THE WAITEMATA ELECTION.

Auckland Star, Volume XXV, Issue 32, 6 February 1894, Page 2

THE WAITEMATA ELECTION.

PALMER V. MONK,

PROCEEDINGS AT THE SUPREME

COURT.

The hearing of fcbo petition presented by Mr Jackson Palmer agaiurt the return of Mr Richard Monk for the Waitemata seat bids fair to occupy several days at the Supreme Court; as there are between 30 and 40 witnesses. Yesterday not more than sir were heard. After we went to press a lengthy argument took place as to whether the evidence of a witness's (statement to her hueband should be admitted. Ultimately it was decided to take the evidence subject to the matter being argued later on as to whether or Dot it should be admitted. Mrs Clements then stated that her husband stood just opposite to her when she' was speaking to young Mr Monk. When she returned, she showed the halfcrown to her husband, and said, "John, I (jot some moDcy from young Mr Monk." Of course her husband knew she had do money when tbey loft their home. Eliza Clements, cross-examined by Mr Cooper, said her name had been Eliza Bice before she was married Bjjain. She declined to say how often she had been convicted. She cotzld not spy whether she had been convicted 99 times. She could not say whether she bad been convicted eighteen times for,vagrancy, or twice for larceny, or once as a rogue. She had not a paper and pencil to keep a record. She would admit that she had been convicted of drunkenness. She could not cay whether or not she had been convicted of vagrancy. She once did get one 12 months. She would admitshe was convicted of drunkenness last year. She had been in the colony 18 years. She could not say whether or not she had spentover seven years in gaol. She did not keep a " diarrhcea." (Laughter.) When ehe gcb the half-crown from young Monk, she told her husband. She could not cay whether she had been convicted of larceny. What happened in the lower Court bad nothing to do with this case. In order to save time, Mr Button admitted that E. W. Monk lived with hia father, and worked on tho farm. 111 l CLEMENTS' EVIDENCE. John Clements deposed that he was a gunidigger at Henderson. He was at Henderson ar.d voted on the day of the poll. His wife was also there. She bad no money when tho first went there. Witness saw youug Mr Monk there. He said to witness and his wife "I know you'll vote for the old man." Witness's wife said, " Whose going to pay me and ray old man for loosi&g our day ?" l'onng, Monk said, " Oh, that'll be allright." j Witness voted, and upon coming out he saw young Monk giving something to his wife. She then came to witness and said, " Young Monk has given me 2s 6d." After that they all wens to the Hotel. Drinks were given to those who had voted far Mr Monk. Witness had some drink. Mr Bauma: " Did you pay for tho drink ?" Witness: "Me pay for them? Did you think I was mad? When I could have it for nothing. Young Mr Monk paid for the drinks." Witness further stated that they had two or three shout?. Another gentleman who said he was a butcher also shouted. He said he was there for Mr Monk. There were about a dozen ab the hotel. His wife came to him at the hotel and said that young Mr Monk had given her another 2s 3d. Mr Monk was on horseback at the time and just going away. She gave one shilling to another woman. Cross-examined by Mr Button witness said it was just after hie wife came out of tho polling booth that the half crown was given her. It was porae time after that when young Mr Monk gave her the 2s 3d. It was before the polling that young Mr Monk said. *'I suppoee you will vote for tho old man," and it was after they bad voted that his wife gob the money. Mr Button: Is the last witness your wife ? Witness: Yes. Mr Button : Where wore you married? Witness: Ab tho Bay cf Islands, if you want to know, in the church. I don'b know which chdrcb. I waß the worse for drink when J was married. Mr Button : Had you and your wife any drink before you went to the polling booth to vote. Witness : Ye?. Mr Button : Who paid for that liquor ? Witness: 1 did. THE HOTEL ATTENDANT'S TALE John Ryan deposed that he lived and worked at the Falls Hotel, Henderson, He Baw young Moiik there yn tho day of tho election. Mr Ernest W. Monk was called in, bub stated that his name was nofc " Wicland," but " Wieland." The witness said that was nob bhe ycung Mr Monk he meant. The Chief Justice then told the witness to go outside and bring in the young man be meant. This was done, and the witness returned into Court with the Mr Monk lie had failed to identify oa bhe first occasion. Wibnesß continuing hiR evidence said he had a balk with jouug Mr Monk. He said to witflfees as two men passed by, •' Here's two shillings ; get hold of those fewo men, booze them up, and got them to vote for the old man." Witness asked, " Who's bhe old man ?" He replied, "My father, Mr Monk." Ho then handed witness the two shillings". Witness spoke to the two men, but as they would neb come back and have anything, he spent bhe money himself. A man name;! Jim Donnolly was alongside of wibnosß when Mr Monk pave him the money. When tliei men refused to have anything, witness offered the money back again to youug Miiuk, bub ho would nob take it.

