MISAPPROPRIATIONG.

Taranaki Daily News, Volume XLVIII, Issue 81917, 4 February 1907, Page 2

MISAPPROPRIATIONG.

A COMPARISON IN l't\\ I.jlJ. AIUNT. THJi CASE Oil 1 J'iriiViS.

Per Press Associariou. Wki.lisutos, February 2. Alexander Watt l'urvis, lato secretary and Master of Hie Benevolent Institution, was brought before Mr Justice Cooper at the dupretne Cjurt to-clay for sentence on twelve charges of theft and false pretences connected with the funds of liie institution. Mr bkerrett, wko appeared for prisoner, appealed lor probation, or a lenient sentence 011 tlie grounds that Purvis liad previously borne a good t b iraclct', and bad placed £ls') in trust tmi.ikc restitution, and that his man of the Oliiro Home bad bjen very successful from a financial point ol yiew,

His Honor said the ease did net uome within the First Offenders Probation Act. Prisoner bad an established criminal indention. Prisoner had abused the trust placed in lu m although not to a very large extent, .-0 far as investigation showed. All extraordinary feature of the ease seemed to be that prisoner was a inun ot' means. His own explanation was that he had succumbed to the temptation ot two others I'i passing a sentence of twelve nnnths imprisonment ho thought lie was dealing lemeutly with accused. 11. S. IZAIiD'iS CA*E.

Wellington, February ■>, When 11. S. Izard came up for bcuIcnee tills morning Mr SkeiTeit, bis! counsel, said the prisoner could have escaped punishment by llecing the country, but he had remained to face the consequences of his crime and had given the prosecution every facility fur the investigation of nis all'airs as to the trusts misappropriated. Jt couid. be said for the prisoner that but for his personal efforts tin; rights of his bcnelieiaricN would never have been <s tabiislied. Ibis was 110 justilication of the oll'encc, but counsel thought lie sliould mention it. Prisoner's wile set aside a substantial part of her private income to help those who had Buffered by the acts of tile prisoner. Mr Justice Cooper said it was a vcrj extraordinary and very painful case*. Prisoner had belonged 1,0 an honourable profession anil had taken advantage of Itis position to fraudulently convert trust moneys to his own use. It was impossible that he could ailow

a case like this pass without a severe sentence, lie would take into consid elation tiie circumstances mentioned by -\lr Skerrett, but he had a duty to perform, though painful duty indeed it was. The prisoner's future would It very niucii all'eeted by his acts, and these detii !cations threw discredit on the whole of the legal profession iti the colony. The great majority, by far the great majority of the profession, were trustworthy anil honourable men. lint when one member commits frauds of this description a stain was tnrpwn upon the whole profession. The law permitted the passing of a sentence of seven years for this oH'cnce. lie was considering whether it was not bis bounden duty to pass that sentence, but in view of what .Mr Skerrett bad pointed out, lie tliouligt be was justilied iu passing not the full sentence, but tlie substantial punishment of live years' hard labour.