âWALFORD BIGGS IS GIVEN TERM IN PORTSMOUTH,â Ottawa Journal. 1931-04-27 - Page 03. ---- Former Renfrew County Treasurer Sentenced to 3 1-2 Years ---- Special to The Journal PEMBROKE, April 26 -Three and half years in Portsmouth Penitentiary was the sentenced meted out by His Honor, Judge J. V. Mulcahy, in County Judgeâs Criminal Court here Saturday afternoon on Walford A. Biggs, former treasurer of Renfrew County, who, a short time ago, pleaded guilty to the theft of $117,930 of county funds during his term of office from 1924 to the end of 1930.
The case, which had been adjourned from Monday last, at the request of the Crown, was opened at 1:30 p.m. the court room being crowded. Warden Mclntyre and any members of the County Council were present, as well as a large number from town and other parts of the county, even standing room being at a premium.
Tense Atmosphere H. B. Johnsom, K.C., Pembroke, and George Sedgewick, K.C. of the Attorney-General's Department, Toronto, represented the Crown, while George F. Henderson. K.C., of Ottawa, appeared for the county, and W. H. Williams. K.C., Pembroke, represented the prisoner.
The accused listened to the presentation of the case by the several lawyers and to the passing of the sentence without any outward signs of emotion, although his face, which had more color than on his last appearance, showed clearly the strain which he was enduring.
The atmosphere of the crowded court room throughout the proceedings was very tense. The spectators leaned forward intently to hear every word spoken by the lawyers and the judge, all of whom talked in rather subdued tones and showed that they, too, were feeling the strain of a trying ordeal.)
Mr. Williams, after a reference to the other legal representatives present, and intimating that he might find it necessary to ask permission to reply to their remarks. said it was his duty, as defence counsel, to present the facts in mitigation of the crime to which the accused had pleaded guilty.
In going into the history of the case. Mr. Williams told the court that he was not attempting to make excuses for Biggs. He found the case somewhat unique, in that it was the first time in his experience where. after an accused person had pleaded guilty, so much "hubbub" had been made. and appeared rather surprised that in addition to the Crown attorney, a representative of the Attorney-General's Department Department should have been sent here to represent the Crown.
Counsel Reviews Case. Biggs had been appointed to office when only 23 years of age. He was the son of a then county councillor, George D. Biggs, and member of a family whose name had been unblemished in these parts for nearly a century. As a child he had suffered from infantile paralysis and as a consequence had been left partially crippled on the left side. An only son. his parents had lavished their love upon, him and brought him. through, and given him an education, to fit him for after life.
The position of county treasurer had called for a bond of $20.000, and one of the conditions of this bond was that his books should be audited from year to year, and this apparently had been done. In December of 1925 there had been defalcation of a few hundred dollars, the young man taking the money for stock speculations which unfortunately had yielded him some profit.
He had then been advised to carry some stocks on margin, with a promise that his account would be carried, and he bought again in this way. In three or four days, when the market slumped on these stocks, he was called for money and when he said he did not have the funds, they insisted on payment, threatening exposure. This was the beginning and after. losing large sums he decided on a change to another firm. hoping to re-coup his losses. and that the other firm would deal fairly. But matters went from bad to worse, until finally, he found himself in such a position it was impossible for him to get out of the mess.
From year to year, he had gone. along, carrying this load on his con- science and hoping, not being able to sum up courage enough to confess, that the defalcations would be discovered by the auditors, as it must have been plain from the books that there was a large shortage.
All moneys received by him had been recorded properly in the books, though all had not reached the bank. It was the old story of hoping to recover, for all the time he had been taking money, it was with the purpose of securing returns that would enable him to make restitution.
Mr. Williams said he had in his possession copies of letters in which Biggs had recounted his losses and appealed to them to help him recover. Two years ago he had been offered a position which would have given him double the salary he had been receiving, but he could not accept. He had suffered untold mental agony and had finally resigned last October. Even the audit. made when his successor took office, had not revealed the shortage, and finally he confessed. Mr. Williams said that he had given to the auditors and two members of the county council's special committee an approximate statement covering the shortages for each year. and these figures had not differed substantially from those' found by the auditors except for 1930.
For 1930, the auditors had found $12,000 short while Biggs thought the amount was $9.263.15. This showed that the accused was keeping strict account of his takings, with the fixed purpose of making restitution, if possible.
Nothing to Hide. Counsel stated that he had the figures from the different brokerage firms to show Biggs' losses, and that he had shown them to the Crown and the auditors, while he had, on behalf of Biggs, done everything possible to assist the authorities. "We have nothing to hide," said Mr. Williams. "The money was taken, and we have lost it through the brokers, friendly tips, etc., and we are prepared to show at least one instance where money was lost through people who conspired to get Biggs to invest."
