JUDICIAL INQUIRY.

Auckland Star, Volume LIV, Issue 48, 26 February 1923, Page 5

JUDICIAL INQUIRY.

EDEN ELECTION PETITION. ACCUSATION AGAINST MR. PARR. TKF.ATINIi AN'li BRIBKRY AIJ.K(iKt) A COXVKRKAZIOXK AT IiLKX KDKS Today their Honors Mr. lustier Hosking ami Mr. .lust ice Stringer opened the judicial inquiry into the allegation uf corrupt <ir illpjral practice* hy the! Hon. C ■'. Parr, or his agent*, •luring the Kden election campaign, the charges i Weill" brought in l.alio\ir interest* l.y I ■ lohn Pool, of Mount Albert, ; The proceedings opened formally at the Auckland Magistrate* ( nttrt. and were immediately adjourned t.. t lie Supreme Court. The petitioner was represented by Mr. A. C. Qnartley and Mr. fl. A. | Anderson. and Mr. C t\ Skfrrett. K.C., I Wellington, and Mr. 11. A. lohnstone| appeared for the respondent. i Ahmibj! those present were Mr. Parr and Mr. 11. (i. R. Mason, the Labour candidate for Eden, a* well ;l s a considerable inimher of nther*. including larlies. 8 Mr. Wuartlov -~id the petition referred to two particular event?. but the events in connection with Avondale would not he proceeded with. The original petition published in detail on Saturday, .January 10. alleged that the said Christopher" lames. Parr was both by himself and by hi* agent, guilty of corrupt practices on November -'">. IW2. at (;icn Eden Hall, in that he did treat certain elector* by providing them with music nn<l refreshment, to wit. Mtrawberries. for the pnrpos,. of influencing such elector* to vote at the election, and did for tliaf purpose enter into a coinrac - to pay for the strawberries. It was alleged. tha* by this. Mr. I'arr and by his agent, was guilty of corrupt practice, or agreed to give valuable consideration for tile purpose stated. Alternately, the petitioner alleged that the aforesaid constituted illegal practice. Petitioner therefore claimed that the said Christopher .lamer! l'arr was not duly elected or returned, and that the election was void. An identical charge was set forili in connection with a function held at Avondale Hall on November .'!<> IH±?. lint this was abandoned. Mr. Justice Husking: I suppose the other side may have something n> say on that subject. THE MAIN CIIARUE. Mr. QHartley: That is so. Continuing, counsel said the petition alleged corrupt practices against Mr. Parr personally, and through hi.« agen's. The matter was one of distinction in regard to the consequences and the powers of the Court. If the facts were proved. and it was proved that Mr. Parr was personally responsible, the legislature i had thought tit. to impose certain con- : ditions of disqualification at their Honors" discretion, and if it wore proved it was through his agent* that the corrupt practices took place, other considerations might arise. The main charge, said Mr. Quart-Icy, was c-.ie of treating—although there were included charge* of bribery and illegal purposes —and treating as laid down by Mr. .lustice Williams, according to the Common Law of Parliament., and in order to amount to treating within the Common Law of Parliament, a corrupt intention mu»t be proved. •T intend to prove that the treating took place, and that it wa* done by Mr. Parr and by his agent, and that it wa« intended to affect the election—that it wa* a political act." declared Mr. Quartlcy. Counsel then detailed the evidence be proponed to produce. On November 3, five weeks before the poll. Mr. Parr, hy advertisement, tailed together all prepared to assist his candidature, and to form a committee for him in the Ulen Kden district. STORY OF THK -STRAWBERRIES. Forty people were present, includinga Mr "Shepherd, who hecame chairman, anil a Mr. Levy, wlio became secretary of a committee. About November 14. Mr Mason, one of the candidate*, began "serif* of afternoon meetings for women who could not attend evening meetings. . Mr. -lust ice Husking: Ma'inees in ""'Mr. Quart lev said that »« November IS a week before the i;onver«a7.ione which was the subject of the inquiry. Mr hew and Mr. Shepherd convened a meetin»of ladies, which proved to he v meeting to arrange the e u nver 9 a/..0,.e. The Indies discussed matter* more ot interest to themselves than to Mr. Parr. Then when Mr. Shepherd and Mr Lew arrived it was explained by Ml. Levy that, if the ladies would provide afternoon tea they would provide strawberries and cream. Accordingly Mi-. Knkkson was appointed secretary and Mr*. Rontley was appointed .hairwoman of the meeting. ' Mr. lustice Hoiking: To rarrj out tile entertaining arrangements. Invitations were issued, continued Mr. Ouartley. and 'hey were something like the advertisement* inserted in newspapers which informed people that no one was asked to buy. but •come along and look at our goods." Counsel then described how the strawberries were ordered tin three different oi-.asi.m-. A certain quantity was ordered by a Mr. ynaltrough. on Mr. Levy* request, from Mr. Dick Wood. Later. Mr. Levy >a» Mr. P. E. Wood and personally a-kerl him to -iipply strawberries, but was informed that another linn would probably have in a»>i«l. and it was arranged thai that tirm -hould also provide a portion s<. there were three lot- of etrawbcrrii*-. an.J there wa* no suggestion thai Ml. Lew, in ordering. wa» ad ing for anybody. He had -imply -nil ■'order -In- -trawAT THK < o\\ KI'.SAZIONK The meeting look place according io plan, continued counsel, ami never »uch a meeting w.t- held in lili'ii Kden. The iiall was decorated and the -eats were <et all round the hall for a charming afternoon entertainment. "Everybody wa- there.' including people who had never aiti'iide'l any function before. Mr. Shepherd introduced the candid ate. and Mr- Parr we- pre-.-n; A political addres- wa- deliti-rM by Mr. Pair, liie -übjo.-t- being ,oiiliii-.l to mailer- more pnrtictilarlv of m'.rreei to dentists, school children ami then tare. After that address, said Mr. Quartl.-y, the candidate was introduced to « large number of tlntse present, but Mr- I'arr wa- introduced only to a te« Mr. Parr, a- the centre <>f ; iif programme wa- introdn.ed t.> nearly everybody. Alter i lie address ufteilionn tea iva< «er\ed. and 'h...-e who wanted 'daw berries and .ream partook. Mu«ua items followed, and ti yot« k>l y>B

