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SUPREME COURT.
CRIMINAL SITTINGS.
CONVICTION OF A FINGAL POST-
MASTER.
At the Hobart sittings of the Criminal
Court yesterday, before the Chief Justice
(Hon. Herbert Nicholls), in the first
Court.
Arthur Allan Rattray, a young man,
surrendered to his bail on several charges
of having misappropriated money belong-
ing to the Postmaster-General, whilst
acting as postmaster and post office sav-
ings bank officer at Fingal. As he plead
ed guilty to having misappropriated £50
and £40, the other charges were not pro-
ceeded with.
The Solicitor-General said that as to
the £50, it belonged to a depositor who
was a soldier. The accused induced him
to place it on fixed deposit, and the £40
belonged to W. G. Mills, who had £44 to
his credit in the savings bank. Mlills
died in November last, and on his widow-
ed mother making inquiry, found to her
surprise that there was only £4 left to
his credit. Upon the detective proceed-
ing to investigate, the accused admitted
his delinquencies. Scrupulous faith in
the honesty of the post and savings bank
officials was of vital importance, so much
money constantly passing through the
hands of those officials.
Mr. Tasman Shields (who appeared for
the accused in conjunction with Mr.
Davenport Hoggins) said Rattray had
been in the post office service for 16
years, having risen from a messenger boy
at Launceston Post Office. He had a
wife and four little children. His fall
was due to speculating on horse racing;
for a time he was successful, and then
began to lose and to be involved, taking
out some money with the old-time idea
of making up with the next win that did
not come off, until in December last there
was a shortage of over £200. He had
given Detective Oakes, who was sent to
Fingal to investigate, every assistance,
and confessed to what he had done. He
(counsel) would not be so foolish as to
ask His Honor to deal with the unfor-
tunate man under the First Offenders
Act, but would point out that until his
fall he had possessed an excellent re-
cord, and had earned the goodwill of
everybody, in the Fingal district. If
His Honor could see his way to be lenient
with the man, it probnbly would have a
beneficial effect on his future life. Coun
sel read telegrams and letters from Sena-
tor Bakhap, Senator Long, and Mr.
Alexander McKenzie, J.P., bearing testi
mony to the prisoner's previous charac-
ter.
The prisoner was remanded till next
day for sentence.
BURGLARY AT PORT CYGNET'.
George Billinghurst, a youth, pleaded
guilty to burglary at a house in Slab
road, Port Cygnet, occupied by Mr. T.
O'Brien, and stealing a quantity of meat,
on the night of November 27.
Mr. Davenport Hoggins appeared for|
said lie was an orpli
lad, whoso father and mother dice!
the accused, and suiefTio was an orphan |
the same day, when Hie boy was only 15
months old, since which timo he had
been buffeted about on the ocean of
life.' ,Ho was very sorry for what he had
«lone; «he had never done any wrong be-
fore;' and he only took somo meat and
üoetässnrics of life.
His Honor: Y'ou mean it was not
Dusinessliko burglaryf
Air, lloggins: No, -Your Honor. It I
ras ¡nore of a mischievous prank. Hi»
sister who lives in town, «ill look nftei
him lol the tutuie Counsel appealed
lo His Honoi to ti eat tho accused unilci
tho Tust Offcndois Net
Hit bolieitoi Gene al bil el the accused
cnteicd aiiothei house at Agnes lliiulct,