After telling of the efforts made to assist the authorities. Mr. Williams referred to ridiculous rumors about Biggs having $70.000 tucked safely away, and of purchases alleged to have been made by his wife in Ottawa stores, all of which he characterized as being utterly without foundation.
He had been insistent on giving all the particulars he could to those entitled to them, and could not have done more unless by broadcasting the brokers' sheets through the newspapers.
When Mr. Williams said the case had been postponed from Monday last in order to give opportunity to investigate the rumors about Biggs having money, Judge Mulcahy interrupted to say that he had been partly responsible, explaining that while the course of the court should not be influenced by public opinion, in a case such as his, where the money taken had belonged to the whole people of the county, the public had the right to know and feel satisfied that the persons charged with looking after the county's affairs had done their best, and the adjournment had been grant- ed both in the interests of Biggs and of the public.
Mr. Williams then went on to point cut that the prisoner had made nothing out of the money taken, and that he had been suffering a continuous nightmare. Feelingly he told of the crushing blow to the young wife, parents and family of the accused, and he then went on to make a strong plea for leniency and for a sentence that would not crush out all ambition. No matter what the sentence the scar would be there, and he would bear it through life.
Had Lost Hope. "Is that to be intensified, and is it the intention of justice that the sentence should be such as to brand him as a criminal beyond redemption?" asked Mr. Williams. "Is he to be associated in the penitentiary with that class, the scum of our own country and other countries, who are hardened criminals?"
The prisoner had lost hope already, and should he be sent to Kingston to mingle with such people, his spirit would be entirely broken. Biggs would have little inclination to mingle with the brokers there, as a glance at the records would show that they had been largely responsible for his downfall.
Mr. Williams then went on to speak of the leniency of the sentences given to these brokers, who had been given from two to three years for crimes worse than stealing. The amounts they had taken were beyond comprehension, while they had lived extravagantly and some still had fabulous fortunes.
It would not be fair that Biggs should serve a term equal to theirs. and Mr. Williams suggested a sentence to a reformatory of two years less one day. He concluded with a moving appeal on behalf of the prisoner, his wife and family and all of the name, that he be spared a sentence that would bring on all of them a disgrace they would bear to the end of life, by branding him as a penitentiary convict, when, if other people had performed the duties they were paid to perform, he would not be in such a position today.
Sedgewick Replies. George Sedgewick, K.C., Toronto, for the Attorney-General, replied to Mr. Williams, referring to that gentleman's opening remarks as having no bearing upon the matter of the sentence.
It was probably well that counsel should speak of the facts, as the people have a right to know them. Information from the auditors had shown total defalcations of $11,901. commencing with $4,795 in 1925. In 1928 some $39,621 had been taken, and in 1930, $12,017.
There had been no restitution, but 95 percent, of the total was accounted for by unwise investments in mining stocks. Some $7,000 or $8.000 is unaccounted for, and cannot be definitely traced.
Replying to the plea of prisoner's counsel that he should not be sent to penitentiary, Mr. Sedgwick suggested that if a man becomes a thief, It is he and not society that is responsible, and the Crown cannot be blamed for the consequences. The Crown, unlike the defence could not appeal to sentiment, in behalf of society, but it has been found over the years that some severity to persons accused, as in this case, has been good for the country, and a deter- rent to others.
Speaking of the brokers. Mr. Sedgewick claimed a distinction should be made between that type, and the trusted official, who, left with the cash box, repeatedly and over a long period, takes the money entrusted to him. The fact that he has not personally profited does not mitigate the crime.
Against Leniency. Mr. Sedgewick strongly urged that the sentence be not too lenient. There were two things to consider punishment of the offender and a warning to others. Biggs had stolen. with his eyes open, to get rich and increase his worldly possessions, and not to return the money to the county. He should be judged on the motive in mind when he started to steal.
Counsel could not concur in the suggestion of a reformatory term, and told of a sentence of two years in Kingston given to a man for chicken stealing, which had been sustained on appeal. If the same.computation was applied to Biggs' case he would have a long term. He recalled the sentence of seven years just a couple of years ago to a defaulting official of the Finance Department, Ottawa, and suggested a similar term for Biggs.
George F. Henderson. K.C., for the county, said nothing in reference to the matter of sentence, but on behalf of the county authorities expressed, appreciation to Judge Mulcahy for his handling of the case and the opportunity afforded for full investigation. in which they had been assisted by the provincial police. It had also afforded. ample opportunity to accused for restitution, but none had been made.
Mr. Henderson recalled that the defalcations had started the second year Biggs was in office and had grown steadily until 1930, when there had been a marked decrease, probably due to the break in the stock market.