Young Monk shouted for about a dozen

people ab the hotel. He saw young Mr Monk pub down the cash for the drink.

He hoard young Mr Monk ask two females if they voted for the old mart, or the

right man. They replied " That was their

own business and nob his." Young Monk then shouted for the two women.

~« The Chief Justice : Who were the ladies ? Witness : One was Mrs Clements. His Honor: And who was the other lady? Witness : Her name was Drummond. Witness further said thts young Mon asked him if he had voted for the right man. Witness eaid that was bis own business. Young Monk was " boozing" everyone about the hotel tc> get thorn to vote for tho old man. ' Sir Jamos Prendergast: One would think that any of Mr Palfoe/s friends if present could have seen this. WilJhesß: None of Mr Palmer's friends Were there. Sir James : Was there any secrecy ? Witness : No ! he was shouting for everyone. Sir James : You see, Mr Baume, this witness says this was done quite openly. If this were done so openly, one would naturally expect to find it capable of being proved by unexceptional evidence. I don'b. know about this witness, or Whether ho sots himself up as belonging to a very high clasp. Mr Baume : Unless evidence is givon to the contrary, I submit that the statement of this witaess ransb be accepted. Sir Jamsa : He presents a case of wholesale treating. There was no secrecy. Mr Satiwo : I think we shall call evidence which your Honor will consider unexceptional with regard to the treating. cir James : The other side Will nob deny that if young Mr Monk were treating people « li, o dock, he waa doing bo to Create an umpression in his father's favour, or to pay those who bad voted for his father.

ANOTHER WOMAN'S STORY. Maria Drummouc! deposed that she lived near Kumeo, and voted at Henderson last

election. Young Monk asked witness and others to have a liquor. Mrs Clements asked him if he was going to stand a liquor, and young Monk replied ■' Certainly. 9' He shouted twice. Young Monk offered her a I cigar, which she accepted. AMr Martin also came in and shouted for all hands. Young Monk said to witness, "Do you know anyone that will vote for my "father ?" Witness replied that she did not, bub told him where to go and find a family known as Smythe, who might vote for Mr Monk. He then went out and mounted his horse. Before going away young Monk gave Mrs Clements 2a 3d, and she handed witnes§ one of the shillings. Afterwards young

Monk returned and gave her 2s to go in and shout for the men in the boteL That was just about duck, near 6 o'clock. Mr Button : Have you been convicted 35 times for drunkenness ?

Witness: Are you sure its the game name ? Mr Button '• How many convictions hare you bad? Witness : That's nothing to do with this case. Mr Baume: Have you been convicted for drunkenness. Witness: Yes. Mr Button : Also for using obscene language ? Witness : Not me. It's another person of the same name. Mr Button : Had you a month for using obscece language ? Witness : I don'b think this has anything to do with the case. Mr Button: Were you convicted of vagrancy ? Witness: Why should I be? Never. My own people keep me.

Sir James Prendergast: Ara you quite certain you know you are on your oath, and you may be indicted for perjury? If you have been wrongfully convicted say so. A magistrate ia not infallible, and might make a mistake.

