AN UNFORTUNATE CASE

Taranaki Daily News, Volume LIV, Issue 90, 6 October 1911, Page 3

AN UNFORTUNATE CASE

ANOTHER "LAST CHANCE" GIVEN. Henry Fyncs 0.-.llaghan. an old offender, came before the S.M. Court yes- l terday morning to answer charges of drunkenness and procuring liquor during the currcney of a prohibition order. Senior-Sergeant Dart prosecuted, and Mr. K. C. Hughes appeared for the accused. Callaghan had pleaded guilty a mouth ago to charges in respect of August '24, and as there was no vacancy at the Inebriates? Home at Rotorua Island at the time Mr. Fitzherbert, S.M., said he would give Callaghan still another chance, and adjourned the case for a month, warning him that on his conduct for the month depended the sentence of the Court. If he had a further lapse he would certainly lie sent to the island. At the expiration of the mouth the Stipendiary Magistrate was away, and the Justices adjourned the case to enable it to be dealt with by a magistrate. In

the meantime Callaghan was found under the intluence of drink again, and in charge of a horse whilst in that condition.' lie was now charged with being drunk whilst in charge of a horse in a public place, and with a breach of his prohibtion order. He pleaded guilty. Mr. R. C. Hughes appeared for the accused, and said he didn't know exactly what to say. He could only express his deep regret that defendant was before the Court again. He had urged before the claims of defendant's wife and family, and Mr. Fitzherbert had been good ' enough to give Callaghan another chance. But unfortunately Callaghan had again procured liquor. It was a regrettable fact that there were people in this, town who hung round persons having a weakness of Ibis kind, and supplied them with liquor. lie (Mr. Hughes) had kept in touch with the police and with defendant's wife, to assist in keeping defendant away from these people. But in spite of 'that Callaghan had givcH way. When the first two charges were before Mr. Fitzherbert there was no vacancy in the inebriates' home, to which, it had been suggested. Callaghan should he sent. He understood there was now a vacancy in the home. But I although sending defendant there would keep liiln away from temptation for a lime and give him a chance to pull himself together and start a new life, what would become of his wife and family? Callaghan was a man of good business ability, and an efficient land agent. During the past month lie had been working in conjunction with Messrs. Cilnmnr and Clarke, and had been energetic and successful. His weakness hadn't, affected his ability to earn a living: he had not wasted his substance, lie had. in fact, added to his means and' paid oil' a good many of his debts. If he was taken away he would not only lose this opportunity, but would be deprived of earning a living for his wife and faniilv. who should be considered first. His Worship: Is there any chance of his pulling himself together? Defendant (eagerly): I'll go away for a holidav, for a week, into the country, and pull myself together. His worship remarked that defendant had had several chances. Sergeant Dart said this was not an ordinary ease. Defendant had a long list of conviction 1 for drunkenness and breaches of prohibition orders against him. Shortly after Mr. Fitzherbert adjourned the last ea-'" Callaghan was under the influence of liquor, but ho was not arrested because he was in 1 his own house. For a week or ten days afterwards he behaved fairly well, so far as -.he police knew, but then he lapsed 'ag.iii,. ~:,d was taken to the police sxlali.ui in a terrible state of drunkenness. Sergeant Dart al.-o pointed out that Calhighnn had been given several chances by Mr. Fitzherbert. because of his wife* and fainilv. and Mr. | Fitzherbert had said (hat but for the I fact tb.it there was no vacancy he would | have committed him to a home. It was I the worst ea-e that he (Servant Dart) knew of. The man himself had to be considered as well as his family. The case had appeared to him to be such an urgent one that he had made a special report on it to the inspector in charge of the district, anil an answer bad been received that there wes now a. vacancy in the home. He was exceedingly sorry to have to press the matter, because of Callaghan's family, but the man himself must be considered. It was the most pressing case he knew of. and he asked His Worship to commit defendant. His Worship (after perusing Sergeant Dart's report to the Inspector, and the li-! of eo-.ivictionsi : 11;' ~,iir-e the difficulty is, as counsel has staled, that the wife and family will be deprived of assistance in earning an honest, living. Sergeant Dart:' That is so, but, that difficulty is hi i'.\,ui,,l, , v, ry ease of this kind, where the man is sent into custo.lv. I lis Worship: Ves, that's so.

Servant Dart: T fee] it's the only tiling tliilt iiiiiy possibly save, liiin. In rr']ily to' His Worship deforciant, said his a fit: was iilioiit 42. lie added that li•• had kept his wife and family respectable. ■Mis Wor: l! : ii: Tin! von don't keep yourself respedabie. Callaij:,:.a :iid lie had worked hard. lie had had liabilities of £2()(M) or £30(10. hut he hail work so well that he Mippo-.,d :::,m) would dear him.

Mr. Cnmke: It <ei'Tiis (hat the man caiiliol keep away I'ror.i !ii|iior. In the (i,:.rse of an appeal for leniency Callajdtaii said I hat if he were given another di.-iur in- wo.ihl promise not to touch liquor for at least two years. Mr. IhifiliiN siifriresfd that the, ease lie adjourned for a mom.ii 01 so to test defendant. If Calla.irhan jrave any cause for complaint in that time, he (eonn*el| would not ask i<<r further consideration. The man would have to fro to a home if he did nol keep straight.

Hi- Wnr-hi,, ....;,! that if 11m. oaso w. iv :idjonni.>d ii, Mr. Kitzli.rhcrL mi-Mb,> cm V.w brmdi when it I'litiM! (in Miriiiii. Mi'. I'itzlicilx'iL know moip about tin' ca-o than ho did. The matter \V(in!d be adjourned as od. lml if Call.i-ha:: did not behave himself, and ClU!!c' 1) fen •, \ u < C'.UU't, lljruin when lie (.Mr. C'oo|..ei was on (In: beneh. hi' would irrl no further leniency. It was Ids last chance. The case wa- then adjourned till Xovciilli.-;- !l.