PRISONER'S HEALTH.

Auckland Star, Volume LXIV, Issue 113, 16 May 1933, Page 8

PRISONER'S HEALTH.

JUDGE QUESTIONS DOCTOR. SENTENCE OF DETENTION. "If he is imprisoned, it will mean almost a death warrant to him," said Mr. J. J. Sullivan in pleading for Eric Marsden Culpan, aged 29, who appeared for sentence before Mr. Justice Smith in the Supreme Court this morning on 14 charges of theft and three of forgery. "Up till now, he has had an unblemished record," said Mr. Sullivan. "He is in bad health, and requires a very special diet. His employers have written a letter, which has been handed on to the probation officer, indicating ■ that they will get him employment. It is an extraordinary and magnanimous letter. I ask that probation, even the strictest probation, be extended to him as a first offender."

Counsel called Dr. Donald D. McKenzie, who said he had' known prisoner about 18 months. He had been an invalid more or lese all his life. When witness first knew him, Culpan was gravely ill for about five months. Mr. Sullivan: What effect would prison have on him?

Witness: Ho should be on a very strict diet. Ho should not have prison fare, in the interests of his health. His Honor: If the prison doctor saw him he would bo able to appreciate his illness. If ho was out in the open spaces —a prison camp—that might do him a lot of good. Witness: I think it would. His Honor: I have got a remarkable position before me. I have a letter from the probation officer in which he says prisoner stole £80 from hie firm, and was made to pay it back in weekly payments. Mr. Sullivan: At that time—in December, 1931—he had a breakdown. He collapsed on his job and had to be carried home.

His Honor: It may have been the system of fraud he was carrying on. You will admit that he lied most brazenly in the witness-box, Mr. Sullivan t

Mr. Sullivan: I have avoided all reference to the case for that very reason. But I do believe that if you grant him probation you will make a man of him. "Public interests are paramount in this caee," said his Honor. "You appropriated £80, and while you were paying that back you carried out systematic frauds." Culpan was sentenced to two years' reformative detention.