The Express.
London, England, 1867-08-30 00:00:00

THE PRIVILEGE OF THE POST-OFFICE.

Edward Smith, the messenger, lately charged
with delivering letters, contrary to the privilege of the
Postmaster-General, appeared before Sir Thomas Henry,
at the Bow-street Police-court yesterday to answer the ad-
journed summons.
Mr. Peacock, on behalf of the Post-office authorities,
conducted the prosecution ; and Mr. Templeman appeared
for the defendant, ha ring been retained by Mr. Eyre, the
manager of the company.

Mr. Manual Eyre, the virtual defendant, came forward,
and stated that he was now the sole proprietor of the
buainess carried on under the style or firm of the London and
Metropolitan Circular and Pamphlet Delivery Companies."
He was described in the circulars as manager. Mr.
Brydone, described as secretary, was, until last week, his
partner in the concern, but had now left. The dissolution
of partnership was not actually completed, but was being
negotiated. He read the circular, which offered the public
great advantages in the cheap and punctual delivery of
circulars, at the same time declaring that " no letters
would be taken on any pretence whatever." The same
system he observed had been carried on in Glasgow, where
the company was employed by the Board of Inland
Revenue to deliver their tax papers, which he was rare the
board would not do if they believed the proceeding to be
illegal. He had taken the opinion of the Lord Advocate
upon the question.

Sir Thomas Henry said if the opinion were before him,
with the owe on which it was given, he might be better
able to judge of it. But the mere verbal statement of
that opinion could have no weight with him. He did not
even know that the law was the same in Scotland u in
England.
In answer to questions, and after the usual caution that he
was not bound to criminate himself, Mr. Eyre grated that
the lowest rate charged for delivering circulars was one
farthing each, but the rates varied according to circum-
stances. Farthing and halfpenny stamps were issued.
They were atiud to the envelopes in the same manner
as the postagelabels were affixed to letters. He consi-
dered that while the Queen's head showed the docuicent
to which it was affixed to be a letter, his stamp allowed
it to be a circular. In some caste the stamps were ob-
jected to on this very ground, and then they were for-
warded without any stamp, though the game rates were
charged. In fact, the stamp was • trade mark, chiefly in-
tended to advertise the companies. It bore the inscription
" Circular Delivery Companies," and the amount, one
farthing or a halfpenny. He had never intended any in-
h:ngliment of the law. He had sent a copy of the circular
to the Post-office in the drat instance, believing honestly
that he was not infringing the law.
Mr. Peacock said the only object of these proceedings
vets to protect the revenue • and they were instituted
under the direction of the Attorney and Solicitor GeneraL
For a definition of the word letter he referred Mr. Tem-
plemen to Webeter's Dictionary, in which it was stated to
be • written or printed message from one person to
another. The penalty of W. wu Incurred by the person
delivering these letters, and those who employed him were
liable to • penalty of W. for every letter, and when the
practice was habitual to 1001. for every week during which
it was oontinued. He was bound to may that if it was
continued it would be considered to be the duty of the
Pos.-office to enforce the penalties in every case.
Sir Thomas Henry said he was quite satiated that these
circulars were letters within the meaning of the act, and
came within the privilege of the Postmaster-GeneraL He
had given the matter his most careful consideration, and
he most declare it to be one of the clearest cases be had
ever been called upon to decide. The defendant was liable
to • penalty of sf. for delivering the lettere, and Mr.
Eyre, who employed him, would be liable if proceedings
had been taken against him. Defendant mutt pay the
fine of 51.

_
Mr. Templeman—For delivering • letter!
Sir Thomas Henry—Yea.
Mr. Templeman—Then, pray sir, how do you define a
circular

Sir Thomas Henry said that was not a part of the ques-
tion he was called upon to decide.
Mr. Templeman said the practice of delivering circulars
was carried on by several other companies, such as the
Corps of Commissionaires, and the Post-office had never
interfered i.tth them.

Sir Thomas Henri said he considered they were all
liable to the same penalties if they did the same thing.
There was an appeal, or a case might be stated under
the Criminal Justice Act ; it would, however, be
important for Mr. Eyre to consider that if either of these
courses were taken nothing could be done until November.
It would, then be a most serious thing for him if, the
decision being confirmed, he found himself liable to penal-
ties of 1001. a week for every week during which he carried
on the business in the interim.

laii:iiresaidl;(7aConianot carry on the business in
opposition to the magistrate's decision, but would take care
to forward no enders but what were sent to him open.
Sir Thorns, Henry—Now, take care. This is a most
stringent act, passed on purpose to protect the privilege of
the Paet-offix, and it cannot be evaded in that way. You
have been keeping a sort of little post-ollice, and I have no
belitation in @eying that you have not the right to do it,
and that no one has the right to do it.
This terminated the proceedings.

LAUNCH OP THI CAMBRIA. —Yesterday there
was launched from the shipbuilding-yard of Meads.
Bowdler and Chaffer, at Seacombe, near Liverpool, a
splendid iron ship of 700 tons register, for the West Coast
trade. She is named the Cambria, and is condemned on
the most proved im principles both as regards retrying
ospasity and speed.