THEFT CHARGE

Evening Post, Volume CXXIV, Issue 57, 4 September 1937, Page 15

THEFT CHARGE

FINDING OF POSTAL NOTE

(By Telegraph—Press Association.) AUCKLAND, September 3.

Unusual circumstances surrounding the finding of a postal note originally contained iri a letter which Was mailed in a postal bOX that Was forced -open [in the Mount Rosklll district in June, 1938, and Which was Used by. the finder about two weeks'later to try his luck in a Tasmanian lottery, were,revealed in* the Magistrate's Court When a summons charge Of theft of a note valued at Ss 4d was preferred against Alan itfearon, aged 45, for'whom Mr. Balnibridge, appeared. 'The defendant pleaded hot guilty. ■ - 1 Deteetive>Sergeimt Walsh said the postal note was bought about June 6, 1930, by ft man wha ittailed it for the purpose of obtaining a lottery ticket. It was made payable, to Tattersall's, and was made unnegptiable. Overnight the pillar box' wherd ihd letter was mailed was broken open and numbers of letters Were: later found scattered about the streets of the borough. Inquiries were inade'alaout the ietter and information'from Hebart shewed that' it' did not reach the addressee. However, the postal h6te arrived at Tattersall's with an order fot a ticket signed by T. Nightingale and giving the address of J. Fearon. When interviewed, the defendant admitted picking up the postal note and asking a number of .friends;if they had lost it, He waited ,to see if its loss were advertised, and then gave' it to Nightingale to send for a ticket. ..

"We do not suggest .the defendant had anything to do with breaking open the letter box," Mr. Walsh Continued. "We believe he found it, but that he converted it to his own use before making reasonable inquiries as to its owner."

Mr. Bainbridge submitted that the defendant did everything an ordinary person could be expected to do in the Circumstances in endeavouring to find the owner, remembering always the amount involved. He made inquiries of his friends and allowed a fortnight to elapse before using it. His whole attitude indicated lack of criminal intent. ■■

Mr. C. R. Orr Walker. S.M., said the case turned on the simple question as to whether there were any reasonable grounds to believe the owner might be discovered. A postal note was different from a coin or small bank-notes, and the one in question had writing on it. Defendant knew he could use it for no other purpose than that for which it was originally intended, and acted on it. Had he won the prize the position would have been a peculiar one. His action in some ways was cheeky, but the case was one which did not call for a conviction or a penalty. The defendant was ordered' to refund the value of the note and] pay witness's expenses, £1 9s IQd. j