MAGISTRATE’S COURT.

Gisborne Times, Volume XXV, Issue 1986, 23 January 1907, Page 2

MAGISTRATE’S COURT.

(Before Air Barton, S.M.) Yesterday morning Frank Von Lubbe, who was remanded on hail from the previous day, was charged that he did on or about the 7th January, then being employed as secretary and treasurer of the Toiaga Bay Young Alen’s Club, fraudulently convert to his own use the sum of £8 15s, money belonging to the said club, and received by him on account of such club. Air T. Alston Coleman appeared for defendant, who pleaded guilty to the charge. The police briefly detailed the circumstances of the ease, and from their statement it appeared that defendant had left Toiaga without saying a word to any members of the club about his going. He was arrested on an Auckland vessel bound for London. Mr. Coleman, on behalf of accused, said ho was only 21 years of age, and had been thrown on his own resources. Ho went into a shop at Toiaga Bay, paying £39 a year rent. Here lie . sold summer drinks and other things. He started a club of young men, who met on these premises, and defendant was appointed secretary and treasurer. Defendant was expecting to receive a considerable sum of money from his people in Germany, but as it did not come he decided to go and see about it. He had insufficient funds to take a trip home, and he foolishly appropriated the money of the club to pay tlio expenses of a journey home. It was a foolish proceeding, but it was the action of a thoughtless boy —for lie was no more than a boy at the time—rather than that of a hardened criminal He did not leave Toiaga Bay in disguise, and lie booked his passage in his own name, right through to Loudon. After putting his luggage on the boat he was apprehended. There had been no attempt on his part to defeat the ends of justice. When accused he admitted the charge. The amount of money taken was small and he was instructed to say on behalf of the accused that as soon as he received from his friends the money due to him he would make restitution to the Club. His funds at present would not enable him to make complete restitution. Considering the defendant's youthfulness and the fact that lie had hitherto borne a good character, there was a very good chance that in the future be would reform and become a useful member of the community if he was dealt with as a probationer under the First Offenders Act. He (Mr Coleman) made application for probation. The accused wished to make full restitution.

Lubbe was now further charged with stealing a tin trunk, value 10s, the property of Charles John Boreham, shop assistant, of Tolago Bay, about the 7tli inst. The accused pleaded guilty. Mr Coleman said the trunk was of little value. It was lent to him to go to Gisborne; but *he went a little further with it—he took it to Auckland. Accused had regarded the trunk as in the nature of a gift to him. Tho accused was also charged with stealing about the same date at Tolago Bay one violin case, and one violin bow and strings, value £1 Is, the property of James Hales. Prisoner pleaded guilty to this charge also. Mr Coleman said the accused had used tho violin for some time, and had come to look upon it as his own. These charges were all part and parcel of the same transaction. The . Magistrate: That can hardly be said to bo the case. : Mr. Coleman again asked His Worship to deai with tho prisoner under the Probation Act. His Worship declined to accede to this request. He sentenced prisoner to three months’ imprisonment with hard labor on the first charge of embezzling the monies of the club, and on the other two charges he sentenced prisoner to 14 days’ imprisonment with hard labor in each case, the sentences to run concurrently. Mr. Coleman : May the sentences be commuted by a line? His Worship: No, Ido not think this is a case for a fine.

HOLLOWAY DRAMATIC COM- • PANY. TO-NIGHT. Mr. Charles Holloway’s Dramatic Company arrive by the Mokoia this morning, and commence their season of three nights at His Majesty’s Theatre to-night, when our theatregoers are to witness for the first time that remarkable play “Two Little Vagabonds,” remarkable no less from the brilliancy with which it is interpreted than fiom the intrinsic merit of the piece, it is impossible to spec it too highly. Wherever it lias been played it has drawn crowded houses, and even the most case-hardened theatre-goers, people who have become blase from constant attendance at the theatre, have been lured by its magic spell to its representation oyer and over again. George !!. Sims, whose name is a household word throughout the Empire, collaborated in. the writing of this play with Arthur Shirley, a young writer of genius. The association proved a superb thing for the stage, “The Two Little Vagabonds” containing within its five acts all the qualities of greatness. Pathos and humor, over close neighbors in real life, are here blended in exquisite proportion. Bathos and vulgarity have no part ’ll it. A sad, sweet story, emotional in an ennobling degree, it gives a reflex of life ill multifarious phases that lias a haunting effect upon tho memory. One arises from a performance of “Two Little Vagabonds,” it is said, with a deeper love of humanity, a more intense sympathy with suffering, a higher use of duty, a loftier view of human possibilities. To-morrow (Thursday) “The Coai King” will lie produced. And on Friday, the last night- of the season, tlio company present “The Shadows of a Great City.” Tile fame of the company has preceded them, and an enthusiastic welcome is assured.