THE WAITEMATA ELECTION.

Auckland Star, Volume XXV, Issue 32, 6 February 1894, Page 5

THE WAITEMATA ELECTION.

PALMER V. MOIsK.

CONTINUED FROM PAGE 2.

A GUxMDIGGER'S EVIDENCE. Samuel Johnston was the next witness. He deposed that he resided at Henderson, and worked as a gumdigger. He was at Henderson on polling day. He saw young Mr Monk there. Monk " shouted" for witneßß, and for ten or twelve others. Witness thought he "shouted" twice. Witness saw a man named Martin there. Martin •' shouted" twice too, after Mr Monk went away. There waa not much singing in the hotel then, but there was later on. Young Monk said nothing with reference to the election that witness knew of. Witness voted before any "shouting" took place. Witness heard young Monk tell Eliza Clements to fetch the lot that had voted for his father into the back parlour of the hotel. Eliza called them all in—about a dozen in all—and Mr Monk pave them two drinks each. Young Monk paid for the drinks. Witness saw yourg Monk and Eliza outside afterwards, and saw Monk give the woman some money, apparently a silver coin. WHAT TOOK PLACE AT TAUPAKI. Charles George Hoyle deposed that he resided at Taupaki and was a gumdigger. He knew Philip Gibbes very well; he was very intimate with him. Witness had some conversation with -him in August with reference to the election. Gibbes said that Mr Button again objected, and after some discussion Mr Baume said he would merely at present ask the witne»Beg regarding certain letters, and then call Gibbes. Witness identified two letters produced. He said he took them from Gibbes' whare after he left. Witness had agreed to Bend down Gibbes' things. INTERESTING CORRESPONDENCE. Mr Button admitted that the letters produced were in Mr E. W. Monk's bandwriting. The letters were addressed to P. Gibbes and were as follows : —" Your welcome note to hand. The Taupakites have stood by us quite nobly and assisted very considerably to make up a very decent majority. lam very sorry I cannot accept your kind invite to the little party. I have a particular weakness for thab kind of entertainment, but the place is very backward, and it will take all cur energies for the next few weeks to make it anything like respectable. We are having a kick-up on the evening of Friday, the 15th. I think thab is tho date, if it h nob I will notify you. Can you get up and give us a song or something. Just keep your laundry maid off the tank for once in a time. Charles Beard is, I think, coming up. I want to see you and settle with you, and I think this a good opportunity."—Signed, E. W. Monk. ANOTHER LETTER, The second letter was also pub in and road. It also was signed by E. W. Monk and dated December 7th, Paoroa. " Yours of the sth addressed to Mr Monk to hand. He knows nothing of the matter. I would have sent the money with the last note had I known you were short. I now enclose it. You mighb sign the receipb and give it tomorrow to Mr Horace Phillips. I made a mistake with regard to the date of the party. Ib is on the Friday before Christmas let every one know. Trusting there is a brighb fubure for you."—Signed, E. W. Monk. PHILIP GIBBES' STATEMENT. Philip Gibbes, a young man, deposed thab he was residing ab Taupaki in July or August last. He knew Mr Richard Monk. Witness had some conversation with Mr Monk aboub August lasb. Wibneßß meb Mr Monk while coming home from work. He told witness he was electioneering, and asked witness to do what he could for him. Witness told Monk that ho would nob give him any decided promise. Mr Monk said he would try and help witness into something better if he would do what he could for him (Mr Monk). He also said thab his friends would help witnesa too. Mr Monk said thab he would see thab witness lost nothing by ib. Mr Monk then came down to witness's whare and had a cup of tea. Witness saw Mr Monk again the evening of the electoral meeting at Taupaki. Mr E. W. Monk saw witness at bis whare in company with Mr Phillips, about a week after witness saw Mr Richard Monk in August. Young Monk said he had come to ask witness if he would work up his father' 3 electioneering campaign in Taupaki. Witness replied that he would, and Monk oflered witness £2 per week to do ib. Witness agreed to accept ib. The pay started then, and witness commenced to canv&es. He canvassed Taupaki, Brigham's Creek, and was at Riverhead once or twice. He waa not always alone. E. W. Monk did not accompany witness on these canvassing expeditions. He talked with young Monk how he was to carry out tho election. Witness asked whab ho was going to do in the% way of refreshment Witness said ii' he expected to get voters over there they mush have something for their trouble or ho would not get anyone thore. "BEER AND SANDWICHES." Young Monk said that would be all right, and it would bo looked after. By "^ofr&shmenba" witnesa meant a glass" of beer and a sandwich, or, anything like thab. Mo supposed the beer would be more accopsable to the digger than tho sandwiches would be. Witness saw young Mouk arniu \ ami talked aboub tho oloction, bub ho ' could net roraombor pnything particular about it. On one occasion young Monk eaid thab Deacon would see to the refreshments. Mr Deacon kep& a public house a* Kumeo. Witness did tell the electors thab if they came ovor they would get beer. Witness had nob made any arrangements for beer but he presumed there would be some about ab an election. (Laughter.) Witness remembered Mr Richard MonVa mooting at Taupaki. Witness either proi posed or aeconded the chairman, at the request of Mr Richard Monk. Witness walked parb of tbe way home with Mr R. Monk alter that meeting. They talked generally about the election. Witness told Mr Monk all he had been doing for him, and thafc he thought they were getting i along pretty well enrolling voters. By the Chief Justice : There was nothing said to the fathor about the arrangement made with his son. t By Mr Baumo : Mr R. Monk undoubtedly knew thab witness was working for him. Witness wrote to E. W. Monk several times reporting what he had don 9. Witness remembered seeing Michael Mooney at the Taupaki meeting. CRICKET CLUB SUBSCRIPTIONS. Ha asked Mr R. Monk to either give a subscription to or become an honorary member of tho Taupaki .Cricket Club. Mr R. Monk replied, "Certainly." Later on Mr R. Monk asked for a blank cheque, bub nob getting one Baid he would send the subscription later on. Mr E. W, Monk subsequently forwarded to witness a cheque for £1 Is which was signed by Mr R. Monk. Witnesa gave thab cheque to Mooney who was captain of the Cricket Club. Judge Conolly : la it illegal to subscribe fco a cricket club ? Mr Baume: lam trying to show positive proof of agency. ) Judge Conolly ; Because a boy is trusted by his father with a cheque for one guinea for a crickeb club, is he an agent ? Mr Baume : It was just aa easy for Mr Monk be send the cheque dirocb to Mr Mooney, the captain of the cricket club, and not by Mr Gibbes, unless Mr Gibbs was agent f<x Mr Monk. I shall afterwards contend thab this is a strong proof of j agency.

