LOVE, LUNACY AND LAW

NZ Truth, Issue 910, 5 May 1923, Page 6

LOVE, LUNACY AND LAW

DOCTOR STRUCK Off THE ROLL Curious Cfaristchurch Case PARSON'S DAUGHTER SfDUCEO « CFrom "Truth's" Christchurch Reg.)

Considerable curiosity has been aroused in Christchurch over an application that was granted by Judge Adams, in Banco, last week. Lawyer A. T. Donnelly, acting for the New Zealand Medical Board, moved for an order, under the Medical ! Practitioners' Act, to have the name of Charles Theimer struck off the roIL The allegations made against Theimer were of a most serious nature, especially as the unfortunate medico • had no chance to defend himself against them. The application was made on the grounds thai he had been guilty of gross impropriety, and infamous misconduct in a professional sense, in that he SEDUCED A PATIENT under his care, who by reason of illhealth and mental and moral weakness and. reliance on bis professional advice, -was unable to protect herself from him. It was explained by iiawyer Donnelly that Dr. Theimer was an elderly, man, and a Bohemian by nationality, who had practised his profession in various parts of the South Island. He had submitted himself some time ago as a voluntary boarder at the Sannyside Mental Hospital, but after a period in that institution it was decided that his mentality was defective and the authorities had kept him there since. . The first question that would naturally arise in the minds of most people on reading the brief paragraph that dismissed this most unusual case when reported in the local newspapers would doubtless be: If Dr. Theimer was guilty of the offences alleged against him why was ho not put on his trial before he submitted himself as a voluntary boarder at Sunnyside? Was it TO HUSH UP A SCANDAL, or was the matter postponed for two years to take advantage of the doctor's hapless position as a mental patient to strike him off the medical roll without his being able to resist the appli- . cation? Now his reputation and, his' character have been blackened for all -time, and his relatives have to bear the stigma. Now that the doctor is in such a mental state that he is incapable of defending himself against the serious and very degrading charges alleged against him, it is certainly an unusual procedure that an order should be granted by the Court to brand him a contemptible scoundrel and seducer of a defenceless woman without the accused having any opportunity of answering the charges made, against him. As an inmate of the Sunnyside Mental Hospital Dr. Theimer is virtually dead so far as his v status as a citizen is concerned, and, therefore, the action of the Medical Board is virtually identical with laying the charges it did in this case against a dead man to shame his memory. Why, not have applied to have him struck off the roll on the ground of mental incapacity? Legally the procedure may be perfectly right and Dr. Theimer may be the -vile person the allegations against him suggest, but morally there is something un-British in attacking the character and reputation of a defenceless man, stricken with the black blight of madness. It is only fair to say, on the other side, that the Medical Board set up a committee of inquiry consisting of fellow practitioners* of the accused medico, and with the assistance of the mental authorities examined Dr. Theimer and found him guilty. 'It is understood that the doctor did-not deny having had sexual relations with the woman he claimed was his fiancee it the time. That admission by an insane person before a ' "STAR CHAMBER" TRIBUNAL, at which, the accused person was unrepresented by lawyer, relative or friend, and bereft of his mental faculties, does not seem sufficient to hava justified the very drastic proceedings that followed in the Supreme Court when a helpless man was deprived of all he might be supposed to hold dear — his professional standing and his character. "A "Truth" representative has made certain investigations into this Theimer tragedy which discloses a tale of sadness. There apparently is little doubt that at the present time the aged medico is a proper subject to be detained iri a mental hospital. Darkness is settling on his mental vision and seems to preclude any hope of his regaining his freedom before a merciful death overtakes him. The last few years of his life have been fraught with trials and tribulations that would doubtless have affected the mental balance of younger and stronger men. The action, in the circumstances, seems unduly harsh upon a man who formerly was widely respected an<> credited with being a highly qualified practitioner. Dr. Theimer, being the subject of an enemy country- during the period of the Qreat War, was, if deemed to be a dangerous, disloyal or undesirable person, eligible for internment. But obviously there was no suggestion against his loyalty, and indeed he twice offered his services under the Union Jack. Obviously ho could, not be sent overseas, but the authorities availed themselves of his services by placing him in charge of the Denniston Hospital. He had for years previously been a popular medico on the West Coast. • . i , L~~ A deplorable tragedy befel Dr. Theimer on December 4, 1018. He was driving his family, consisting of his wife and two young chlldren.'in a gig at Karamea, and in endeavoring to cross the Oparawa River while in flood to answer the urgent call of a dying miner, the vehicle capsized and his wife and two children were drowned. ' The doctor himself ju&t managed to get ashore by holdirs on to the horse, but he was very exhausted and for somo days HIS LIFE WAS IN DANGER. The shock of this tragedy seemed to prey on his mind to such an extent that, acting on the advice of a close (Personal friend and compatriot he left his practice and took a long rest. For IS months he lived at Opawa, Christchurch. The shock of losing his family had undoubtedly seriously affected the doctor's health, but about the middle of 1920 he decided to again enter into practice at Amberley, whers he noon made friends. Amongst the early friendships he formed was that of a parish clergy-, man. and the doctor became a regular church goer and Joined tho choir. Not

