BLACKIE GETS PROBATION

Waikato Times, Volume 94, Issue 14820, 7 December 1921, Page 5

BLACKIE GETS PROBATION

MOTOR TRANSACTIONS. FAILING TO ACCOUNT FOR MONEYS. A young married man, nomed Allan Stewart Blackie, appeared for sentence before His Honor Mr Justice Stringer, at Hamilton, to-day, on two charges of failing to account for moneys—one sum of £215, and on of £lls. Prisoner formerly ran the/Motor Sales Agency, at Hamilton, and it was money received from the sale of a motor car and motorcycle entrusted to him, that he admitted he had failed to account for. On asking for a term of probation on behalf of prisoner, Mr E. H. Northcroft said that having taken the responsibility of advising Blackie to plead guilty, he would now appeal to His Honor in respect of prisoner's war service. He did so with the greatest reluctance, because he appreciated as much as anyone that no right was purchased by war service to become a baa citizen. Only too often was war service advanced in mitigation of crime. Where, however, special circumstances applied, and counsel was confident they applied here, it became his duty to make known the circumstances. Counsel then told how Blackie joined up with the Main Body and went to Samba, later returning and leaving with the 4th Reinforcement for Gallipoli. Here he was twice severely wounded, on the second occasion being invalided back to New Zealand. After being discharged he again joined up and secured a commission, and arrived in England before the Armistice. On his arrival back in New Zealand in March, 1920, he. joined his brother in a motor engineering business at Hamilton, later taking up a motor sales agency on his own account. It was then his unbalanced state of mind, due to shock and suffering at the front, began to exhibit itself, for he entered into the most grotesque transactions. In one of the cases under review' he actually told the lady who had given him a car for sale that he had sold it for £6O or £BO actually more than he obtained for It. In the other case he wired to the owner of a motor cycle that he had sold'the machine for him and would send him the money on the following Monday, when he knew himself he viould not be paid the whole amount for many months. There were other similar transactions. In consequence Blackie's business became one of hopeless confusion. He then took to drink as some measure of relief, but this only irritated further his mental derangement, and he appeared l to have gone completely to bad. His actions were, in fact, those of a man in,an abnormal state of mind. Counsel said that while Blackie's relatives had offered to make restitution in both the cases under reView, he (Mr Northcroft) considered that restitution made by relatives did nothing to mitigate the offence, the only real restitution being some attempt made by Blackie himself. Major A. Aldred, who had charge of the squadron of the Auckland Mounted Rifles to which Blackie belonged on Gallipoli, described prisoner as one of the best N.C.O.'s in the column. He had a fine record as a soldier, but he appeared to suffer from lapse of memory, and was at times unreliable. This witness put down to shell-shock, from which he suffered. Dr. A; Joseph said he'had known Blackie for 13 months, and had found his mind to be particularly unstable. He had mad 3 appointments which he should have known he was quite unable of fulfilling. Blackie's condition resembled very much that of men he had observed' in the Waikato Hospital suffering from severe cerebral disturbance. The effect of alcohol would be to completely take away any 'reliability he might possess. His Honor said it would appear from the depositions a question of whether the offences with which prisoner was charged were really criminal offences or not. The car and cycle were given him to sell, and he was really in the position of a civil debtor. His Honor said he would take this into consideration, although prisoner'had pleaded guilty to the charges. His Honor said he thought he was justified in treating the case in a somewhat exceptional way. H e was satisfied on the evidence that these transactions were not the result of a criminal 'nstinct, but were due to confusion owing to prisoner's instability of mind. He would place him -on a term of probation for three years on .•the statutory conditions, and conditionally on him making restitution of both sums in periodical amounts to be arranged. He must also take out a prohibition order, and renew it annually for the period of his probation. This would give him an opportunity to restore his mental equilibrium.