BREACHES OF TIIE OLD AGE PENSIONS ACT.

Star (Christchurch), Issue 6499, 31 May 1899, Page 4

BREACHES OF TIIE OLD AGE PENSIONS ACT.

♦ ' At the Magistrate's Court, Eangiora, yesterday,- before Mr J. Lowthian Wilson, JpTMr'A. Todd, J.P., and Mr T Keir, JP Charles Hands was charged that he did wilfully by false representation obtain a pension certificate, not being entitled to the same. Mr Scott appeared for accused. Serjeant Johnston, who prosecuted, stated that he would prove that accused arrived in the colony on Jan. 21, 1875, whereas he had declared in his application that he had arrived in December, 1873. Mr Scott admitted that tne accused came to the colony in the ship Lady Jocelyn, arriving on Jan. 21, 1875", but said that he would show that he made- the declaration of his arrival in 1873 ih error and not wilJohn Hancox stated that he landed in Lyttelton off Jan. 21, 1875, and Charles Hands was a shipmate. He was now hviwg close to accused. . George Lowe stated that he landed ©n Jan. 21, 1875, from the ship Lady Jocelyn, and that accused came by the same ship. He lived close to- Hands... To Mr Scott .- Accused had 1 always borne- a good character. Did not think he would' knowingly tell an untruth. E. R. Good stated that he was a Justice of the Peace. He took the declarations of accused and his wife. Accused's declaration was : " I arrived in New Zealand on or about the day of December, 1873, by the Lady Jocelyn." The declaration was made on Dec. 31, 1898. To Mr Scott : Witness had had considerable dealings with accused, and had always found hint straightforward. He was quite uneducated, and signed with a cross. This was the case for the prosecution. \ For the defence,. William«Hands,, labourer, Cust, son of accused, stated that up to last week he ahvays thought he came to the colony with his parents in 1873. He saw " 1873 " written up on a. building at the Addington Barracks, and this gave him the impression that it was the yeai they arrived. He was between fifteen and sixteen -years old "at the- time. .". ' ■ Charles Hands stated.- that" beLwas no. rcholar. He fixed the date of his arrival in the colony by the age of his youngest child. He reckoned that tlie-sonrwas-fcwo- years old when they arrived, and he was born on Dee. 17, 1871. (A Bible was produced with the birth -record.) He did not find cut till proceedings were taken against him that he had made a mistake. When he mads the .declaration he was sure he was rght, or he would not have made it. Crossexamined : He had lived two years in Rangiora close to Messrs Lowe and Hancox. He did not think it necessary to consult them as to the date of their arrival. Since the. old age pensions had been granted he had not been told that He was not entitled to it. He did : not tell any person that he was not receiving the pension. His application was- adjourned for proof of residence in the colony, and he brought James ■ Charles frqm tlie Cust to prove tlie time. Hannah Hands, wife of accused, gave corroborative evidence.- Slie could! not write, and could read very- little. . She was net satisfied until "that rooming that -they had not been ih the colony, twentyy-fike' years. She had been undeceived by records obtained by Mr Scott. Her boys made up the date from' the age of the youngest son. The Rev F. P. Fendall stated that- he had known Hands and his wife for seven years, acd had -always judged them tc be respectable people. He did not consider that Hiey would be likely to make wilful' false representation. Tliis was all. the evidence for the defence. ' _ Mr Scott, in addressing the Bench, said that unless they were satisfied tliat- accused had made the false representation wilfully lie was entitled to have the case dismissed'. Mere falsity itself was not sufficient, for a committal. - ' : E. R. Good, recalled hy the Bencli, stated | -Xliat- there- was 1 no •.'■Hesitancy- shown by a<j-. cus-d wheiihe made, the- deoliiration. Heseemed to be perfectly/satisfied.fclittfc the dates wero correct _■■■-....■'■,'■"..' Sergeant Johnston said-, there was a similar charge to be heard against Hannah Hands„ but the evidence was the. same.- as given in Ihe first case. Mr Scott stated; that bis defence was the same, and it. was agreed that- the case should be dealt, with .on the evidence alreudy heard.. The Bench, after iv. slior.b natinament, gave their decision that it was- quite clear that a breach of the Act had been committed. The old age pension had been given in a very philanthropic spirit by the Government, and ,it had been veiry properly ..safeguarded. The .penalty, for making false.- representation to obtain the pension was imprisonment for a tei-m not exceeding six. months. The ca«e had been proved; aiid the litwrnust follow its course; Each, of tlie accused would, be sentenced to one month'* imprisonment would have tlierir. pension, certificates aircelled, and would, have to return the three ninths' pension; alieady,- ooUected bv t-aem, ; and pay costs £11 Mr Scott asked to have ; the accused, placed, on pnofiMion, and the ! Bench willingly agreed to. tliis, the term- of probation, being.- made sis. months. Thev j were also allowed' three months in which to , rep.iy tiie pension, money neceived