THE WAITEMATA ELECTION.

Auckland Star, Volume XXV, Issue 31, 5 February 1894, Page 3

THE WAITEMATA ELECTION.

'PALMER V. MONK.

.j" AJ xEGED CORRUPT PRACTICES.

I* ictfON AT THE SUPREME «___ •'-'*' COU-vi. fiaa of an unusual nature occupied Ai_«f Jaitice Sir Jamda Prendergast and 11 TiM-ica Conolly ab the Supreme Court Sj-VL namely, the hearing of a petition Jar the Election Petitions Act, . The Mdbner was Mr Jackson Palmer, late ffflß,for Waitemata, and the respondent U Richard Monk, the successful candidate J!* that seat ab the recent election. UrF. Baume appeared for bhe petitioner, fed Mr 0. E. Button in conjunction with urTheo. Cooper for tho respondent. Mr B.urtid proceeded to read tho petition, ff bich was as follows :—

I i Yoar Petitioner Jackson Palmerisaperson Lho had a right to vote at the above election, ff who was a candidate at the above election. 9 Aud your petitioner states that, the election wm Mm on the 28th day of November. 1893. Zhm Biohard Monk, of Paeroa. near Helensri c in the said Provincial District, Farmor, *ndroor petitioner were the only candidates, and the Returning Officer has returned the said Sard Monk us being duly elected, and declared him duly elected. ___!_■. , 1 And your petitionor s.vs that Richard Monk, by his son Ernest Wicland Monk, on behalf of him, the said Richard Monk, at HenHnraon in-the said Provincial District and Colony, on the said 28th d«y of November. 1893, oromi-ed to give Eliza Clements (wife of John Clements, of Henderaon. aforesaid), an elector. ondapersonhaTingaright to vote at the sad election, money in order to imluco her to vote at such election in favour of tho said Richard I . That the said Eliza Clement. having voted 'at tho said election, tho said Uiohard Monk, by tbe said Ernest Wicland Monk, on behalf of him tho said Hichnrd Monk, on the saint, day and at tbe same place corruptly Rare to the said Eliza Clements money on account of her having voted at such election. 5. That tho said Richard Monk by the said Sniost Wicland Monk, on behalf of him the said Richard Monk, on tho same day and at tho same place, corruptly save to Maria Drum inond, of Henderson aforesaid, an e'oetor, and a ™rson having tho right to voto at the said election, money on account of her having voted at such election. 6. That tha said Richard Monk, by his son. ihe aaid Ernest Wicland Monk, on behalf of Jiiin, the said Richard Monk, on the same day. st the same place, gavo to John Ryan, of Heauerson aforesaid, labourer, an doctor and a person entitled to voto ut such election, money in order to induce liini nndsevoralothor electors being persons ontitlod to vote at such election to voto at such election for the said Blobard Monk. ■ 7. That the said Richard Monk, by the said 'John Kyan on behalf of him, tho said Richard Monk, o*» the same day and at tho sumo place, with money so provided as afort.said, and in order to be elected caused drink to be provided forseveral electors (inclusive inter alias of the Bald John Ryan and of ono James Donnelly, of Henderson aforesaid, gumdiggor, an elector and a person entitled to vote at tho aaid election). 8. That the said Richard Monk, by his son. thoaald Ernest Wicland Monk, on behalf of him ■the said Richard Monk, on the same day at the tame plaoo, and in order to be electod. caused drink to ba provided for the following electors, being persona entitled to vote at such election, viz.. Fredoriok Chadwick, Hyrnin Lyons, John Clements, Eliza Clemen.__., Saniu-i Johnston, Maria Drummond, John Ryan, and others. 9. That the suid Richard Monk, by John Richard Martin, of Heleneville aforesaid, .butcher, an elector entitle! to vote at the said election, on tho same day at the same place. and in order to be elected, caused drink to be jprovided for the following said electors, viz., Roderick Chadwick, Ilyram Lyons, John Clements, Eliza Clements Samuel Johnston, Maria Uruminond, John Ryan and other. 10. That the said Richard Monk, at Taupaki, in tho said Drovineial district, about th© month ft July, 1893, agreed and promised to give Philip Gibbs, of V&tipak). gnmdiggcr, un elector nnd a person entitled to vote at such eleolioh. money in order to induce tha said Philip' Gibbs and othars to voto for him, the said Richard Mouk. at the t-aid election, and to jnduco the said Philip Gibbs to endeavour to jiootire the return of him, tha said Richard Monk, at the said electiou. and to induce the said Philip Gibbs to b come his. the said Ward Monk's, agent in the aaid election and generally to assist tho candidature of the said ffichartt Monir. _, . • , . 11. Toat the said Richard Monk, by his sou, the Said Ernest Wicland Monk, on behalf ot him, the said Richard Monk, at various times subseqri-nt to the said agreement or promise between the said Richard Monk and the said Philip Gibbs, cOMuptlv paid money to the Said Philip Gibbs, in pursuance of and for the purpose of the agreement, and promise aa aforesaid, the last of such payments having been made in tbe second week of Decern bar instant.