He pointed out that the auditors could not be expected to make a report from the brokers' statements. beyond accepting them as evidence. that Biggs had been dealing in a big way and that the money had, apparently gone in stocks.
Run Down Rumors. As far as can be seen, said Mr. Henderson, up to the end of 1929 the money had gone in this way. Apparently the prisoner had been living beyond his salary, and while they had been told at first there were no thefts in 1930, some admissions had subsequently been made and it was found that $12,000 had been taken that year. It was not possible to apply the same reasoning to this shortage as was applied to that of the previous years. Mr. Henderson told of the efforts made to run down a number of rumors which had been going the rounds and which proved to be un- founded, and said the only difference now with defence counsel was as to the ownership of a motor car.
He aroused considerable speculation among those present when he intimated that civil action is likely to follow in due course, in an effort to recover part of the county's money. and he said that as he could not prejudge the results of civil actions that may come before Judge Mulcahy." he had to be very guarded in his words, hence he would leave the present matter entirely to the judge.Â
Mr. Williams then made a somewhat spirited reply to Mr. Sedgewick and questioned the fairness of the Attorney General in sending a man in Pembroke to ask for a seven-year sentence - over twice as long as that given to the brokers.
Remarks by Judge. "Walford Biggs." said Judge Mulcahy as he prepared to pronounce sentence. "I do not need to tell you that you have inflicted a painful duty on me today. I would give a great deal if I had been privileged to stand before the judge, as Mr. Williams did and plead in your behalf. And I would give a great deal more if I could find myself in a position to accede to his request."Â
Judge Mulcahy continued that It was not his desire to say anything to add pain to the feelings of the prisoner. It was true that the family name had so far been unsullied. a fact which should be an encouragement to him. The judge stated that knowing the stock from which he had sprung. Biggs would not need to have some organization waiting for him when his term expired, and felt sure he would return to his place in society.Â
The judge found himself unable to agree with all prisoner's counsel had said and reminded Biggs that he knew he had done wrong, otherwise he would not be in his present position. He would not himself be influenced by public opinion in passing sentence and took occasion to comment on some newspapers which endeavor to direct the course of justice. while idle rumors should be set aside entirely.
The judge referred to the rights of the public whose money had been taken and who should be consulted to the extent of knowing that those responsible for the conduct of the county's affairs have done their best. The Crown had asked for punishment and for sentence as a deterrent to others.
The prisoner had endured much mental punishment already, and this would not end with the passing of sentence.
.Passes Sentence. "I wish with all my heart I could accede to the request made by your counsel, but I cannot," said the judge in conclusion. "You will have to go to Kingston for a term of three and one-half years."
Mr. Sedgewick intimated that the Crown would not object if the sentence was to start from the date of Biggs' arrest, which was February 25 last, with which Judge Mulcahy concurred, and this will take two and a half months off the penitentiary term.
Biggs received the sentence coolly and walked briskly from the court room to his cell when court was adjourned.
[AL: Biggs was 29, married obviously, from Pembroke, scarred by spinal meningitis, a non-smoker but an intemperate drinker. At Kingston Penitentiary, he was convict #2175 and worked in the Library until June 1932, when he was made a runner for the Mason Gang at the New Female Prison. He was not a participant in the October 1932 riot, but did use the investigation afterwards to talk a lot about his case. âWhen I came in here I held a responsible position and I got into trouble which brought a lot of grief to my relatives. I am down here to pay for it and I made up my mind regarding the circumstances that I would put up with them.. do my time as quickly as possible and get out.â Biggs felt that the âthing that would bring me the most pleasure would be the privilege of writing to my friends twice a month.â He also felt that during family visits, a change was needed: âWhen my family come visiting, I also had in mind to suggest that the method of having a visit here, and when our friends are here, it would be much better if it could possibly be changed by the architect, and yet make it safe for your people, and yet make it a little more pleasant for the ones that come to visit us. I noticed that when my people came, they naturally looked around at the screen and bars here, and our suits. I cover up my number, and feel it very much. I would make a suggestion, more or less, that there be less screen and bars, and more open space, and that we are allowed to wear a work smock to hide our suits.â He also requested, as did many other convicts, âa little recreation in the form of music at least once a week to take our minds off the steady monotony of this life, because we get tired of reading.â Finally, he felt that ânewspapers would be a big help to the menâ because it would better âequipped them for taking up life when they go out of here. We are so badly out of touch with the world conditions and business affairs that we are unable to form opinions of what would be probably the best lines of occupation after we get out.â He felt that âa couple of years out of the business world makes a big changeâ and that this would damage his chances of rehabilitation. Biggs was paroled July 1933.]