in the same locnhlj und took «some
scones and othei uiticles of food
His Honoi lemanded lho pusonci for
sentence until to da}
BlvLAKING IN10 A ROAIAN
CVIT10L1L LHUIKH
\ilhui Johnson a }outn, plea-led
guilty to having biokeii anio the Roman
Lutholic Chuieh at W}ii}uid in leb
ililli} and stolen three íosaiy beads a
mcdill and 7s 9d ii oin the colleclinc,
boxes Ile «as lemanded ioi sentence
\L1LGLD CRIMINVL orrLNCl
Ino Male} Hobart Inborn el, and
rieeloiiik \ulontiiic Beek a dishevelled
lool ing mac, «eio indicted toi un un
lintuiul ollence On the application ot
Hu Soucitoi Qenoinl the tna,l was »ot
poned lill the Ala} sittings Alulcy be
in" admitted to bail «iib a sut ely ot
X-00
11 OB VRT-FORGING AiCHLQUU
LNDORbl MEN1
AN lifted Batt minti« collectoi and
cnnuissoi pleaded (,uill) lo haling foi«,
id an c jdoiscmcnt ot a cheque pa}ublo
to his tmplo)ci V 1 Wuuic at Uooait
and celling tho same cashed
Ml CliAiit uddiessed His Honoi on
behalf of the pi -omi pointing out as
exlinuating ciicuuintanees that the ae
uisiil hid always boine a good chai ictei
and a itputation as an enamellei te
stiliilion of the mont} had been made
it «as a eise of lapse iiom honest} un
dei the influence ot liquoi ile had a
«ni a iel si \childicn togethel with
a widowed mothoi to snppoit out of a
wi"c ot 12 10s pei «eek Counsel tint
soi nul testimonials to the uccused s pie
nous good c îaiactoi and appealed lo
Iii-, Honoi to deal with linn undei the
lust 01 enders Vet
lho pnsouei «us lemanded foi sen
teuti
BKLNKING IN10 N AILTH0DIS1
PN.HS0WGL
Ni linn Janie*, \N alton a young inn
pleaded "nilly to haunt, biol cn into the
Mit hod ist piiisonu"c at New low ii on
Simla«, moilun,; ltbiuui} 27 and stolen
bloodies ini(,s a "old p ndnnt a puise
and i small mihi ot mom \ the piop-ily
tt the Lu H N Oicicnd and Nils
(.hound the Soheiloi Gentilli stat el
Hint the jewellci} had been locoicicd
Pu onei was iimandid foi s«*nlenct
Y\Ol ND1N0 V MNKL
N\ ni Dnuic a labouiti pie ided guilli
(o Inn in" lelemiou h i oumlrd a mure
it the l(o}iil ixclnuigo Hot 1, Hobart
on the l°th i l-l
Hu Solicit n Gentilli raid it was a
ven eiuel tau Lhc mues bowels leie
frunel picliuduit, ,
Ml ii linen ioi the pnsonei sub
iniltid Uni the accused «is a demented
nun not actoiuitabh foi lins ictioiis
lu uki nu leiuand el toi senti nee
Nil I OLD IIOKSl SILNL'NG
AN in (li ile Di«, is u laboiuci jf
liinkloil pie did n t "uiltj to a
chingo cf Inning bldeu oi nee \cd stolen
pioiiti m? t hois the piopeit) ot
NlcMiel i campbell it liuiuuck on
Hu 31 t Oclobei last Ile wa, delend
ed In Ali tlidi Gibson ol Oatlands
lho ' olicitoi Ginirul sud tlio liuse
«as iiinninn in om of Ali Cvnipbells
I i Id Is« lb I* c otheis it was a gin
liulf bl x1 hick «niel « is <ife in (he pad
dock in Sntttiilni Octob i 10 ind on
tin foHowin«, Alontlai morning it «.as
m ins, Si\ «eels allein uds the hoiso
«is fotinel in a i table at Kelso in lho
1 i leonsfield dintnct and was dinned b)
lho itemed ns his propnli It «oiild
be p mel that two dal befóle the boro
disippcued the accused w is seen in the
elisliiel he usitetl a hotel at 1 \eloi
anti jtft i bleich \ Inch lu «sad sonic
om else would c ill foi «Inch w is done
On Sunda} the 31c-t the horse ins s cn
boin«, ndden tluoiigh Colina noilh
Is hi a man «ho lestmbled the ne
eu ed and on the follow ni), morning tho
act used was identified is riding the
annual neat his homo al Ti mil fe id
Hit accused was a natue of the Tun
natk dn-tucl
