SUPREME COURT.

Dominion, Volume 6, Issue 1789, 30 June 1913, Page 11

SUPREME COURT.

CASE OF A CLERK IN TROUBLE, • UP FOR SENTENCE. •

HIS PAST EFFORT TO REFORM.

Eighteen months' imprisonment was the term to which A.tliol Ambrose M'Caul was sentenced in the Supreme Court on Saturday morning. Ha had pleaded guilty in the Magistrate's Court last week' to threo charges o£ theft of moneys from his employer;?, Goltin' and Co., and tho amount involved was £573 Is, lid., tho offenoe3 extending from August, 1908, to Angust, 1912. The Chief Justice (Sir Robsrt Stout) was on the Hench on Saturday. Mr, H. H. Ostler appeared for the Crown, and Mr. A. W. Blair, with Mr. H. E. Anderson, for the prisoner. Mr. Biair, in asking his Honour to be lenient, explained that since August, 1912, M'Caul, who ; was married about that time, hnd by ' his own volition broken away from his dishonest practices. Counsel also mentioned that, although the prisoner liad committed the thefts, he did not get the whole of tho proceeds of hia embezzlements. Ilis Honour: In addition to taking tho money, he committed forgery by altering . the books. Mr. Blair pointed out that at the time th« prisoner first started the misappropriations, he was getting only 225. 6d. per week in wages, and was handling large sums of money. Afterwards he had been in receipt of .£3 10s. In passing sentence his Honour, said that what inmressed him most was the last that 'M'Caul—probably because ho was about to be married—had voluntarily cKised hia thefts in August, 1912. For olFcnces of this kind the prisoner was liable to a penalty; of fourteen years' imprisonment, but his Honour would lie exceedingly lenient with him, and would sentence him to only eighteen months' imprisonment on eacn charge, tho terms tj be concurrent. His Honour would also recommend the authorities to send tho prisoner to the Waipa prison camp, wliaro lie would be associated only with first offenders, DAMAGES £150. CERCHI & CITY CORPORATION. Reserved judgment was delivered by Mr. Justice Chapman in the Supreme Court on Saturday morning on a nonsuit point raised in 'a damages' claim hoard last week 1 before a jury of four. The plaintiff in the action was Luigi Cerchi, mechanic, of Wellington, and the defendant was the Wellington City Corporation. Mr. T. C. A. BLislop appeared for Cerchi, while the City Solicitor (Mr. J. O'Shea), appeared for the corporation. Cerchi's property at Roseneath was damaged by the rain-storm of February 25,' 1911. Ho alleged that the damage was the direct result of tho City tion's action in closing an ont-rance to a nine-inch culvert pipe in Grafton Road, and in consequence of this he sought to recover dEWO from the corporation. Tho jury found for the plaintiff (Cerchi) . for ' £150. •In the meantime Mr. O'Shea had asked for a nonsuit on the ground that the course of action specified in the notice (served by a firm other than Mr. Hislop's firm) .was not the cause of action disclosed'in tho statement of claim. His Honour disallowed the nonsuit in his judgment, delivered on Saturday, and judgment was accordingly given for Cerchi for the amount of tho jury's finding, together with costs and disbursements. ' PRIVATE BILL WANTED. In- the Supreme Court ill Chambers on Saturday, his Honour the Chief Justice (Sir Robert Stout) heard an application by Mr. M. Myers, on behalf of the mambers of tho family of thie late Duncan M'Dougall. The application was under the Legislature Act, and asked for directions and a judge's , certificate to enable a private Bill to be proceeded with. The Bill is to give power to tho members of the family to vest their interest under the will immediately instead of. this course being contingent upon the death of the widow aa provided for in the will. The granting of the application was deferred until two of the children had placed their signatures to tlio petition.