LAW REPORTS.

Dominion, Volume 6, Issue 1845, 3 September 1913, Page 5

LAW REPORTS.

SUPREME COURT. BY-WAY TO RAILWAY SERVICE. BOGUS CERTIFICATES. JUDGE'S WORD TO THE FORGER. Explanation of what being admitted to probation really means was given by his Honour Mr. Justice Chapman at the Supreme Court yesterday, when ho . passed sentence upon August Herbert Malornoy, who had been found guilty of forging a birth certificate, and an education certificate, with the objcct of obtaining employment in tho railway service. iiis Honour remarked that ho had given very careful consideration to the case, and had decided to admit accused to probation, though ho had had some , dirficulty about that, as there wero two charges, and probation only applied to first offenders. There was evidence that accused's character had not been bad in tho past, but it had not been satisfactory, as he had been in tho habit of frittering away> his means. He would havo to alter that unless he wished to find his way back to the Court. His Honour jiit on to say that he could only admit accused to probation on tho first charge, and, on tliis, lie would be admitted to probation for two years. On the second charge he would be released 011 presenting himself for sentence when called upon. "You must understand what that means," continued his Honour. "If you are found misbehaving yourself you can be brought lip here for sentence. It is not a matter of committing a fresh crime. There is no empty threat in that. I had case in which I released a young fellow 011 probation, though there was a second serious charge against him, and when ho was found misbehaving himself he was brought before me. I took evidence as to his conduct, and found it necessary to inflict a heavy sentence upon him on a charge which had been pending for two years. So you must not imagine that going free now relievos you of further responsibility." As to the charges, his Honour said it had been suggested that it was only a light offence, because accused was not attempting to make money out of it. Ho had on several occasions warned young fellows that to alter a birth certificate, so as to get into Government service was a mean offence, becauso ho was shouldering out a man who was mora entitled to tho position. "I hope you will pull yourself together," concluded his Honour, "and live a re« putablo life, and then this offence for which you stand convicted will not be brought up against you. You may now go." „ ,