11 That the said Richard Monk, by tha aaid Philip Gibbs,on behalf of him, the said Richard Monk, promised Aodr.w MoLauchlan, Charles Frederick Cliase, Henry Hayson, Albert Hayson, Charles Shuttlovrortb, James Smith, Richard Carrin, Christopher Hodgson. John Manning, William Taylor, James Ford, Daniel jMilden, Samuel Card wick, -Augustus Peter Blake, Robert Wilson, and other*, in order to Indues thojea to rote for the said Richard _V_ot_k— Itbat if they would aro to the poll on tho polling day, and vote for the said Richard Monk, the expense of conveying thorn there would be paid, and they would be provided with drink. 13. That the said Richard Monk, by the said (Philip Gibbs, on behalf of him, tho said Richard Monk, and by one Charles Newman, of Helenavllle, aforesaid, Auctioneer, on behalf of the said Richard Monk, at Taupaki aforesaid, upon the said day of the poll, In order that the paid Richard Monk should be elected, provided drinkfor all the electors mentioned in paragraph i! 2 hereof.

14. That ths said Richard Monk, by the said Philip Gibbs, on behalf of him, the said Richard Monk, corruptly gave to each of tho said electors mentioned in paragraph 12 hereof, on account of each of them having voted for the said Richard Monk, a paper which was signed J»y the said Philip Gibbs, and had the word 'correct" written thereon, which paper ) entitled such eleotoro, on presentation to the hotolkeeper, to drink, and which papers were IPreientea and drink waa obtained thereby by ftich said electors. .15. That the said Richard Monk, by Daniel atewart, of Helensville aforesaid, Storekeeper, engaged, promised to pay, and subsequently gaid, John James Nixon, of Taupaki aforesaid, Settler, to, for. and on acoonnt of tho conveyance of tha electors mentioned in paragraph 12 '■"Wrof, aud other electors, to and from the poll. 16. That the said Richard Monk, by the said Jteniel Stewart, at Helensville aforesaid, on the day of the poll aforesaid, caused meat, drink, (entertainment, and provisions to be supplied by; Jamea Westnore Smith, of Helensville. HotelSeener, to electors, in order that the said Jvichard Monk might be elected, and subsequently paid the said James We?tnore Smith lor such meat, drink, entertainment, and jWwlons provided as aforesaid. 17. That in his various addresses the said •uicnard Monk, in order to Induce the electors 01 tho said electoral distriot to vote for him. promised them if thoy elected him, to distribute among them every year a portion of the money i tin? rec<dve as payment aa a niombor. Wherefore your Detitioner prays that it may be determined that the said Kichard Monk was not duly elected or returned, and that the election was void. ' ■•■: JACKSON PALMER.

After having read a few paragraphs, the Bench intimated that ib was unnecessary to wad the whole of the petition. Mr Baume then proceeded to review the evidence thab would be called. He mentioned thab, as the counsel for bhe defence had declined to admit even formal matters, so he was compelled to produce the writ from WeltingJon, and also to call the Returning Officer 10 prove thab the election was hold, and other facts, that mighb easily/have been admitted, and thus saved both time W expense. Mr Baume then referred to the various clauses, and with rceard to No. ■*« ne said it was practically a charge of a btreaoh of the Corrupt Practices Act againsb ';'" Monk in so far that he promised if j-"-1 *-! to distribute a portion of his "■Jiiorariutn in the district and amongst the Wous institutions. Mr Button submitted that thab portion ~ the petition must fail ab once as. his mend was opening different to tho aileganf«_ and 6nti,' e1 -' different to the intention °{ the clause ibaelf. Thore was a distinct allegation bhab Mr Monk had promised to outribiitQ his honorarium amongst the People. Now his friend waa changing ground and saying bhe donations were to 06 to institutions. ,&ir James Prendersast: As I suppose •miM m? aboufc 6*ooo electors in Waite"•aia, the refunding of a parb of the Bonorariun. would nob go very far. curl1" 1 L-b- on &aid for a member to five a iU' v L .1? l-onoiarium to say a library in ™c district, would nob be a breatsh oi the Practices Acb." Ant Baume said evidence would be called SLlu_ W that in addition to promising to tiT ■ 1 wonoy amongst the instituB 'T 8* "f had also let it be understood that J" 6 or ™* money would go to private EhPS 80me who wera sick* and ™eh • ,nßtlt^o*» i« tha electorate aa libraries,

<* Mr Button : In other words thab Mr Monk would distribute part of hia honorarium in charities.

