A JUDGE SPEAKS OUT.

Dominion, Volume 3, Issue 853, 27 June 1910, Page 7

A JUDGE SPEAKS OUT.

_Jo LEGALISED BOOKMAKERS. BANE AND BLUNDER OF GAMING AC? A MISCHIEVOUS MEASURE, (By Telegraph-Press Association.) Auckland, Jane 25. Amongst the prisoners brought before Mr. Justice Chunimpn for sentence at the Auckland Supremo Court this morning were Geo. iiater and Sidney Frederick Saunders, both charged with the theft of moneys i'roru their respective, employers, the former from Messrs. Sharland and Co.. and tho latter from Messrs. Touson, Ciarlick, and Co. The Frauds at Stiarland and Go.'s. In the course of some important observations made in passing sentence on Goorge Bater, his Honour stated that he had given a great deal of consideration to all the features of the oii'ence, ;-.iid was compelled, in tho public interest, to inflict a severe sentence. The ease was not ono in which prisoner was driven to steal his employers' money becauso lie was in actual need—it did not come within that class at all, but. it was similar to another that had come before his Honour in which money 'was stolen for gambling purposes in the shape of betting on horso-raciug with bookmakers and people of that sort. . That was a .very different kind of offenco to that of a young man beset by somo liability, and tempted to help himself from moneys passing through . his hands in order to meet obligations. t Prisoner was a young man," it was true. , but tho whole circumstances showed that the extremely heavy defalcations had been the result of a wilful decision to enter' upon extensive betting transactions with bookmakers. Ho (his Honour) could find no excuse for that. The offence did not como within tho class of excusable cases. It had been mentioned during tho hearing of the case that prisoner had been carrying on his betting transactions with one bookmaker, but that did not affect tho morality of tho position. In that respect it was immaterial whether there was only one bookmaker or more. "One of the Legislature's Cravest Mistakes." Ho felt it his duty to say that tho recent legislation passed by the New ' Zealand Parliament had, to his mind, produced a very degrading effect on a ; certain section of the population of this country. l''or a long time people in New Zealand had been familiar with . .the totalisator as a public gambling appliance, and whilo varied opinions were held concerning the merits of that institution, his Honour's personal opinion was that it ought not to exist. Hβ 1 admitted that it was an opinion by no means shared by the bulk of the community, and also that the totah'sator had_ the merit of openness in all transactions, "but the law I complain of," proceeded his Honour, "and I consider it my duty as a judgo to openly complain of, is tho law which legalises the operations of the section who como 1 very close" to the criminal class. Book--1 makers may bo honourable meuy-I havo ' been assured that many bookmakers are honourable—but, as a class, they are treated by civilised communities as persons without lawful means of sup- ' port. • Yet tho New Zealand Parlia- [ ment has seen fit to erect them into a legalised class, and to erect their call- ; ing into a legalised calling. I think f that is one of tho gravest mistakes i which tho legislators of this Dominion t have mnde. I Sooner the Act Is Reconsidered, tiia ! Better. 1 "I cannot help thinking that it was ' made without due consideration." His " Honour also pointed out that - the ! sooner the whole subject was recon- \ sidered the better. It would be in the ! interests of morality and honest}, ami . he believed that in making those, ro- | marks he ivas speaking in accord with i the. views held by overy judge and i magistrate, of tho country, as well ag • of polico officers ami others admiaistor- ' ing the criminal laws. When tJhe ro--1 siJfc of the Jaw in question was tho [ direct encouragement of a criminal ! class,.and those observations wore cotj root, then the Legislature bad made- a. > very grave mistake in protecting such \ a class, and was operating in tho di- : rectkrn of making criminals out of • young men who normally wore not ; criminals. It was the- worst thing that '■ could happen in a community. I Judge's Unusual Suggestion. It was further stated by his Honour \ that tho sum involved was a,n enormous , one. The figures showed defalcations \of over £3. r ioo, appropriated in tho ■ course of fifteen months. The clrcucii stances showed it to bo tho duty of the ! police that proper inquiry should bo ; made into the question of whether any ■ of tho money had been received by any person who knew it had been dishonest--1 ty appropriated, and if, on investigation, it could be shown that any of l\ws money had been, received in such a manner, it would be the- duty of tho Crown to at least consider tho question ot a prosecution. He also considered it the duty of "the company defrauded to investigate the question of whether it was possible to maintain an action against any porson who had received any portion of the stolon money. His Honour admitted that it was unusual for a judge to moke a suggestion for the iiiistitutiaii of a civil remedy, but he "had doKboratoJy considered the position, and ho had come to the conclu--1 sio.li that it was his duty in tho inter--1 ests of public morality to nrako the suggestion. , His Honour on Audits and Auditors. ! His Honour further directed atten- ! tion to tho fact that, during the time that tho defalcations were taking place, , thoro must have been an audit of tho company's books, and, if the liooks ooiikl pass audit in the state in which they must havo beVn, and the. crime , allowed to go undetected, he couM not 1 see the value of the auditing. An Hiidi't of the affairs of the company wag ivquirod by the laws of tho country in , the public imterest, and the fact that tht-se deblcations had passed the audit was nwo than a. private matter. It was the duty of the oompa.ny to consider what should be done in regard to tho matter. Tv/o Sentences. "I intend to pass a sentence," concluded his Honour, "which 1 consider to bo the lowest which I can pass under Use circumstances. Taking iaito consideration tho character of tho defalcation?, the heavy amount involved, the reckless way in which, without ■need, you carried on the stealing, there is no course opc-u io me but to sentonoe you to four years' imprisonment with hard labour." In the case of Sydney Frederick Sauiiders, lu's Hoaionr sard that this pri.<=oner's case was not suk-taivtially dilfoPKit from that of Geo. Bnter. It was true Hint the amount oi his defalcations was not nearly so ftroat, bnt stall .it was so large (in so for cs tho amount was aJi efcmmit in the qncption. of the sentence) t'rar. there were no grounds for dram - !"; a di.">t.tnotioii between Bator snd him. Ho (his Hojiouir) understood that the defsleatious were mainly duo to the fnct that poisoner had been inroiricd jftto transactions wish a bookmaker. That was no e.xcu?e, however, and this was not a ra.se in. Which actual need formed an element Tht- Mvitnnce would bo four yc-uixj' hard labour, but the term would bo a fow iirantha fr»s otit of consideration for the tiimo wliieh prisoner had been detained wkiio awaiting soiitenco.