1916 Letters |

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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Letter from John Moorhead to Henry Wynne, 23 June 1916

National Archives of Ireland

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