LAW REPORTS

Dominion, Volume 8, Issue 2284, 19 October 1914, Page 9

LAW REPORTS

SUPREME COURT

PRISONERS FOR SENTENCE

NOT A CASE FOR. PROBATION

Three prisoners appeared for sentence before His Honour tho Chief Justice (Sir Robert Stout) in tho Supremo Court on Saturday morning. The first was Charles Ridley Cooke, .late secretary of the Marton Farmers Union. He pleaded guilty at Marton on Tuesday last to charges of failing to account for tho following moneys:— Duo to tho Wellington Meat 'Export' Co., £65 7s lid.; to the Wanganui Meat Co., £111 6s. 3d.; Gear Meat Preserving Co., £1G 16s. Bd.j R. Edwardß, Pakherstou North, £44 as.; making a total deficiency, less credit at tho bank, Df £228 3s. 2d.-'- v. >•'

Sir John Fiudlay, K.C., who, with Mr. A. C. . Nathan,..' represented. the prisoner, asked His Honour to treat the caso as,one for probation, or, if he could not see his way: to do that, to order the prisoner to come up for sentence when called upon. Counsel mentioned that prisoner's wife was an invalid, and it was a desire to secure her proper medical attention that' led Cooke to embezzle the moneys. His Honour said he would ha 7© granted probation if this had been, a single ofteuco, but he could not' do so, as Cooke had failed to account for suniß totaling £228, and spread over a period of two years. If accused was actually in need of money, he might have approached his friends or other people, instead .of resorting to embezzlement. His Honour would give the case further consideration, and the prisoner could appear again at 10 o'clock on' Monday (this) morning.

A NOMINAL SENTENCE. A young man, named William Edward* Rice. who had pleaded guilty at Otaki to tie theft of a silver watch and gold chain from the person of -James M'Laughlin, stated that he was under the influence of drink at the time, or. he would never hav© committed the offence. In February last, Rice had been fined 10s. for damaging property at Blenheim, and ho had a record in Sydney, though Mr. 'H. H. Ostler (Grown Prosecutor) stated that his conviction on the other side did not involvo dishonesty.' ■ His Honour, while prepared to believe that Rice had got into trouble through drink, .pointed out that instead *f keeping to his employment he had left it of his own accord'to go racing and drinking, and the watch and.chain had been stolen from a man who had treated him with kindness. _ A nominal sentence -of four months' imprisonment with bard labour' would he imposed, in-the hopo that as .-prisoner, was so young) ho would reform. RESTITUTION 'MADE. Mr. H. P. O'Leary asked the Court to bo lenient with'a young married man, named James Michael de Courcy, who was placed in the dock for senfence, on five charges of forging requests for the payment of money by ■ post office order telegrams' with intent that the same bo acted ujpon as genuine. The people alleged to be victimised resided injuid: about Oamaru, their names (application 'for £3), J. Haft (305.), Mrs'.James.Rosie (£5), P. Kolly (£5). Mrs. J. O'Donnell (£3). The : actual amount said to have been received by the . sxxused ; was £9 10s., and Mr. O'Leary informed the Court that such a sum had been;handed to him by do Couroy's friends, in order that restitution, might be made. .. $ „ ' v After listening to the plea put for-, ward by counsel, His Honour said he had no doubt. that accused committed the.offences under the, strain of stress, which continued'during the period covered by all the Accused would be ordered to ; come up' for sentence when.-called upon,' although it. was perhaps straining'the law to treat him : so leniently.