LAW REPORTS.

Dominion, Volume 6, Issue 1843, 1 September 1913, Page 4

LAW REPORTS.

i; • ; i ——-4 .. <r ■ i ! , SUPRE^JcOURf," ! t t ' ; fORGERY OF BIRTH & SCHOOL ; » certificates. • MbRE FOOL THAN CRIMINAL." 'Atigust Herbert Malonoy, who had inadp certain erasures and alterations n Kbth his birth, and education certiicafts in connection with , his.endeavour, jo dbtain employment on tho railway, ippeared on remand from the Lower for sentence by Mr, Jiistico Chapman on Saturday. : Mr. H. O'Leary, who appeared for acr jusc3, first called Spnior-bergeaiit MullanejK, who stated that for 2} years before ho camo to Wellington ho. know accused at ISolson, whoro tho \ lattor wo riled for a storekeeper.-He always regarded accuse;! as a silly, young fellow 'who frittered away his money foolishly, and he looked upon him nioro as a fool than a criminal. His mother lived at Kelson and was very respectable;! Mr. o'Lcar.y, in defence, said that since ho camo to Wellington about a year''ago accused had worked temporarily at Messrs. Begg and Go.'s music warehouse. He left there two months ago,! and since "then had only done odd jobs.' Although "this .'.was; a ca.se of forging and .uttering .there... were sucli unusual circumstances that ho asked his Honour to deal with accused under tho First Offenders' Probation Act. It wasij'not a case! in. which, accused intended to benefit from anyono else. His Honour: Why not? ; Mr.» O'Leary:- There was no'"taking down". of anyone in his forgery, and it douo for the purpose of getting money. His Honour: What was tho purpose, then? '! . - Mr. O'Leary: Ho desired to get permanent;; work in the Railway Department. ( ; His Honour: Well, that is getting something dnd jostling another man out of a billet. / . Mr. O'Leary: But he intended to work for his money. His Honour: Ho really intended to got a,position which ought to havo gono to (mother ■ person who had taken tho troublo -to qualify himself. Mr. O'Leary replied that,ho was endeavouring ;to differentiate that case from the usual oase where a man tried to get something for nothing. Accus*ed was Agoing to give his employment for-, the; wages, received. There was really something commendablo in his oonductj because ho was endeavouring vto got permanent .employment. In tho case of tho: birth certificate no forgery was necessary *as accused was under 28,. and- it -was only his education certificate "Which needed alteration. When .charged, Accused made a frank admission and had caused as,little troublo and expense as possiblo. The Crown Solicitor (Mr. P. S. K. 'Maeassey) said that the accused was a native of; New Zealand and had held a good character at Messrs. Begg's. His Honour said -he had decided to consider tlip caso a little further and remandedjiccused in custody until Tuesday-.--;;* : A: MISSING WIFE. His Honour Judge Chapman reserved, judgment in an originating summons in tho estate', pf Anton; Wiig, farmer, latej!6fr.^Ashley-Cluit«ft'^jn'"" the Hawke's'-,Bay-district:' The Public Trustco (plaintiff) was represented by Mr. J. N. Maodouald, and Mr. A. H. Baruott appeared for Louise Olson, of Predrickshaed, Norway,-married woman (do-, iendant);.' ' Deceased died on, May -25, 1902, intestate, 'ahd.'administration was granted-to; the '-'Public Trustee. "' Deceased lived alone,Jjis wif,a.haying.left, 'him 24 years before he died.,,. ,'His real name was Carl Jansen.' Alxnit 40 years ago ho left Norway, his wifo coming with him. Ho had no child renV T -,'One-third of his estate was paid to his sister (Louko "Ofen),_ 'nml'~tho otlior twothirds wert> retained for the widow. R«.peated advertisements for Ivor-had failed, ;-th'oiigh sho was last heard of in Australia.