STEALING & RECEIVING

Evening Post, Volume XCVIII, Issue 38, 14 August 1919, Page 7

STEALING & RECEIVING

MILLER ADMITTED TO PROBATION

RECEIVERS CONVICTED AND FINED.

"I have decided, after some hesitation, to admit this man to probation," said Mr. E. Page, S.M., .when delivering reserved decision in the case against Archibald Miller, who pleaded guilty at the Magistrate's Court yesterday to three charges of thefts of leather, valued at £35 10s in all, from the factory of Messrs. Hannah and Company. The Magistrate said that Miller had apparently had a hard struggle as a result of sickness in his family. The end of justice, he considered, might be met by placing the man on probation for a period of three years. "I thank you," replied Miller, with obvious relief, "I shall do my best to live honestly."

The Magistrate said that Miller would be convicted and ordered to come up for sentenced when called upon on the second and third charges laid against him. William Emery, 'Angel Saul, and James Lancelot Tootmer, pleaded not guilty yesterday to charges of receiving leather to the value of £10 15s, £20, and £4 15s respectively, from Miller, knowing, the goods to have been stolen, were then called to the dock. The Magistrate said that the whole question in these cases was one of guilty, knowledge, and he thought that such knowledge had been established, and therefore convictions must be entered in each case. Mr. H. F. O'Loary, counsel for Emery and Toomer, then addressed the Bench, pointing out that Emery, a man over sixty years .of age, had borne a good character previous to his transactions with Miller. Toomer was a young'man with a young family, and tho fact that a conviction had been made against him would be a great deterrent to him in tho future, and also a handicap throughout his life. Counsel called DetectiveSergeant Mason, who stated that he had, known Toomer for some sixteen years, as a man of good character. He was surprised that Toomer should have taken the risks he did. Mr. C. B. O'Donnell addressed the Bench on behalf o/ Saul, a negro. The accused, said counsel, had been in business in Wellington for some 17 years, and had never before been in trouble. He had made no profit on the transaction, and had acted in good faith, until, after Miller's fourth visit, he became suspicious. Moreover, Saul did not possess the intelligence of an average white man, and had been "taken in" by Miller's story. "I proposed to' fine each defendant £20, arid to make the alternative to payment one month's imprisonment. I think that if more; care had been taken in the matter of purchasing the goods there would have been less temptation to the original delinquent," concluded the Magistrate. "Each defendant will be allowed one month in which to pay his fine." An order was tnade that the stolen goods should be Teturned to Messrs. Hannah and Co.