LAW REPORTS

Dominion, Volume 8, Issue 2464, 18 May 1915, Page 9

LAW REPORTS

SUPREME COURT

TWO PRISONERS SENTENCED

CASE OF E; A. WELCH

His Honour Mr. Justice Ilosking was on tlio Bench in the Supreme Court yesterday morning when two prisoners appeared for sentence. Mr. r. S.K. Macassoy, of the Crown. Law Oince, represented t'he Crown. The first case called on was that of Ernest Alfred Welch, an ex-Civil Servant, who had been found guilty last weok on a charge of attempting to steal £790 from the New Zealand Government. Before his trial on that charge Welch had pleaded guilty in the Lower Court to tlioft of smaller sums from the Government. Mr. T. JI. Wilford, who appeared for Welch, said that he found it harder to speak for his client becauso of the fact that ho had known him from boyhood. Welch had been in the Government service for 32 years and had raised himself to a high position by his industry. His lapse was due to excessve drinking and to the fact that he was soft-heart-ed, inasmuch as ho took money from the Government to pay bills which he had backed for his friends. He Beemed to have backed bills for anyone who asked him. Counsel informed His Honour that Welch had told him (counsel) that he was innocent of the crime of which the jury had found him guilty. It was submitted that the prisoner was not a oriminal by nature, and that he was already severely punished by his fall. His Honour remarked that le had always thought that that was the worst part of the punishment—the fall from a high position. Mr. Wilford finally urged His Honour to treat the case as one where leniency might be extended with the best result.

His Honour pointed out that where offenders had betrayed a position of trust, the Courts had regarded the crimes as very serious. He did not think he would be doing his duty if ho imposed a sentence of less than two years' imprisonment with hard labour. The prisoner was accordingly ordered to undergo such a term. BARCLAY HECTOR. SENT TO GAOL FOR TWO YEARS. Barclay Hector, late Registrar of the New Zealand University, was then called upon. He had recently admitted his failure to account for a large sum of money £1027 18s. 10d., which he had received on behalf of the University. Mr. Wilford, in speaking for t'he prisoner, explained that some of tho offences of which Hector stood convicted were book manipulations and not thefts. He had taken certain sums of money, intending to pay them back, but unfortunately for him the denouement came before he had been able to do so. When these proceedings were ended the prisoner intended to repay the money owing to the University.

His Honour .said that that could not weigh with hm in the passing of sentence. The prisoner was bound by law to do so, and if he had any property, could be 1 sued. The ca'se snowed that there had been a system of deception extending over a long period. Mr._ Wilford said there had been a case in these Courts where repayment of moneys had been made in full after a, . Irian had served a sentence of imprisonment. Counsel pleaded for leniency in this particular case. He knew that if His Honour ordered this man to come up for sentence when called upon he would never see him z^ain. His Honour: I should not think of it, Mr. Wilford. I should not think of that or of probation—nothing but a term of imprisonment. Continuing, His Honour said that it was clear in this case that confidence had been reposed in the man, and that he liad grossly broken it.

Mr. Wilford asked then if His .Honour, in imposing sentenoe, would consider that every moment, every hour, every week of imprisonment was the torture of hell to the man.

' His Honour replied that he did not think that was a consideration that should weigh with him. In many cases the imposing of sentence inflicted the greatest pain, not only on the prisoners themselves, but on many others. A Judge, who allowed such a consideration to deter him from passing a proper sentence, should be removed from the Bench.

Addressing the prisoner, His Honour said tliatj as had been indicated, it was a painful thing for a Judge to have to sentence prisoners. His Honour had listened patiently to the powerful appeal made by the prisoner's counsel, but it appeared to His Honour that this was a case which must be visited with a term of imprisonment. The sentence of the Court would be two years' imprisonment with hard labour.

CIVIL BUSINESS. HEARING ADJOURNED. The civil action, 'Alexander Brodie 7. The Stanley Stamp Co., a olaim for £188 alleged to be due, was set down for hearing .yesterday morning in the Supreme Court. It was, however, adjourned until July 12 as one of the witnesses for the defence was in a condition of health which would not permit of his appearing.

NO ORDER,. His Honour Mr. Justice Edwards has (riven his decision on the ox-pa rto motion for a rule nisi to quash the convictions of Young On and Sing Wah Tie, who were recently convicted and fined by Mr. Cruickshank, S.M., for unlawfully selling oigars after 10 p.m. on April 24 last.

Mr. E. G. Jellicae appeared in support of the motion, the grounds of which were that there was no evidence to justify the convictions and the fines imposed, it having been incorrectly stated to the Magistrate that the offenders had previously been convicted of similar offences.

After reviewing the case His Honour said that, assuming the facts deposed by -the applicants to be true, it appeared to him that the proper course was to lay those facts before the Minister of Justice and to ask Mm to inquire into them and to give them such relief in tho shape of mitigation of the fines imposed upon them as migjht be recommended by the Magistrate. No order could be made on the motion before the Court.

BANKRUPTCY COURT. His Honour Mr. Justice Hosking presided at a sitting of the Bankruntcy Court yesterday wlien Leslie Urbane Chaffe.v, insurance clerk, applied for his discharge from bankruptcy. His solicitor, Mr. Douglas Jackson, stated that Chaffe.v had paid his creditors the sum of £200 in monthly instalments of £8 6s. Bd.

Mr. S. Tansley, Acting-Official Assignee, offered no objection to the application.

His Honour accordingly granted tho discharge.