AN INTBIGUE ALLEGED

Hokitika Guardian, 21 January 1922, Page 1

AN INTBIGUE ALLEGED

HUSBAND AND "WIFE’S LETTER. PECULIAR CASE HEARD AT POLICE COURT. WELLINGTON. January 17. “Everyone knows that it a matter of this sort is looked upon lightly no letter is really safe; and I. am sure the general public look upon a case like this in the same manner.” Thus Chief-De-tective Kemp addressed the Bench in the court yesterday when a man named Lacey Enston Bruce Wallace was charged that- at Wellington on December sth., 1921, he did. by a certain misstatement, fo wit, by causing one Gladys Evan to call at the Courtenay place prist office, Wellington, and ask for a letter addressed to Mrs O. Wallace, care Courtenay place post office, such packet being the property of the Postmaster-General and by so doing did induce a postal official, Albert George Elder, to deliver a postal packet sent b v post not addressed to the licensed.”

Mr A. B. Siov wright appeared for the defendant, and Mr H. O’Leary for the witness, Cossgrovo. THE CASE OUTLINED.

In outlining the facts. Mr Kemp said that under section 100 of the Post and Telegraph Act, 1908, riio accused was liable to a penalty of £SO, and under section 101 of the Justices of the Peace Act the magistrate was giv-

en summary jurisdiction. The accused had been living apart from his wife since October 14th. On December 2nd. last a man named Pc

rick Cossgrove, a hotelkeeper at Havelock, Marlborough, had sent a letter to Mrs O. Wallace, care of the Courtenay place post office. By some means accused had got word of the letter and called at the post office to get it. He was toM that he could not have the letter without authority. He said his wife was ill in bed and that the letter affected him, and consequently desired possession; but in spite of this it was not given him. “AN INNOCENT VTCTIM.”

On December sth. he procured an innocent victim to go as his wife and procure the letter. The letter was handed over to the accused unopened. The accused had adriiitted obtaining the letter. Mr Kemp pointed Out that for the purposes of the case the contents of the letter were irrelevant, as Tie case was not beiVig Ventilated in a diporce court. He wished to draw the court’s attention to section 13 of the P. and T. Act, 1919, which made it an offence to divulge the contents of a letter. THE WRITER AT HAVELOCK.

Patrick Cossgrove, a hotel-keeper, residing at Havelock, said that on December 2nd,' he posted a letter to Mrs O- Wallace, addressing it care of Courtenay place Post Office, "Wellington.

To Mr Sievwright: This was not the first letter he had written to Mrs Wallace.

Mr Sievwright: How many letters have you written in which you enclosed money?—The witness declined to answer, appealing to the beach. Mr O’Leary: My client is a married man with children, and his wife has been receiving money from the witness, Cossgrove. My line of crossexamination is only to find out how many times he has forwarded her money. I submit that Your Worship cannot go into the matter too thoroughly in order to probe the matter to the fullest extent.

The case then proceeded. AT THE POSt OFFICE. Albert George Elder, a clerk stationed at • the Courtenay .place Post Office, said he remembered the Saturday in question. He received a ring on the telephone asking if there was a letter addressed to “Wallace.” He advised the accused Hat as the letter

was addressed to liis wife he could not have the letter unless he obtained a written order from liis wife. He protested that the letter was really in tended for him and that it mean urgent business to the accused, but frag not successful in obtaining the letter. On December sth., however, a young lady c»me in to claim the letter, and asserting that she Was the addressee, was successful in procuring the letter.

Detective Holnies said he interviewed the accused, Who said he knefr nothing about the matter. He later made a statement to the effect that his only motive in gaining possession of the letter was to have evidence against his wife in divorce proceedings. LETTER CHANGES HANDS.

Glady Snow, a married woman residing In Cuba street, said she remembered the day in question, when she saw the accused, who asked her to procure the letter. He explained that he had a wife and there was a letter waiting at the Post Office, Courtenay place, which he desired the witness to procure for him. She -acted for the accused quite innocently. AN TNTRTGUE ALLEGED. Mr Sievwright said that his client would give evidence that for several months there had been an intrigue going on between his wife and a man at Havelock. He contended that it was a mans duty to safeguard the interests of his wife and break down tho intrigue. They were not criminal motives, as the accused had only been acting to find out actually what was c'oincr on between his wife and another man. His client was quite prepared to make good The expense which had been suffered by the State. The Magistrate: The question, Mr Sievwright is really the matter of taking delivery rif a postal packet. Mr Sievwright contended that the man was entitled to be treated under section 18 of the Offenders’ Probation Act.

Mr Bundle said he hardly thought it was necessary to hear the accused. However, if the accused had taken steps to procure the letter himself he might have considered counsel’s application under the Probation Act. He had chosen to use an agent to get the letter, however, which made the offence more serious. He would fine the accused £4, and order him to pay costs amounting to £6 7s 2d.