THE POSTCARD CASE.

Star (Christchurch), Issue 16496, 5 August 1921, Page 6

THE POSTCARD CASE.

VERDICT OF NOT GUILTY. The case in which Julia Marie Fitzgerald, formerly postmistress at .Blackball, on the West Coast, was charged with having, on February 23 last, contrary to her duty, opened a postcard addressed to J. H. Gilmer, a resident of the Blackball district, was concluded before his Honor Mr Justice Herdnian and a jury of twelve, yesterday in the Supreme Court. The charge was heard by Mr C. R. O. Walker, S.M.. at Greymouth. on May 4 and 5, and the accused, who reserved her defence, was committed for trial to the Supreme Court in Christchurch. She was represented by Mr O. T. J. Alpers, with him Air J. W. Hannan. Mr M. J. Gresson represented the Crown in the absence of the Crown Prosecutor, Mr A. T. Donnelly. Mr Gresson said that it was not his duty to obtain a conviction, but to place the facts clearly before the jury and leave the decision with them. The accused, in her statutory declaration, admitted the crime. The Crown could leave its case on that document alone. It could not be said that a statement which had the force of an oath had no force whatever. It was true that when she sligned the declaration she was ill and distressed, but her counsel, to secure her acquittal, must prove that she did not know what -was in the document. The circumstances pointed to the fact that she had ample time to reflect before she signed. If the jury was satisfied that the boys’ story was true, and that the accused’s story was not true, they liad only one course. His Honor said that offences under the Post and Telegraph Act were of a very grave character. If there was one public utility more than another that should be sacrosanct, and should retain the confidence of the public, it was the Post and Telegraph Department. The public was accustomed to believe that, except in rare instances, the officers of that Department understood that documents of the most confidential character passed through their hands. In the interests of society and of justice, it was necessary that all letters posted should reach their destination, and that no3>ody should investigate their contents. A charge of that description was of very great gravity The present charge was an unpleasant one, because it was levelled against a young woman, who, apparently, in the past had had an excellent career in the Public Service. In-spite of that, the Court particularly the jury, had .a duty to perform. The ultimate responsibility rested with the jury. They must recognise the oldestablished principle that if, in their opinion, the Crown had not proved the accused guilty beyond all reasonable doubt, she was entitled to be acquitted. His Honor disked if it was conceivable that the boys would wickedly invent the story they told, and said that when the accused signed the declaration, Mr

Redmond was fair to her. It was for a Judge to decide whether a confession in a statutory declaration was permissible or not. If he had to decide whether the document signed in front of Mr Redmond should be excluded, he certainly would rule that it should bo submitted to the jury. THE JURY’S FINDING. The jury retired at 4.5 p.m. and returned at 5.8 p.m. with a verdict of not guilty. The accused was discharged and was helped out of the dock and the Courthouse by a warder. Soon before the jury retired, the Registrar received a telegram from Wellington stating that the SolicitorGeneral had ordered a stay of proceedings in a second case against the accused, in which she was charged with opening a letter posted by Stanley Marshall Macguiness. She was tried on that charge in Grevmouth on July 15, and the case was sent to the Supreme Court in Christchurch. The same witnesses gave evidence in it ns gave evidence in the case concluded yesterday.