Mr Baume : One witness will say that at a meeting a man rose and said, " You'll remember the Matakana library," whereupon Mr Mouk replied, "Yea, I will." No doubt other institutions were also in the minds of tbe electors. Mr Monk had repeated that promise at various places, and thus caused aome to vobe for him who otherwise mighb not have done so. He did not know whether the Bench thoughb that ought nob be gone into. The Chief Justice said: We don't.see any need to stop you. You say that paragraph fairly represonta what you expect to prove. Of course there may have been explanatory statements. Mr Baume said it would be shown thab Mr Monk promised bhab if elected he would hand back to tho ''district each year £90 of tbe honorarium. Sir James Prendergast: We are not expressing the opinion thab this kind of general statement is a breach of the Corrupt Practices Acb. Mr Button here admitted certain formal matters in order to save timo. THE EVIDENCE. Mr Matthew Angove, Returning Officer for Waitemata, was tho first witness called. Ho produced tho nomination paper of Richard Monk. Mr Baume Raid his intention waa to provo handwriting toa circular forwarded to bhe lady electors. Mr Button said they would admit that the circular was written by young Monk as his father's amanuensis, and that ib waa Bigned by the respondent. , Mr Angove deposed there was only one Daniel Stewart, storekeeper, of Helensville, on the roll. A number of claims to vote wero signed "E. W. Monk." He could nob swear that was the signature of Mr Ernest Wicland Monk. Mr Button here said that Mr Monk senior would admit those were the signatures of his son. Mr Baume then handed to the witness a circular done by cyclostyle and asked whether the signature to that was similar to the writirm of Ernest Wicland Monk.

After sotr.o discussion on the subject, Mr Button said he would shorten proceedings by admitting that circular was written by young Monk, but bhey said ib was not done with the respondent's knowledge or by his instructions. To shorten proceedings fchoy would admit all formal proceedings up to the commencement ot the hearing of the case. E. PERKINS' STATEMENT. The next witness waa Eulah Perkinsi who deposed that he was a timber dealer and lived ab Glorit, in tho Waitemata electoral district. Witness was on the roll as an elector of thab district, and waa present aba meeting when Mr Monk addressed the electors ab Giorit on the 25th of November, 1893. Mr Monk at that meeting spoke about his son, E. W. Monk. Some questions were asked as to the wisdom of issuing a Haneard pamphlet which had been circulated, containing extracts reflecting ou Mr Palmer's conduct in tho House. • The paper in question was signed by Mr E. VV. Monk. Witness identified bhe document (produced) as a facsimile of the one which was read ab tho meeting in question. Mr Monk said bhab this list of questions had nob been issued or circulated by liis request ; he did not know anything aboub them till after they /had been issued. Had they htjen referred to him, he said, no doubt wisor counsels would havo prevailed, and they would probably nob have been circulated, or else would have been modified. He said bhat thoy had been formulated by his son, and bhab his son was a mere inexperienced lad. Mr Monk said that he was willing to tako tho responsibility of their having been iß3ued. He said he ielb PEOUD OF HIS SON, and chab anyone who could formulate questions like that must have something in hia head. (Laughter.) Mr Monk apoke about a Committee. Ho said thab the papers ware issued by his Committee for the use of the other Commibtees when Mr Palmer addressed them. Mr Palmer, ho wenb on to cay, had got hold of one paper, and he had printed and circulated them amongst the electors. Mr Monk referred to the Commibtee which hia son waa working with as the Committee which had issued tho papers. By Mr Button : Mr Monk said he would hold the circular was true, and he waa prepared to take the responsibility for his 1 son's action in issuing the list of questions. Somo of the extracts were from Hansard and others from the Press. J. C. LAING'S EVIDENCE. i James Cox Laing, farmer at Glorit, Waitemata, deposed thab he voted ab the recent election. He attended Mr Monk'a .meeting the Saturday before the election. Mr Monk during his address referred to a list of questions iasued by hia son. He aaid hia son bad formulated those questions, and bhab he was a member of the Committee, and thoae questions were ior the use of tbe Committees and not for the general public. Tho Committee were to send these questions to the different places where the C-ndidatea were to address the meetinga. Mr Monk further stated thab tho queationa were formulated with-! oub his knowledge, and if he had j the superviaiug of them he would nob have printed aome of thoae questions. He thoughb some of the questionß injudicious, but, as they were iasued, he would take the responsibility. Mr Monk also said he waa proud thab his son had so much in him. Mr Monk also said bhab his sou was working in bis interest. Mr Monk also said hia son waa on bhe Committee. By bhe Chief Justice : Witness did nob know the son of Mr Monk. He believed thab Mr Monk said hia son was under ago, Mr Baume aaid as a matter of fact young Monk waa not of age until the day of election. Cross-examinod by Mr Cooper, witness said all this took place towards the closo of Mr Monk'a address. Witners wa3 quite sure Mr Monk U9ed the word " Committee."

