CIVIL SERVANTS CAREER.

Taranaki Daily News, 14 August 1917, Page 7

CIVIL SERVANTS CAREER.

RBJIAEKABLE CASE. EXTRAORDINARY DEFENCE TO CHARGE OS THEFT.

Quite an extraordinary defence was set up in a case which came before Mr Justice Hwking in the Criminal Court at Wellington on Friday (says the Times). It was that in which Herbert Eaton Radcliffe, a man of 42, formerly chief clerk in the Mines Department, was charged with having on September 20th, 1910, stolen the sum of £l5O, the property of the Government, and on September 30£ h the sum of £35 Is lOd.

Mr V. R. Meredith, appeared for the Crown and Mr T. M. Wilford for the defence.

Mr Meredith, in opening the case, explained that the embezzlements had occurred through the accused drawing cheques on Government funds under his control. He had a deposit and imprest accounts in his own name. Radcliffe received from the Government Insurance Department £475 0s 3d in settlement of two claims by the Mines Department on account of accidents to two employees. As the Mines Department had already settled with its own employees this money was the property of the Government. It should have gone into the public account and "not the deposit account. Subsequently he transferred £2BO 18s 5d to the public account. The balance he drew in two cheques which were cashed and the money was unaccounted for.

Evidence in support of the statement of the Crown Prosecutor was tendered. Mr Wilford said that the case was a sad one. Six years ago accused was regarded as a coming man, and it came as a great shock to all his acquaintances when his honesty was called into question. A unique but just defence however, should secure the acquittal of the prisoner. For the past six or seven years he had been a secret drinker. From 8 to 10 o'clock every night he had (Soaked in whisky, and before breakfast he would take another one, but would refrain from alcohol all day. The cause of his drinking was to get relief from the dyspeptic effects of a disease' of the gums known as "pyorrhoea alveolaris." As a result of his drinking he lost his concentration of mind, acted automatically, and certainly had no guilty intent when lie appropriated £2OO of Government money which he had no need for, as he was worth £3OOO. Medical evidence was called to support the theory of counsel. Dr Gilmer, physician to the BadcKfi'e family for nine or ten years, stated that within the last year or two he

had to attend the accused on account of his excessive drinking. He had been astonished at liis recuperative powers. Even whep not under the influence of

liquor he did not seem to be quite normal. During the last month or two he had been under Dr Robertson's care. Cross-examined witness said that the disease accused was suffering from caused a septic discharge from the gums. Dr J. M. Mason, specialist in bacteriology, stated that he saw Radclifle on March 30th of this year, he having been brought to witness by his dentist, Mr Mantell. His gums were sodden, and all round the teeth there was a covering of pus. His teeth were nearly all loose. He was suffering from "pyorrhoea alveolaris," which meant that he would be constantly swallowing pus. His condition must have existed for more than a year. "Does that mean he was daily poisoning himself 3—"Yes.' "Does that produce a septic condi-

tion ?" —" 'Toxaemia.' It is a septic condition producing pai/soniiig of the blood." "What would be the mental condi■tion of a man who had been suffering for twelve months frcm swallowing such poison?"—" The general result of the swallowing of thij, putrid material is that the patient has a marked form of indigestion, fits of depression, and, as the disease proceeds, rheumatism will be brought on.'

"Would taking licjuor give him relief?"—"lt would relieve his depression. As a matter of fact, when I told him tc stop liquoring lie gave this condition •of indigestion as a reason for taking liquor."

"He does not strike one as a drinker?" —"No; he is looking much better ■now."

"Is there any sign of the secret drinker?"—"Oh, yes; shifty and evasive eyes. He could not look you in the face." "You diagnosed that lie had been drinking?"—"He had been drinking before he came to see bis at § o'clock in 'the morning." "Can you say from your examination of him and from the various observations you have had of him that he was normal as far as his capacity

to understand was concerned?" —"He was not normal when he came to me. He was recovering from the last night's liquoring-up. He repeatedly spoke of

the pain, discomfort, and depression which are always associated with this particular ailment." "Was his a had case of pyorrhoea?" —"Yes; very bad; his mouth was in a stinking condition."

"And he must, have been in that condition for some time?"—" Yes." Dr Robertson was also called. Emily Martha Radcliffe, wife of the accused, described his habits. He was generally at home of a night, and his custom was to consume a bottle of whisky each evening before he went to bed. This had been going on for five years. She noticed that he had deteriorated mentally. He had become very forgetful. Be had been under the care of three doctors. He would wander about the house during the night. He i had means to the extent of £3OOO.

His Honor, in summing up, said that the jury had to consider whether it was the intention of the accused to take the money, knowing it did not belong to him. It had to be remembered that it was not the case of a man who was hard-up and wanted money. It had been suggested for the defence that for an acquittal they had to satisfy themselves that this man took the money as In a dream." Mr Wilford: "That was only a figure of speech." His Honor: "Well, all I have got to say is that it is for juries to see that they do not encourage defences which consist of stating that acts were done in a dream. There will be a vast increase of dreams if that point of view is encouraged." s After a retirement of five hours the jury announced that they could not agree, and a new trial was ordered.