PLEA FOR LENIENCY

Wanganui Chronicle, Volume LXXXIII, Issue 20151, 21 May 1928, Page 6

PLEA FOR LENIENCY

THE THOMAS CASE DEFENDANT TO GO TO SUPREME COURT In the Wanganui Magistrate’s Court on Saturday, Mr A. A. Barton made a stirring defence for Thomas E. Thomas, bankrupt draper of this city, who faced a charge of committing a breach of the Bankruptcy Act. Mr Barton mentioned the fine service defendant had given as a citizen and asked the Bench Messrs J. H. Keesing, J.P., and F. Spencer, J.P. ■ if defendant were to stand his trial on what counsel described as a charge based on a trivial and unmalicious breach. Started With Nothing. "Defendant started with nothing, built up a first-class business and through misfortune has been placed . n his present position," said Mr Barton. "Had he been allowed to carry on, there is no reason to believe he would not have recovered. I submit that balance sheet at July, 1927, showed the correct position and defendant was solvent then. He is charged with these few petty debts in connection with the Taihape business—no doubt resulting from small orders made t) oblige individual customers. Because he made those small orders to keep the business going is no reason why no should have a criminal charge brought against him. Apart from bankruptcy proceedings defendant would have freed himself at the end of last December. In 1921, his liabilities were £32,000 but, by 1927, he had reduced these to £21,000." Service Eulogised. "Mr Thomas has been a well known and respected resident," continued counsel, "I am recalling his excellent work during the Great War and the 1918 epidemic. I ask your Worships to stretch your mercy and dismiss this information." "You have an unpleasant duty in connection with this information as 1 have," Mr W. H. Cunningham, prosecuting for the Crown, told the Bench. "This is merely a preliminary examination," he said, "and it is for you to sec if there is a prima facie case. To consider that, sentiment must be avoided and hard facts faced.’ ’ After a short adjournment, tho Bench announced that it found there were sufficient reasons for a case and defendant, who pleaded not guilty, was committed to the Supreme Court for trial. Bail was allowed in his own recognisance. ‘‘Defendant has been an excellent citizen," Mr Keesing said for the presiding justices, "and we regret that he has been forced into his present po» sition."