Nlexundei Campbell gaie ende ice
identify mg tlio hoi je as his propel t}
aid in cioi-s e\imin ilion «aid the ic
cused « is his biolhei in law
Pille 1 oopei Williams identified the
hoiso us one thal ho saw bein" ndden
thionch (onna on blindai Octobei ol
and he belie ed the au used was the
ndei lho how «a» "oing nt a walk
nig pace till tho ndei saw hint when
it waa pul into a lanttt it seemed
tueel, and almost 1 nocked up
Ino C1 indo Gi eui hotelkeepei Gxe
ter depo ed to the biojcl" incidei t
I Hichniel Smith Robinson f inner
lrmkfoid md (hat eaih on Alonda}
Noiombei 1 loi X2o on (he loid about
n giey hoiso towauls 1 lankfoid and ii
hid Hie nppeaimeo of hanng Unveiled
n long distance and Hit ndei seemed
tueel loo Ile identified the horse
i^un «bon in the cusleel} qf (he police
G NA Smith fnrmei linnlfoid nid
Hie licensed told linn that lu uni "oin.;
to pinch isc a hoi se and ho (iiitiiss)
thought the one ho saw lum nding wns
the one ho lind bought
Congabie ! A Alaishill depo ed to
questioning tlio pnsonei about the hoiee
wine li was found on Mi Ii«. Sqiuios
furn then he* s ud ho boutlil it on
Noiembci 1 foi X2j which he sind
lu lind pi id on tin lotd about
si mile li j ia I ti mees on lunn a man
he did not 1 now mid whom ho lind net
«con since bul pioelueed a stamped le
topi foi (he mono} «hieb he s ntl he had
pud si"ii(d T I Diyiti
I olici Soi0et*.nl Waleimnn «,i\o uno
lointno oí idóneo also Pol c Se can,.
Hool e
NI this stille of tin liuil tbi (inn!
id]ouincd lill tins moi mu
N0 2 CRIA1INNL COURT
In the No 2 Ctinnnnl Couit befoie
li lu«-tite Ewni| the tollo« in" mut
tels «eie de ill nilli -
lORGLHt
Roheit Binnie Alitlnt ii *,oun" nun
wis chu ted with hiiini" on J cbiunij
Id filnnioublj ioi) ed n ceit mi endoisi
ment on Hie bicl ol n cheque of the
nlue ol X1 os di mu in inioin ol 11
1 Nlieleod On ii second count Ainllno
i is chu(,td nilli lui hil, ulteicd the sud
i beque nell knownin the ciidoiscniont
li bo i ioiDei}
Mi L J O Buen ippeued loi the ni
cuse el and Ali Bank» Smith lor tho
Liol n
lui} Alessis Hil innii (foiemiin)
lohn N McLcod T G Gieciilanel L 1
Collin D £ ci t,uson C R Denholm
NN dil un Biukc J 1 Ha} ton NV II
Smith A\ lill un -Geoibi on A L Gcn"o
pin and L li Cole
llecloi 1 "Macleod okctnciAii can}
ng on business in Altuiai sheet Hobait
sud the accused was emploied bj linn
'ot u0ht ot nmo liionlhs as a cuntasser
fo the sale ot eleclnciil "oods He had
some li insultions nilli i m m nunied
Siniuel Chaiteus AViKon in «hose house
li instilled olee tue liüit fittings Hie
cheque ploduced «ns diav.il b^ NN ilson
ii witness s fivoiu foi £1 os lluio
was an ei cloisemonl on the bael of tho
cheque otisisting of the woids Mi
Alacl otl Ibis «as in the liandnrit
mt ol tlio accused Atallue had no au
thonti to rudoiso the cheque
Bj Ali 0 Biku AA hen Muline fust
caine to Hobiit ho was emploied b} nil
ness as nu electiician at a salan of 12
8, a week Subspqutnth he uinn0cd
willi Alallue to undeitoke the sale oi eel
lain electucal goods on it salan of X3
a «eek and o pei cent commission on
Hit total amount of Ins sales ¡tt tlio end
o Hie lein It «as nuclei stood that if
Alatlue «is eli"nn sod befoie the end of
the 12 months' he would not be entitled
to receive,any commission on the sales
made by him.
Evidence was given by Samuel Char-
teris AVihon that he, gave« the accused
a cheque tor X1 5s. jn payment of an ac-
count clue by bim to Macleod. He minio |
the cheque p'ayable to "Air. Macleod."