passed to Mr. Parr for liio ed<lres*. ' Then lie thanked them for the vote, hut! lie did not thank them for the afternoon, entertainment, which. said Mr. Quartley.' was to some extent important, if one; considered whether Mr. Parr was really behind the entertainment or nut. * . THt AKTKRMaTH. j That same evening Mr. Parr «a« li.ild- i iii(E an evening meeting in the same: hall, and during the address lie was' challenged about the entertainment The qupstionet' asked: "Do you lielievc in bribery?" Mr. Parr'a reply was one. which should be noted, commented petitioner's counsel; "I know what you are getting at. but let mc tell you ! did lint pay for it." At a later meeting he was challenged again, and his reply, was: "(Hi, it it. a great shame to -peak about that at all. Win »cc. it was only ii social afternoon, ami had nothing whatever to do politically." It was important to follow ihe iliain of events from this point. Kwdently, said Mr. yuartlev. Mr. I'nir and the. people concerned in the matter knew that there wa» going to be trouble, and , the poor unfortunate strawberry people, began to make inquiries about payment. Mr. P. Wood went to Mr. Levy, who told him: "You must not -end the account in to mc. I aiti secretary of Mr. Parr's committee, and I cannot possibly j pay you. The money is at Mr-. Slieji-; herd's, and you will get paid all right. Yon get all the accounts lor the -irawberries put on one bill. You will be paid anil there will be m> receipt, ami you are fi> say that the strawberrieswere a gift." Then Mr. I'obert Wood, who had not got his order direct from Mr. Percy Levy, but from Mr. Qual-| trough, went to Mr. Levy and said: l "Am I to xeml Ih> bill in to you V Mr. Levy';, reply whs: "No. you are uot to send it in to mc. There! i* going n> be trouble sbuui it. Send it to Mrs. Krruksori. Yon will )in\e to wait a bit. for the. ladies have made no i provision for the payment of these strawberries in advance', ami they ba\e got to collect it. and there ma\ lie Mime ; trouble" ! Further, said Mr. QiumW. Mr. I Pugli received an account for 10/. portion of an account tor £(> 10/. "We know that he saw Mr. Levy after the j trouble, but the nature uf the couve.rsa-I tion 1 am not able u> tell you. but we' do know that Mr. Pugh linn mv that! account now." ! To his Honor: The It)/ wa- out of an j account for £0 10/. representing ilie | cost, of the -strawberries and other ex- : pc lines. JUST BKKHKK THK BATTLE. -Mr. yuartley further stated tlmi <>n the 12th of tliia month, after the election petition had been filed and after the adjournment. Mr. Woods was approached by Mr. Koutley. a member of Mr. Parr* committee, and asked to | send any account to Mrs. Eritkson. sec- j retary of the ladies' committee anil I the account would lie paid, and it was | paid. His Honor Mr. -histice Husking: If this i« done at such a long stage after \ the election won't you have to prove j agency. Mr. Quartley: It may be set forth I that the contract was made with Mrs. Ericksou. but that this was manufactured. I am setting up they may claim this to he the real contract and not the one made by Mr. Levy. It will be proved that the treating which took place did so with the knowledge and in the presence of the candidate, even though it may have commenced without hi* knowledge, t hough we do not admit that. Continuing, counsel referred to tiie sending out of the invitation cards by the committee signed by the candidate. If by their act they turned an innocent affair into an act' against the law then the election wa» void. Mr. Qnartley commenced to cite various authorities with rejtard to similar cases, when -Mr. Justice Stringer said these were all oefore the Wairan ease and counsel would have to show facts which brought tl>e facts of thi« petition within the principles laid down in the Wairau case. THK ALLEGED I'IRPOSK. I Mr. yuan ley said that the facts went jto show that even though Mr. Parr had nothing to