DEFALCATION.

Taranaki Daily News, Volume XLVII, Issue 8150, 6 July 1906, Page 2

DEFALCATION.

PEB PBESS ASSOCIATION, Wellington, July 5, Honry E. Oswin, who pleaded guilty to the theft of £450, moneys of tlie Public Trust Office. New Plymouth, •n which he was employed, was sentenced this morning to twelve months' imprisonment. It was stated that up to two years ago, when he got into financial difficulties and commenced to , appropriate the money of the Depart- j ment, he had borne an excellent character. He hid been in the service twonty-ono years. Later. | In sentencing Henry Robert Hall , Oswin, of the Public T.ustee's Oifloe, , New Plymouth, who admitted em- ( bezzling filoO received as rents under the .Reserves Act, Mr Justice Cooper said it was a painful thing for any Judge to have to deal with a case like this. Prisoner was only 33 years of age, and had 22 yearsj Government service. His Honor had no doubt whatever that the prisoner for the greater part of that term carried out lus duties satisfactory, and committed no breach of trust, nor need he doubt the explanation given by Mr Wilford as to the way in which his client arrived at his present position. But where there had been a series of embezzlements extending over a considerable period of time, committed as in this case by a person in a position i of trust, the provisions of the First Offenders' Probation Act could not 1 safely be applied, though His Honor , had no reason to doubt that O.iwin's • first lapse from the path of honeßty was caused through stress of circum--1 stances. Unfortunately, when he

I found himself in financial trouble, he resorted to money • lenders, instoad of facing his trouble. No doubt the big interest charged expedited his financial downfall, and finally he did what, alas, too many men had done, with the result, quite as one might have anticipated, his position . became worse, and his moral - flb'e became weakened. His k Honor said he would have to pass a sentence of imprisonment, but would temper justice with 3 mercy. He would take into consider--6 ation that prissner's character up to J two years ago was good, also that he t had forfeited his position under the f Government, and an allowance of e £4OO for whict he had qualified. On s the other hand, however, he had taken j a larger sum from the Government a coffers. Also, His Honor would take s into consideration that Oswin was a t young married man, and though it was r no logical ground for remitting any v period of imprisonment, one could not g help considering that the direct result 'f of Oswin's crime would be very seyere punishment to him in itself, and that he would suffer greatly, for, no doubt, e he had the ordinary feelings of a man d for his family, as well as for himself. II Although he had admitted taking £450, His Honor would not pass a L heavier sentence than twelve months, ■r One must recognise that an oilonce is must not be measured by the amount ie , of defalcation alone, but by the whole surrounding circumstances, and a seny tencc of twelve month's imprisonment n would be really collateral punishment. I 1 His Honor hoped when Oswin came '' out of goal, he would endeavour to rej habilitate himself, though, no doubt,'it ■e would be difficult for him to regain 11 a position of trust. It was to be y hoped that his friends would do all 11 they could for him—his later friends, that was not those who loaned him money at 60 per cent—and would endeavour to assist him when he came oat of goil. Every right-minded s> citizen should endeavor to give a it chance to a man so situated. Sentence of twelve month's imprisonment was is then passed, ie •! ANOTHER CASE. r PEE FitESS ASSOCIATION, e Wellington, July 5. ;e Bernt, Larsen was to-day sentenced to twelve month's imprisonment by ( Mr Justice Cooper for embezzlement. The 7 defalcations, amounting to 13250, ex,f tended to over a period of eighteen months.