many months after the friendship between the medico and the parson ripened the theologist confided in the physician that he was considerably J worried about his daughter's state of j • health. She was a spinster, 38 years ] of age, and at a. critical period in a woman's life. Dr. Theimer diagnosed her troubles and considered she was ! developing a sexual habit, which if not checked, would undermine her physical and mental strength. His j advice to the spinster, as well as to her father, was that marriage was THE BEST ANTIDOTE for her trouble. j The widowed doctdr, who was at this time a lonely man still bemoaning the tragic loss of his wife, and the unattached parson's daughter met frequently; The lady used to show her ! ■sympathy by going regularly to the doctor's house, straightening up his quarters, and otherwise helping to brighten his surroundings, while the doctor for his part took a growing -interest in this particular patient. Whether or not the relationship at this time was merely that of practitioner and patient or that an over-close affinity had sprung up, does not for the moment affect the story. It is, however, well to remember here that (according to the allegations made later against the doctor) the lady to/whom he was showing marked attention was not mentally strong, and the doctor himself might well be assumed to have' been in a similar condition. Be this as it may, it became village gossip that Cupid had shot his dart and that the doctor and the lady were engaged to. be married. The two used to go about the countryside in one another's company, and everything seems to have been running smoothly as the happy day was supposed-": to be aj)proaching, until an enmity seemed • '.q suddenly spring up between the parson and his daughter's prospective husband. On April 26, 1921, at 2.30 a.m., the doctor was returning from a late visit to a patient, and when passing the parson's house in the early morning he stopped. Whether or not it was love's impulsive bidding or not that drew the medico to the window of his lady-love's bed. chamber is not recorded, but what did happen was that Dr. Theimer did actually go to the window. What transpired as the OUTCOME OP THIS INDISCRETION was disastrous for all concerned, and everything in the garden was henceforth rubbish. The goqd parson , was awakened by what occurred. \The irate father stormed violently, and while in his supreme anger rushed off to the village constable, who, in turn, •visiteci the serenader. The fat was fairly in the fire, and the spluttering made an ugly scandal in the peacefu) rural township. Things got particularly warm, and tattling tongues wagged with a vengeance. This so wqrked on the old, doc's nerves that he promptly hied himself to the sanctuary of Sunnyside, to shelter there as- a voluntary boarder until the scandal might subside, while the parson retired from the church and took his family Into the social seclusion of one of Canterbury's seaside resorts. That was two years ago. The story may appear fantastic, but it is -founded on fact, and the sequel to it was the striking of the name of Charles Theimer off the roll of medical practitioners while a mental wreck. He went to Sunnyside as a voluntary boaster, but is now detained. as a compulsory patient Whether he will ever again regain his mental balance, and freedom is very doubtful. If he does he will be deprived of the right to practise his profession. The lady; of his affections — or attentions — still lives quietly at the seaside, probably bemoaning the loss of her prospective hubby. One of the strangest features of thla remarkable case is that the patient he is alleged to have outraged while her mental and moral weakness prevented her from protecting herself from ae-d-uction, has herself apparently never been considered a fit subject to even roquiro treatment in a mental hospital, j