Witness: I have been wrongfully con victed.

Mr Button : Have you nob been thirteen times convicted for vagrancy. This is the record from the Police Court.

Witness : Even if I was, it's no matter. Mr Baume : If you have been convicted for vagrancy, for goodness Bake say so I Witness: J will give you the benefit of it, and say "Yes." Mr Button: Have you been convicted of malicious injury to property ? Witness did not reply. Mr Button then asked ; How long have you been in the colony ? Witness : I am a native of Auckland. Mr Button : Have you not spent six years six months and two days in Mount Eden Gaol for various offences ? Witness:-I don't think so, for I have paid my fine many a time. Mr Button : Were you in Mount Eden several times ? Witness : Yes, when I could not pay my fine. Mr Baume : Notwithstanding these convictions, yon have spoken the truth about this business ? Witness : Yes. I have told the truth as though I was going before my God. I'll not tell a lie for any one.

HIS FATHER'S FRIEND.

Hyram Lyons deposed that he lived about five miles from Henderson. He was a gumdigger. He voted at Henderson at the last election. He saw young Monk there. Witness told him that Mr Monk senior had been a friend to him. Young Monk ehouted h drink fof witness. After witness had voted, young Monk asked who he had voted for. Witness replied, " I never tell anyone who I vote for, bub your father was an old friend of mine, and I voted for the right man." At the hotel young Monk shouted for witness and another man. Four persons in another room shouted out that they were Mr Monk's men and women, no young Monk paid for drinks for them also. Before witness voted, young Monk aeked, " Who is going to be the man." Witness replied, " Oh, Mr Monk, of course." Young Monk then asked him to come in and have a drink.

Cross-examined by Mr Button, witness said he saw young Monk a little after two o'clock at the hotel. Witness was tho first to speak to young Monk in the morning.

At ten minutes past 5 o'clock the Courb adjourned until this morning.

TO-DAY'S PROCEEDINGS.

The L'ourfe resumed at 10 o'clock this morning. Mr Baume said he' proposed calling witnesses of a different class this morning. Of course His Honor was aware thab it was absolutely necessary that he should call the witnesses who had been bribed.

AN HOTEL ATTENDANT'S STATE MENT.

Miss Elizabeth Kavanagh deposed tbab she was the sister of Michael Kavanagh, licensee ©f the Falls Hotel. She was in the bar the whole of the day of the Waitemata election attending to her duties serving drinks. In the early part of that day, Hyram Lyons, James Donnally, Eliza Clements, Maria Drummond, Sam Johnston, and John Clements were all in the hotel. Others kept coming in and out. They were supplied with drink. The Chief Justice: What reason was there for you remembering these names and nob the others. The witness said that she knew these people as they were often about. Witness: Mr Monk, junr., paid for the drinks for these people several times.

Some singing wan done by Martin and Eliza Clements. She thought Martin was from Helenaville. He also paid for drinks once.

The Chief Justice: Leb me see, ib was Martin I think, who sang the " Bear Little Shamrock," and one of the ladies sang " Rule Britannia." Witness: Thab was Eliza Clements. She heard young Mr Monk cay, " Come on up, old man, and record your vote for my father." The man Ryan showed her two Hhillinea, which he said young Mr Monk; had given him. Ryan shouted for James Donnolly. Young Mr Monk spent) bhe greater part of the forenoon in and out; of the hotel. Young Mr Monk dined ab the hotel that day. He " ehouted " again after dinner. Eliza Clements was speaking to young Mr Monk on the verandah. Afterwards Eliza Clements showed her half-a-crown, which she said young Mr Monk had given her. To the besb other knowledge it was a' half-crown piece. Mrs Clements called for drinks for Maria Drummond and herself. Bhe had nob known young Mr Monk to "shout)" drinks in their hotel before or since the election. She thought he wanted to try and get their votes. Young Mr Monk only drank colonial wine. The Chief Justice: Not) made on the premises of course. Witness said young Mr Monk ehouted for eight or nine people more than bnree times. There mighb have been twenty people about bhe hotel thab day. The district was a small one.

