PECULIAR CRIMINAL CASE.

Dominion, Volume 3, Issue 803, 28 April 1910, Page 4

PECULIAR CRIMINAL CASE.

' OVER A MONEY ORDER. ■ SAME NAME: BUT. WEONG, MAN. . - iLiy Telegraph,—Press Association.) , Dunedi'n, April 26. .- A case: pressnting;_some .unusual tures came before' tiie' Supreme Court today, when J as. llenry Uarlick Wilson f2u) ..and Kobert Urittain Shepherd .(20) were brought up for sentence.-' Tlieir offence was that on December 31 tliey'stole a letter containing, four money orders tor tho Sum; of-,£71'i75..,5d. : .-. i Mr. A. S.' Adams/appearing for Wilson, said that the depositions showed special circumstances, fiotli men went to Victoria, .. and a month afterwards Wilson came, back and surrendered: himself to 'the' police,' not knowing, at the..tiinq that there was any real ilanger"M'all.' ! : w ilo had been remanded trom time to time, and .the'first chargo against liim- was dismissed without prejudice,'", so that ho would not have finding fresh bail. That showed .the magistrate's .view, Of'tlfS'iriatter:; 1 ' Wilson 'hadinsisted upon pleading • guilty. ■ Tlio'circumstapces of the theit were peculiar, inasmuch-as the money came in a letter delivered :by ■,a postman, and addressed "Hobert' Shepherd," which was Shepherd's name. There had been no opportunity for restitution so far. 1

Mr.. Bedford, ..on .behalf .* of Shepherd, stated that ho would' liko the judge to seo the envelope., which-.had .been addressed to his client.

His Honour: What was. in tho envcloi>o? ~Mr. Bedford: It'was a letter just stating that the money was sent. . The Crown Solicitor: From .Ohio, where he'had no "reasonable expectations. . Mr.;: Bedford":' When Shepherd got the letter he thought that someone was playing a joke on him. Ho kept it, tor a time, and talked tho matter over with Wilson, and they decidcd to see whether they could cash tho order. To their sur-i prise they succeeded, and as soon as .they I got.the-money.they. .were-seized- with fear. They went to the railway station and took a ticket for the first place which suggested itself—Christehurch—and went on to Australia fronr Auckland without luggage. ;' Probably if there -had not been laxity on'the part'of the post office officials they never would have received tho money at all. His client desired to make restitution as sooivas possible. The Crown Solicitor said that both accused had' been jointly convicted of theft on ; April S9._ 120-1, being lined 'ss. and tne costs of the'summons: Before then, and since'then, both had borne good characters! When they returned . they had made away with all • the money except 17s. sd. ■ "'■■ His Honour, remarked that it was unfortunate that a previous conviction stopped probation,-because, if restitution were made,'the fact that they camo back 'arid, gavo themselves up should be taken into account, and but for the conviction probation would bo-allowed. Tho'trouble was how to Arrange that. If they could be admitted to probation-restitution could probably be arranged. . The Crown Solicitor: If they, made-re-stitution they could approach tho Court again, if your Honour deferred sentence. It is a very exceptional case. ; His Honour: It is a very curious one. A man got a letter in his own name, and found money in it., and no .ddubt it was a great temptation. I suppose that tho State will bear the loss and not -the American gentleman. Tho Crown Solicitor: No, ho has not got, his money. The Department considers that ho was negligent. , His Honour: But the Department'did not give him his letter. His Honour then made an order that, tho prisoners . should come up for sentence when called upon, this call not to be made so long .as each, accused paid £\ per fortnight to the registrar until tho sum of .£77 had been paid, 1 including the costs of tho prosecution.