SUPREME COURT.

Taranaki Daily News, Volume LV, Issue 98, 11 September 1912, Page 7

SUPREME COURT.

• NEW PLYMOUTH SESSIONS.

The New Plymouth sessions of the Supreme Court opened yesterday morning before Mr. Justice Edwards.

PRISONER SENTENCED. There were no criminal cases for trial, but Ed~ward Bourne came up for sentence for a number of eases of theft of moneys amounting to about £!)0 from his employers, the New Zealand Loan and Mercantile Agency Co., Ltd., at Opunake, to which he had previously pleaded guilty in the lower Court. On behalf of ,the accused, Mr. A. 11. Johnstone entered a plea for leniency. Bourne had, he said, pleaded guilty to eight charges of theft and misappropriation of funds totalling about £9O. The prisoner was a young man, 29 years of age, with a wife and three young children, the youngest of which was five years of ago. The crimes to which he had pleaded guilty were largely due to misfortune, and difficulties brought on by sheer misfortune. He was hard pressed for money when he first fell from grace. Until live years ago he was a elerk \n tli,e office of a firm of auctioneers in Hawke's, Bay, but was urged to take up a position in Wanganui. He went to Wanganui, but the promise of employment was not fulfilled, and for a considerable time he was out of work, and in the meantime his debts had been increasing and he was unable to meet them. Ultimately he got employment at Hawera, but the salary was only £2 5s a Week, and it was impossible for him to reduce his debts. Later he joined the employ of the Loan and Mercantile Agency Co. at Opunake, receiving £2 10s a week. His wife became ill and his first month's salary went to pay her hospital bill, and it was then that he was first tempted. When lie first came to Opunake he purchased some furniture through the company by which he was employed, and payment was to be deducted in small sums from his salary. As a matter of fact, he got no salary on this account for two months, and fell further into temptation, taking further sums of money. The Wanganui creditors were at the same time pressing. Counsel added that he was instructed that accused had not gamble'd, and any drinking he had been guilty of had not been to excess, and was due to the worry and to the possibility of his defalcations being discovered. He had made a full confession of his crime. Prisoner's previous record was good, as was also the probation officer's report. His Honor: That is not so; it is not favorable.

Continuing, Mr. Johnstone stressed the fact that any punishment of the prisoner would fall most hardly on his wife and family.

Ilis Honor interjected that it was always so, to which Mr. Johnstone rejoined that in this particular instance prisoner's family would "be left absolutely unprovided for. His Honor then pointed out that according to the jrobation officer prisoner was addicted to drink, and lie had lived buvond his means, was of extravagant habits, and indulged in the luxury o f hiring motor-cars, which was more than he (his Honor) could afford to do. Asked by his Honor, Mr. Weston said that the prisoner had been in the employ of the company since March, 1011, but the defalcations only began about eight months ago. Addressing the prisoner, his Worship said it was quite impossible that a series of offences, which amounted to a breach of trust, and which extended over a period of eight months, and .had been supported by deliberate falsification of accounts, could pass unpunished. If lir? did so it would necessarily follow that in every case of this kind the offender must go free. It would mean holding out a premium to crime. 'Tt is," he continued, "a painful ease, as all cases are painful, because, as counsel pointed out, the punishment will mainly fall on the innocent. The course of justice, however, must flow on regardless of the consequences; otherwise, instead of the community being civilised and well ordered it would simply result in a state of anarchy. I will, however, take the most merciful course possible in this ease, and I order than you be detained for reformatory purposes for not more than two years. Possibly the Prisons Board may in their mercy be able to set you at large earlier than this."

SETTLED OUT OF COURT.

When the case of Curtis Bros. v. James Hawkins, claim for £243 13s, principal and interest alleged to be due on a promissory not, was called on, Mr. A, If. Johnstone intimated that the case had been settled out of Court.

A CASE ADJOURNED. On the application of the solicitors of the parties interested, his Honor adjourned until next session the case in which .Tames Ifavward sued Albert Edward Havward for £425 15s 4d for monies alleged to have been advanced in connection witli a milking agreement, and for losses and damages through an alleged breach oi the same.

IX BANKRUPTCY. Petitions for discharge from bankruptcy were granted as follows:—Fred. William Johnson, farmer (Mr. A. H. Johnstone); Walter Wacley, confectioner, formerly of Hawcra, now of Wanganui; Morokopa, a native residing at Taiporoltcniii (Mr. D. liiitelien): Amos Onions, of Eltliam (Mr. J. E. Wilson). (Other fuses heard are referred lo elsewhere).