Witness, continuing, 3aid that be wrote tc MiE. W. Monk.before the election, asking him for seme money, saying that canvassing work was expensive, and he required something to carry ib on. MISSING LETTERS. Ernest W. Monk, a young man, was called, in order to produce the letters which he had received from Gibbes. He produced one letter, and said that the others were out at Mount Albert. Mr Baume said thab young Monk had been subpoenaed to produce all the letters which he had received relating to the election. The Bench toid witness that ho had better produce the letters in question, or he would bo likely to get into trouble. Witness said that he had lost the receipt in question, and had destroyed all the other papers immediately after the election. Sir James Prendergasb : There musb be some reason for having destroyed them. Mr E. W. Monk said he considered them his own properby, bub he would produce all the documents he could this afternoon. ANOTHER LETTER. The letter produced was identified by Mr Gibbs. Ib was as read as follows :—" My dear Monk, — £ have been very much annoyed at the way in which Nixon is behaving as to the money paid to him after the election. He is blabbing to people that he had gone to your place the evening I left rind saw your father, who said he had paid me £7. Did he do so? If he did I hardly think ib fair for Mr Monk to give me away like this, as everyone is asking me what I got. As I hear proceedings are being issued, they might summon me as a witness. What am I to say ? In the meantime I shall stop for a period in the Waikato to get out of the way and then perhaps I shall nob be worried by people asking me what I gob. I shall try to get away at once, and if you wanb to catch me write to the post office at Mount Eden. Why on earth did your father tell Nixon thab I had been paid ?—(Signed) Philip Gibbes. a canvasser's remuneration. Witness (Gibbes) said he did nob geb any answer to that letter. Witness wrote to Mouk for money a week before the election. Young Monk came down and gave witness a pound. Young Monk also told him that if MifMonk got in witness was to get £6, if he failed witness was to get £3. Witness was a voter and was on the roll. He voted at Kumeu. Monk afterwards said 1 hat-tho £2 a week arrangement was a mistake—thab ib did nob commence so soon as witness understood. The £6 arrangement was a new one in lieu of the £2 a week. Witness was paid the £6. After the election witness wrote to Mr Richard Monk for the money in the early part of December. After the luncheon adjournment, Philip Gibbes was further examined by Mr Baume. A letter (produced) was identified by him as the one senb to Mr Monte by him. The letter was as follows:— A SETTLEMENT WANTED. "Taupaki, December sth, 1893. My Dear Mr Monk,—Could you possibly manage to settle with me as promised for working on your behalf over the late election. I would nob ask you but lam in a bib of a mess and require money very urgently, I trußb you will take into consideration the time I lost and also the money I spent, and I think I can honestly say thab I worked hard and successfully for yoa. Trusting you will pardon me for having to ask you and that I shall have a favourable reply, believe me, yours sincerely.—(Signed) Philip Gibbes." To this communication witness received no reply signed by Mr Eichard Monk. He received a reply from Mr E. W. Monk. (Letter produced.) Witness received £6 in bank notes in the letter from Mr E. W. Monk. Mr Phillips brought witness the letter. Thab was nob the same Mr Phillips who had called on a previous occasion to ccc witness with Mr Monk. Witness believed thab the Phillipses were cousins of young Monk. The receipt for the £6 was all ready written oub for witness to sign. The receipt read, " Received from E. W. Monk the sum of £6 for services rendered." Wibness ■ had never done any work for either Monk or his son other than thab in connecbion with bhe election. Witness wrote congratulabing Mr Monk on his reburn ab the same time that he wrote for money. Ho wrote two distincb letters to Mr Monk, one congratulating him on his return. He also wrote one letter ab thattime to young Mr Monk. He must have written seven or eighb letters generally relating to the election. Young Mr Monk here produced what he said was the only other letter he had received from the witness. Witness stated bhab the letter (already put in) referring to the Taupakites standing nobly by them ab the election was received from Mr E. W. Monk after sending the letter ot congratulation to Mr Monk. THE CHIEF JUSTICE "WANTS TO KNOW.') Sir James Prandergaab, reading the latter, asked what was the ineauing of " You must keep your laundry maid off the tank ?" Mr Baume: It means, Your Honor, off the liquor. Tanks, usually, are understood to contain water, bub apparently bho reference here is bo beer. Witness said : Thab is a suggestion on the part of Mr E. W. Monk. We don't have laundry maids on tho gumfields. (Luugbter.) Mr Button : Jusb a bib of banter. Witness : Yes. A CART-LOAD OF VOTERS. In answer to a question witness said that he knew a man named John James Nixon, a farmer, who had a spring carb in his possession. Witness had nothing to do with Nixon in connection with the eloctions. Ib was Thomas Nixon to whom witness gave a list of voters thab the other one (John James) was to take down to Kumeu to vote and bring back to Brigham's Creek. The voters did nob have to pay anything for this. Witness had previously been down and seen the voters and told them that a spring cart would come down and convey them to the polling booth. Thab conveyance was, he understood, for people who he thought were all Mr Monk's supporters. He know thab,John James Nixon did drive people to bhe poll on thab day. A man named Knighb and his wife were driven in the trap. Ho believed the others walked. Witness saw Mr Newman on the day ot election. He believed Mr Newman came from Helensville. Witness asked how would the election finish, and aleo aboub refreshment for ) the voters who were coming over from Teupaki. Mr Newman seemed to be working for Mr Monk. Young Mr Monk gave witness to understand that Mr Newman ) was on his father's committee. Mr Hew- [ man bold witness that be would go up to the Kumeo Hotel and see aboub refresh- ' meats. A "PASS " FOR DRINKS.. : "Witness asked whether if he gave a pass | ib would be sufficient to entitle these men to get a drink. Witness wrote out a sample , one, and asked if that would do. Mr Newmau said '• Yea." Witness wrote on a i card CORRECT P. GIBBES. > Mr Baume: Have you produced any of these passes,. Mr Cooper ? I Mr Cooper: We have not eeen these * passes. Mr Eaume: Well, ao doubt you paid for ■ them. * Mr Cooper: We did not. I say em- ■ phatically that we know nothing aboub i them. ""v 3 Sir James Prendergast: Thore was just f the mysterious word '• correct, P. Gibbea" on these passes,