Cross-examined by Mr Cooper, witness Baid that: she saw young Mf Monk oh his horse jusb before Eliza Clements said he had -given her 2s 6d. Thab was after dinner. To the besb of her knowledge the coin was a half - crown piece* The woman Cloinenfca and Maria Drummond lived somewhere out of the township, and now and again they frequented the hotel. Witness did not hear Mrs Clements ask young Mr Monk to shout. / THE LANDLORD'S TALE, Michael Kavaungh, brother of the lasb witness and licensee of the Falls Hotel, deposed that he got a tetter from Mr K. M, Cameron, of Helensville, dated November 27bh, 1893 :—" Mr Kavanagh s Dear sir,-*-Allow me to introduce to your notice my friend, Mr Martin, wh6 ie £Ofh£ ib spend to-morrow at> Henderson to help Mr Mdhk'a election. 2 hope fcr old acquaintance a&ke

you will help him." The letter was delivered on the day of election by Mr Martin himself. Witness read the letter, and told Mr Martin that be could nob support Mr Monk. Martin replied, "We can agree to be friends even if we differ in politics." Mr Martin spent the most of the forenoon in the bar parlour and on the hotel verandah. Witness also saw young Mr Monk at the hotel. He asked witness bow the election would go. Witness replied that he thought Mr Palmer had acted foolishly in nob appointing a scrutineer at Henderson. Young Mr Monk replied that it was a very good job, as it might give them a chance to work a swindle. When witness went to record bis vote, young Mr Monk was standing inside the porch of the polling booth. He could not tell of his own knowledge what young Mr Monk had doae there. He was told that— Mr Button objected to hearsay evidence as to what young Mr Monk was doing. Sir James Prendergast said it might be fairly taken that if young Mr Monk were there be would naturally be doing the best be could for bis father.

Mr Button said it would be madness for him to pretend to deny that. Jndge Conolly : If be stood in the porch, and said to every voter, " I hope you're going to vote for my father" it would not be a breach of the Act.

Mr Baume : That would be presumptive evidence of agency. Judge Conolly : It would be evidence of canvassing, but be might be a volunteer. Mr Baume said that at any rate be bad at last gained one admission from his learned friend, which was the first so far, namely? that there had been canvassing.

Mr Button said be did not wish there to be any misunderstanding. All ke had ■aid, was in reply to ilia Honor, that if jouDg Monk was there it would be madness to difipufce that he would be interested in the return of his father. Be did not admit either canvassing or agency. Witness, in answer to farther questions, said he was standing on the verandah when Ryan came along and said, " See, this is what young Monk gave me to go and booze up two men to try and get them to vote for his father," at the came time showing a two-shilling piece. Witness saw E. W. Monk in the hotel. Witness' sister had charge of the bar. Witness knew Mr E. W. Monk. The latter did not drink very much, but be bad spent a little money there, a few weeks before the election, and up to the election. Young Monk was not id the bar-parlour prior to the day cf the election, to witness' knowledge. Cross-examined by Mr Button : Witness told Martin that he (witness) would vote for Mr Palmer. Young Monk had been told by witness on a previous occasion that, he would not vote for his father. Witness i was only subpoenaed this morning. He was in the body of the Court yesterday. He told Mr Palmer yesterday that be could give evidence. He was not getting statements from the witnesses yesterday and telling Mr Palmer about them. He did come down by train with a lot of the wituesses. He knew a lob of them personally, and had conversed about this caee.

By Mr Baume : Miss Karanagh was not in town yesterday. WAS " SHOUTED " FOR. James Donnelly deposed that he lived on the gunfield near Henderson. He saw young Mr Monk and John Ryan together on the day of the election. They were talking together. Witness had two drinks at young Mr Monk's expense. Ryan also shouted for him. Thab was after Ryan had been talking with young Mr Monk. (CONTINUED ON PA GE 8.) \