LOST POSTAL-NOTE

Hawke's Bay Herald-Tribune, Issue 196, 4 September 1937, Page 3

LOST POSTAL-NOTE

-Presa Association.)

Finder Used it to Buy a Lottery Ticket THEFT CHARGE FOLLOWS

(By Telegraph-

AUCKLAND, Last Night. Unusual cixcumstances surrounding the finding of a postal note originally contained in a letter which was mailed at a postal box that was forced open in Mount Roskill district in June, iy3G, and which was used by the finder about two weeks later to try his luck in a Tasmanian lottery, were revealed in the Police Court. when a charge of .theft of the note valued at 5s 4d was preferred against Alan Fearon, aged 45 (Mr. Bainbridge). Defendant pleaded not guilty. Detective-Sergeant Walsh said the postal note was bought about June 6, 1936, by a man who mailed it fo the purpose of obtaining a lottery ticket. It was made payable to Tattersalls and was made unnegotiable. Over-night the pillar box where ,the letter was mailed was broken- open and numbers of letters were later found scattered about the streets of the borough. Inquiries were made about the letter and information from Hobart showod it di«J not reach the addressee. However, a postal note arrived at Tattersalls with an order for a .ticket signed by T. Nightingalf/ and givrng the address of J. Fearon. When interviewed, 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 was advertised and then gave it to Nightingale to send for a ticket. "We do not suggest defendant had anything to do with breaking open the letter box," Detective-Sergeant Walsh continued. "We believe he found it but that he converted it to his own tfso before making reasonable inquiries as .to its owner." Mr. Bainbridge submitted that defendant did everything an ordinary person could be expected to do in the' eircumstances in cndeavouring to find the owner, Temembering always ,the amount involved. He made inquiries of his friends and allowed a fortnight to elapse before using it. His wholc attitude indicated lack of criminal . intent. Mr. Orr Walker, (1S.M., said the caso turned on the simple question as to whethcr there were any reasonable grounds to believe the owner might be diseovered. The postal note was different from coin or small bank-notes and Ihe one in question had writing on it. Defendant knew he could use it for no otjier purpose than that for whkih it was originally intended and.acted on it. „Had he won a prize the position would have been a peculiar one. His act'ion in some ways was cheeky, but the case was one which did not call for a heavy penalty. Defendant was ordered to Tefund th9 value of the note and pay witnesa' cxpcnscs, £1 9s lOd.