SCHAEF SENTENCED

Hokitika Guardian, 13 February 1918, Page 3

SCHAEF SENTENCED

TWO YEARS’ REFORMATIVE

TREATMENT

WELLINGTON, Feb. 11. The criminal sessions of the Supreme Court were brought to a close on Saturday, when 1 Lis Honour Air Justice Husking passed sentence on prisoners. u’t'nir Waldemar Scbaef, who had brim found guilty of concealing the sum of £1590 from bis creditors after being declared a bankrupt came up for

sentence. '\li I’. W. Jackson called evidence to prove the good character of the prison-

l er. Mr Jack soil said Scbaef had residen in 'Wellington for about 20 years, and be asked the Court to admit him to p robation. His Honour: There is no use talking about probation. Breaches under the -Bankruptcy Act- are not cases for probation. That had been decided in this Court. Tn this case there is a deliberate defiance of the law. The prisonei lias undertaken to say, I will not ohea the law. and T will take the consequences.” This flouting of the - law makes it a crime of the worst kind. It- had been said that Scbaef had declared ho would rather go to gaol than pay. Apart .from this, evidence shows deliberate concealment of the inonev. The money was removed out. of sight of everyone but himself and his wife.

Mr Jackson suggested that His Honour should take into consideration Hie fact that Scbaef considered that a very groat injustice had been done to him.

His Honour: His duty'once he had been declared a bankrupt was 1o surrender 'all liis property to the Assignee. Scbaef declared “I won’t.” What (■•uld bd made of an attitude like that? “|s the Jaw to l:e flouted in this way ?”

Mr Aaekson pointed out that Scliaef did not regard the 61-500 as his to hand over. Nothing could .convince Scbaef that'he was not in the right. He had the honest belief at the back of Ills head. He was sorry Tlis Honour could not entertain the idea of probation.

Flis Honour : T cannot. Mr Jackson then suggested that .a fine, a substantial fine, might be im-

posed. His Honour: What is the use of imnosing a fine on a man who has no monev of his own.

Air Jackson stated that fines had beer inflicted under the Bankruptcy Act. His Honour: I will not inflict a fine This is a. case of deliberate defiance of the law ,and if tins is countenanced you might as well wine out the Bankruptcy Act. Mr Jackson then suggested that Scbaef could ho ordered to come im for sentence when called upon.

His Honouy: I should make the law ridiculous if I did.

Mr .Jackson : Considering ' the agony of miml the man has gone through, that he is a ruined man, and has now been found guiljy, surely a fine wit! meet the eas n ? I do as a final plea ask tint Your Honour make the penalty a fine

His Honour: When the jury brought in the verdict last night lie said, “T am not going to appeal to the lav. again.” Does ’ that mean he will use force on another occasion ?

FTis. Honour, addressing the prisoner said he was not able to accept, any of the suggestions put forward by prisioner’s counsel. It appeared to him that this was the case where a bankrupt (had deliberately put. out, of the 'way of his creditors and the Assignee a sum of £ISOO which amount would have been morethan sufficient to pay the liabilities. The prisoner had expressed the determination that his two principal creditors should not be paid and bad deliberate! defied the law. The penalty under the bankruptcy Act for such' an offence was imprisonment for two years. His Honour said he would not sent,mice prisoner to two years imprisonment, hut “you will lie sentenced to two years’ reformative treatment,, and the Prisons Board can consider the case from time to time If it should happen that the £ISOO should turn up in the meantime, no doubt the Prisons Board will take tin fact into consideration.” Schnef: Can I address Your Honour? His Honour: No.

Schaef when leaving the dock said something about “two prostitutes and two married men,” but before lie could say any more lie was hurried off into tin- cell below.