Witness: Yes. I think I wrote the word «• Monk " on on© pass, bub not on fcht others. Sir James: That really means supply th« bearer wibh drink. Witness: Yes. Mr Baume: We shall show thab drink was supplied gratis on these orders. Mr Baume (to witness): Well, didyott distribute these magic passes, Mr Gibbea ! SEBVISG OUT THB "JASSBg." Witness: Yes: I gave them to the voters as they camo along to the polling booth. I gave them to Mr Monk's supporters only. I had promised them thab they should have a drink, and _it was in pursuance of this promise that I gave them the passes. I distributed between 15 or 20, bub some of bhese included three or four driuks. I should think that between 25 or 30 people obtained drinks en those passes. WORKING UP THE CAUSE. Witness identified a letter produced by Mr E. W. Monk as one wribten by himself to thab gentleman. Ib was as follows:—" Taupaki, 3rd August, 1893. My dear Mr Monk,—l had a visie from Charles Boad last week. He told me you had spoken to him on the subject aa to whother I would accept the position as Secretary for your side at the coming election. I ppoke to your father upon the matter, and I told him I should noblikebomakeanypromises,buton tninkiug the matter over I should like to have some idea as to what service would be required of me, and whab time I would consequently have to give to working up the cause. If I took ib _up you mighb depend upon my going heart and soul inbo it. You mighb give me some idea as to whab payment I may expect. The letter referred toother unimportant matters, and concluded with the usual courteous expression of regard. A post script was added, •• Please excuse scrawl as 1 have nob yet gob my office fitted up." A second posb scripb asked to be supplied with forms for enrolment of voters. Witness, continuing, said: — His firsb interview with young Monk was after that letter was written. Witness was then visited by E. W. Monk, who said thab hia father had spoken to him (Monk) about witness's relations ■ with Mr R. Monk in regard to the elections. Witness knew William Jackson, of Taupaki, and Charles George Hoyle. Witness canvassed Jackson on behalf of Mr Monk. Jackson and Hcyle knew of witness's employment by bhe Monks. Both of them knew that witness was to be paid for his electioneering work. Witness canvassed George and Eliza Knighb. (Left sitting.)