Bertie Clowe, meat salesman, staled
that on February 10 the uccuscd clime
into his shop and asked bim to cash a
cheque for ,£1 5s" which had been drawn
by S. C. Wilson in favour of "Air. AIuc
leod." Witness pointed out that the
cheque needed to be endorsed, and the ac-
cused said, "Oh, 1 will endorse it if you
will give nie a pen and ink." Tho ac-
cused then wrote the woids "Air. Alac
lcoel" on the bae'e of Hie cheque, nnd
| witness gave him the cash for it..
Detective Harmon deposed to having
| arrested (ho accused. The latter was in-
formed of the charge r-gninst him, and
given (ho usual warning. In reply lo
the charge, however, he said: "I did not
sign his initials. .' thought it was not
fcrgory unless (hu iniliuls were signed in
I limit of the name."
By Air. O'Brien: At the time of
arrest a receipt book was found' on the
uensed, milong other things.
To His Honor: The receipt book had
bien handed over in connection with
other charges pinding against the iu
I ci'i'ed.
Air. O'Brien submitted that tile charge |
of forgery ngainsl the acoused had abso-
lutely failed, and that, so far as the
charge of uttering was concerned, there
was rio evidence of criminal intent. He |
suggested thal the accused, after obtain-
ing Hie cash for the cheque, had put the
X1 5s. into his employer's till, nnd had
not appropriated it lo his own use. In
further extenuation, he said the accused
had been addicted lo the morphia habit,,
and was not altogether responsible for his
actions.
Tile jury retired al 11.55 a.m., and re-
turned to court ut 12.19 p.m., when thoy |
returned a verdict of guilty.
His Honor, in sentencing the accused,
said, ni though ho had only boen in Tas-
mania about nine mont hs, he had ni
rraely been convicted of larceny from a |
| dwelling and had now been found guilty
ot a very serious offence. Ho thought
h* would not be doing right unless he
sentenced the licensee! lo a substantial
term of imprisonment. He ordered
Mat hie to bo imprisoned for a term ot
l8 months, us from February 21, the dato
of his arrest.
FORGERY AND UTTERING.
Leslio Robert George Triffitt, l8 years |
of age, pleaded guilty to having, "ii De-
cember 8, W15, forged an order fee tho
payment of money to the* amount of
X10D, and having tendered the same lo
I Aiessrs. Roberts and Co. Ltd.
Air. O. Davenport Hoggins, who ap-
rendí for the defence, said (he licensed
wns the son of highly-respected people
living at New Norfolk, mid had runic
the best possible character until recently.
On coming to Hobart, however, he had
got into bad company, and been led inlo
wrongdoing. On December (J he pre-
sented ¡in order for X5 to Aiessrs. Roberts
and Co. Ltd., and had obtained cash
for it. Two days later he presented
a further order for X10") at the sanio
place, tout this niousrd suspicion, nnd
Um mutter wns placed in the hands of the
police
His Honor said he was prepared-to lake
ali the«- circumstances of the case into
consideration. Ile could no1 deal with
tho prisoner as a first offender, but would
deal leniently willi him by sentencing
lum to four months' imnrisoiunenl.
ALLEGED INDECENT ASSAULT.
The case against James Burton,
charged with an indecent assault at
Franklin, «-as called, but the accused
failed to appear.
Air. G. Crosby Gilmore said ho lind been
asked by the father of Hu« accused to ap-
pear foi' the defence, bul he had since
heard that both fath« r and son lint' en-
listed.
A warrant for the arrest of the accused
was issued.
NOLLE PROSEQUI ENTERED.
James .Tones, a youth, was charged1
with having committed ¡in indecent 113
snult on a girl 10 years of ago at Frank-
lin an November 21.
Ali«. C. S. Page (Aiessrs. Page. Hotlgmnii,
and Seager) appeared for the defence.
After several witnesses had boen ex-
amined his Honor asked Air. Banks Smith
whether, in view of the natur,« ol''Hu*
evidence«, he proposed lo curry the mat-
ter further.
Air. Bank-: Smith said,' tinder the cir-
cumstances ,he thought II b'tler to ask
Hint a nolle prosequi i.hculd be entered,
and his Honor agreed to ti» this.
Tho court adjourned until 10.30 a.m. to-
day. ? , . |
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