CLAIM FOR TWOPENCE.

New Zealand Herald, Volume XLI, Issue 12608, 24 June 1904, Page 7

CLAIM FOR TWOPENCE.

■ THE POSTMASTER-GENERAL ; THE ! | PLAINTIFF. i ■ Tub case of ' the'Postmaster-General v. Harold Moses, for 2d and costs, upon an unstamped letter, was again called on before Mr. C. C. Kettle, S.M., at the Magistrate's Court yesterday morning. Mr. S. Mays, lor the Crown Solicitor, mentioned that when the case was called on the week before it wa«-adjourned so that Moses might be informed of his application ! for -' special ' costs.' The defendant had ac- | cordingly been notified, arid he again applied accordingly for special costs. The only point at issue, in order to get special costs, wak whether the case had been litigated. He contended > that litigation had taken place, as Moses had forced the Department into Court.. It could not be ques- , tioned that the case was one of public interest. Mr. J. R. Lundon, who was present, here ! mentioned that he -was appearing for Moses. He contended that before the magistrate could determine the point at issue, ho must first of all hear the facts. The real position was that the defendant gave the letter to his message girl for delivery at the Star office. Instead .of doing so the girl posted it accidentally, and Moses, because of that, did not see why he should have to How do you account 'for the defendant paying the amount claimed and costs into Court asked Mr. Kettle. > . -_. "He merely paid the amounts into Court, Your Worship, to avoid publicity, replied Mr. Lundon. "It has never been decided as to whether the Department could claim upon an unstamped letter." Mr. Mays said that that was the first he had heard of the letter being posted without a stamp accidentally. The defendant never told the Department that. What he had really done was to defy the Department and to tell them " to go on ahd prosecute. The case was then adjourned for a Week , for the taking Of evidence. :. . I