BRIAN OR O'BRIEN.

Auckland Star, Volume XLV, Issue 125, 27 May 1914, Page 8

BRIAN OR O'BRIEN.

THE IMPORTANCE OF A NAME.. CONTUSIOX IX A POST OFFICE. LEAD- TO PROSECUTION.

Tlie are.Uer part of yesterday wan devoted at tlii> Siiprpjnc Court, his; Honor Mr. .fr,,.tice Stringer presiding, j 10 till- bfariii- of ihe i-liarjK* oi fake ' pretences and theft ngainst Leo liriaii Tucker, who was aliped fl ito have obtained, on nr about :lnl April, a moneyorder telegram from a telegraph nicssen--"•r at Dcvnnport: rl) to have stolon ji postal packet at Uevonport: ami (:il to liavr attempted to obtain C.i 10/ Intake preteuees from tin- wiinc post ..Ilice. .Mr. .1. i:. Lundon appeared for tlie accused, who pleaded not guilty. j 'flip frown Prosecutor fTIon. .T. A. jTole. K.C.i exphim-d tint a Mi,-s Ellen O'Brien, who happened io hp staying with friends at Devnnpnrt. wa- pxppc'tin? a money order tclef-ium from her broiher in Dimedin early in April. Prisoner, it w.i* alleged, had pone into the Devonpor! post, o/iicc about 7 o'clock mi :!nl April, had asked first for a registered letter, and then for a money order telepram for Miss Ellen (I'Bri.'ii. It »j- slated that Tucker had taken and had »iveil ft receipt for a money order telepr.nn for Miss OMSrien. Only tiic telegraph mes-enger and the cadet were in tlip oliice at the time, hut the postmaster ran* in. and a- Tft.kc:- -hmvcd -igns of becoming troublesome, the postmaster threatened to c.ill the police. Tinker under the influence of liquor. Voiir days later Mi ; . O'Brien came in ror her teiefrrani and then Tinker'- receipt wa- produml. Tlie money order bad not him-.-been traced. Klli'ii O'Brien p.j\c evidence th.it -he had driven no authority to anyone t" receive the money foi her. She had not seen the money order telegram, but h.id been able to sati.-fy the postal authorities that the telegram had heeii sc-.n to her, and had simp lie-n paid tii" amount 11 represented. I.ETTKR KOi; MISS OBKIKN. Terry Donald ("Jporgp Foster, a teiegraph mc-seniier. pave evideriee a- to accused calling at the Devonport oliice and obtaining a money order telegram for Mis< O'ltricn. Mr. Lundon: Do yon give letters offhand to person." who ask for them without bavin™ an order for tiicm? Witness: Yes. Mr. Lundon: Did not the accused, i -tranacr. come into the office and say that he wanted a letter for himself, from England, for "Brian" Tucker? "Witness: lie said he wanted a letter for Mifsa O'Brien. Mr. Lundon: Wasn't there such a letter in the office, and isn't this it f hold in mv land': Witness: I don't know. -Joseph Hay. postmaster at Pernnport. explained that on the evening of -ird April he had pone into the office shortly after 7 o'clock, and ha.l found the accused. Tucker, talking to th" cadet and the mes-enge- The ii.cll.-ed had asked for a registered letter which he had expected. Witness looked through his safe and found that there was no registcrcl lever. hilt ns accused war- sn persistent, he told the lads to look through the pigeon-holes. They replied that they -hail done so, and that there was not letter there. To liis Honor: No letter should have bPl'll delivered without authority. Witness did not know that :> money order telegram had been delivered.

In his addnvs to the jury fno evidence for the defence was oalledi Mr. I.undon said that accused had come specially in to Devonport from the country to pet a letter which he expeelcd. and it was admitted that the letter was actually in the office. A note, to tlie postmaster, asking that the letter be forwarded, had actually been found in Tucker's po--=c>sc-ioii when ho was arrested, hut he had come in personally to nuke inquiries. The evidence. Mr. Lnndon -iilimitted. was clear that Tucker had in.-i.-tently demanded a letter, which he lielievcd was in the office. The postmaster had nothing at all to say about a request for a money order telepram. and surely it would have been natural for a man who wishes to have a money order cashed, to apply to the man in enarse. Mr. London also commented pointedly on the absence of any suggestion that Tucker knew of the money order telejrram. or even knew of the existence of MU.O'rSrien.

llis Honor, having summed up the evidence, the. jury, -without retiring, returned a verdict'of "not guilty" ou all counts.