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Letter from John Moorhead to Henry Wynne, 23 June 1916
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Letter from John Moorhead to Henry Wynne, 23 June 1916
National Archives of Ireland
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<lb/>offered on behalf of the defendant that he had over slept in defendant's <lb/>house during the last six months prior to his enlistment except as <lb/>alleged for one night, viz;- the night before enlistment. Neither was <lb/>it alleged on behalf of the defendant that during those six months she <lb/>had received any money whatever from the recruit. It was therefore <lb/>beyond dispute that defendant had no claim as a "dependant" within the <lb/>last six months and the solo question was whether or not the state- <lb/>ment in the Declaration that the recruit "resided with defendant <lb/>immediatley before enlistment" was true or false.</p> <p>There were a large number of Magistrates on the Bench <lb/>most of whom seemed to know the defendant and to be convinced from the <lb/>outset that she was a person of unimpeachable character who could <lb/>not be conceived as guilty of such an offence. Mr.AcAfee J.P <lb/>testified to that affect on cross-examination. The leaning of the <lb/>bench was so obvious from the outset that I had the strongest suspicion <lb/>they had been in dividually, or most of them, canvassed, and in any case <lb/>that a convinction was hopeless. They held in view of the testimoney <lb/>as to character which was really the only evidence on which they could <lb/>rely that the defendant did not intend to commit a fraud and therefore <lb/> unanimously dismissed the case. I argued that a person must be <lb/>presumed to intend the natural meaning of their own acts, and particularly <lb/> of their own deliberate <del>xxxx</del> words, and I further urged on the form <lb/>of the Statute 44 & 45 Vic. Cap.58 Sec.3 (1) that in the sub-section there <lb/>are no words such as "knowingly" or with intend to defraud" or similar <lb/>words indicating a personal <foreign>mens rea.</foreign> I have not found any clear <lb/>authority on the point and I should be glad if it were convenient to <lb/>have the opinion of one of the Law Officers on this point for further <lb/>use if necessary, as these prosecutions are still comparatively frequent. <lb/>The section provides "if any person by means of any false <lb/>Certification, false representation, false document, false statement, or <lb/>other fradulent means obtains, or attempts to obtain" &c In the per- <lb/>sent case undoubtedly the statement on the claim was a false statement <lb/>but whether it was false to the knowledge of the person making it and <lb/>therefore fradulent is another matter. My own impression is that the <lb/>words "or other fradulent means" governs the preceding words of the <lb/>section, and that therefore the false certificates, false representation<pb/>
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Notes: