the previous character of the prisoner was excellent, and therefore to pass a comparatively light sentence, which to a man like the prisoner, who had occupied the position he had, would be a'heavy punishment. The sentence of the Court would be that the prisoner be imprisoned for twelve calendar months, with hard labor, on all the indictments, tq run concurrently.