A WITNESS FROM KOMOKORIKI.

John Marmonb, settler ab Komokoriki, Waitemata districb, corroborated the statement of bhe lasb two. Mr Monk said if he had propounded bhe questions himself, bhey woulci havo bean much more tersely put. Mr Monk, in relerring bo his eon, held himself responsible for the whole of his aon'a work for him during, tbo election.

ANOTHER SETTLERS' STATEMENT

William Heathcote Jackman, settler, of Pahi, Kaipara, in tho Waitemata electorate, was bhe next witness. He remembered Mr Monk addressing an electoral meeting ab Whukupirau, near Pahi, on tho 10th of Novmyib.il*. At" thab meeting Mr Monk mado reference to a l_3t of-questions. Ho eaid that a, groat deal of capital had been made out of tho circulation of those qaeatioiis by his party. Ho then read the questions "oub to the auiUeuco to allow them, as be said, to judge for fhomselvea whether there was any harm iD them. Ho said tho 'questions ware written by his son aud compiled from Hansard. " His son, ho stated, was on his Committ.ee and wo<king'very hard for his return. H© also eaid that lie had warned his yon to be very careful, and thob his son was a mere lad. Mr Monk also said thob he was proud of his son, the writer of these questions, and thab if he (bhe eon) had made any mistake, he (Mr Monk) was willing to accept/ the responsibility and take the questions as his own. Mi* Cooper asked the witness whethor he was a Supporter of Mr Palmer or Mr Monk. Mr Baume objected bo tho quesbion as improper. By Mr Cooper : Mr Arthur Colbeck pro.sid<Sa over the meeting in Question. There

waa not a greab uproar ab bhe meebing— only a little hissing and groaning. There was nob such a state of turmoil thab ib was impossible to say what any speaker said. Pahi is a centre, ia ib nob ? asked Mr Cooper. Witnesa: No, ib is the cud of the district.

Further cross-examined by Mr Cooper : The* diatricb wanted to get a grant of money from the Government, and they told Mr Monk that they would not form a Committee in in his interest thore because they feared thab if they did so the Government would nob give them the required grant. (Laughter.) This waa the reason they gave Mr Monk, and he agreed wibh bhem. (Laughter.) WITNESSES FROM WHANGAPIRAU* Henry Gordon Gray, the next, witness, stated that he lived ab Whakapirau, across the river from Pahi. He attended tbe samo electoral meebing as Mr Jackman on November 10th. Mr Monk referred to a list of questions prepared by hia son. Ab the close of his address he read some questions which had been prepared by his son, who, he stated, was working for him on his Commibbee, and he said he was proud of his son, bub thab if any mistakes were made he, the speaker, would take the responsibility. The atylographed copy of the questions was distributed amongst some of the audience, and Mr Monk himself produced a sbylographed copy. William McCormack, a young man, who stated thab ho resided ab Pahi, deposed thab he was not an elector, but that he was present at the meeting referred to by the previous witness. Mr Motik said that tho questions referred to were written by his son, who was working on hia Committee William John Sydney Day deposed that he was chief of the printing department ab the " New Zealand Herald " office. The circular (produced) was printed at their office. The order waa. given by Mr Newman on account of Mr f). or B. Stewart. The initial letber had been altered so thab he could say which lebter ib was. Aboub 12,000 copies wero printed and charged to Mr Stewart. A WOMAN'S STORY. Mrs Eliza Clements deposed thab she voted ab Henderson at the last election. She saw young Mr Monk thore. He spoke to witness in the p^rch of the polling boobb. Ho said, " I know you will voto for the old man." She replied. "Me and my old man havo losb a day and would like somo recompense." Young Mr Monk replied, •' Oh thab will be all righb " and he GAVE HER lIAiF-A-CROWN. She did not think she had voted then. Afber she had voted, young Mr Monk went bo tbe Henderson Hotel and paid for any amount of drink and cigars. He gave drinks round three or four times to all the peopio in bhe hotel. This was the first time women had been given votes, and she could nob enter closely into the matter, buc this occurred before the afternoon. She could nob exacbly say who was in the hotel when young Monk shouted, as she lived on the gumfields and did nob mix with them. Young Monk gave her anobher 2a 3d aa she waß on horseback going away. He said " Drink bhe health of my father, and somo day perhaps he might be returned like Billy Swanson and be an honourable." A man named Martin sang "The Sweet Little Shamrock," and vvibneaa Bang "Britannia thab Rules the Ocean." There was a lot of nonsense going on. Young Monk pub his arm round her waiab and took her into tho hotel because he thoughb Bhe had voted for his father. Young Monk said bhab she should not vote for Mr Palmer, because he was a lawyer, and lawyers would turn round and betray them like Judas did our Saviour. Sho bad a cigar and so had Maria Drummond from young Mr Monk.