do with the function arrangement, when he jfot there and »aw the poeitioii he should have stopped the function. Tie contended that all the facts went to show that the whole intention of the function and its conduct was an inducement to get people there for the purpose of influencing their votes to secure the return to Parliament of Mr. Parr. function, it 1 was significant to observe, wa* ueirt just twelve days before tbe election and the Court would no doubt take into consideration the juxtaposition with regard to the nearness of the elect ion. Their Honors would also note that, despite Mr. Parr being a candidate at the elections from 1!>14 io 1922. it was pe'-tt-liar that this wa» the first time such a function whb held at Glen K.len. It was no doubt intended to have a political effect. Mr. Parr addressed the electors and votes were passed as iixiia!. If it was intended to !«■ entirely a gocial affair why was it .ailed for t he i afternoon'! To use an army expression. , it was a good ■'stunt." Then there was Mr. Levy's remark- to those present that Mr. I'Hrr wa= the only man t h< l ? should vote tor and they wimred to get him in. Additionally, the only men i present that afternoon were Ml Parr. Mr. Shepherd, chairman of Mr. l'arr> ! committee. Mr. Lew. -<■• retary. Mr. !Frv. custodian of tin- hall and a member of Mr. I'arr'- committee, and the .-.mutable. If it wa- not a political I meeting win were .-vll other men cxi eluded ': \ BKoAIK'ASTKI) INVITATIONS. i Mr. ■hislice Stringer: But the i-ard j invitation- state "ladie- and friend*. j Mr. .itiHlice Husking: Men ii-ually i can't afford the time to go to afternoon I tea patties: ! Mr. Quurtley <ai.l that though Mr I and Mr-. Parr moved in *uwi*l .-ir.-le-. , yet the invitation* wef -••in out fo I everybody and not to the friend- M- r- ! Parr would no doubt like to meet "•• cially. "It i* si) jjoliti<-«I ..-am and hum bug to say that 1- days before the elei* tion Mr. Parr, when •tronjsly lighting * keen campaign with nil iii- power >" L'ft returned, -lioiild n< tend at <:i»n Kdon bill for political advantage." Again. Mr. Morton ithe Liberal i-andi late'i. and Mr. Ma-uli (Laboiin. were not invite,l. Inn .-verything pointed to the fact iltMl it »h- ii meeting to win vote-. Iti- il-ke.l ibe I inirt t ii-lder the iidiiili- "1 ami Levy alter trouble 0..-uueil Mi. Shepherd' a-ked ■Mr Per. v Wood- io make a certain I midi-adiiiv -iaieu»i-iit and cuiuoultuge j and to put all 1 lie -trattbenu- on one i aauuui i'Ueu lUcre wa» tW uiai'er wiih Pugli If Mr. Levy was, ttiln.u the four corners of the luw would ne i adopt Mich lectio*! In reply io the Com iMi yuan ivy said that the allegation a- to the hit* I ing of the cream wa-. abandoned. '•"! not a- fai in it loruied part ot ihe 't i eat' with the si i a\|beri ie- I onn-.-l referred to liie fi«yclloUigi»al n-pe.-l. "I the t,|ei, Kden party and ■ "Mt led' tbat it f»i ii.v '.11101 puipo»» ihan 1,, infliienre voles for Mr. I'arr.

WITS ESSES CAIJLEU. lolin Am bury, or.hardist, ..f Kdm. said ihai he was present at » meeting to which be vm invited l>7 Mr Pry. Mr. Parr was at the meeting, ilr. Anderson: Tell us what Mr. Parr ' said, I Mr. Justice Huskiuj?: A rather iall i order! Perhaps what lit- said iWlii l>« ; admit led ' Continuing, ttitue** said 1 liat Hie i-hairman Mr. Shepherd I said all present al that meeting should go on 'he committee. Kxeryhflily aasenled to thi» eVcept wiiiie-*. Mr." Parr >poke to those present ' onceming the election. Messr-. Shepherd. Percy Levy. Rout If y. . Rosier, Kr\ ami others were at the meeting, liiit to the knowledge of wit- . lus* the\ were m>l elected to any •"■- ---etutive p u «ii urn. Mr. Parr's .-<•» was ,vt the meet ing. I.i Mr Sk.Mi.-u- W ni>e t - did not to the meeting: with the intention .>f supporting Mr. I'arr. About thirty per- ' <.ims were pre-eut. Witneiw hail n» knowledge uf details concerning the eleei t inn .'f I 'ie i iiMiinitlee. ■Ml ]■;• MXX I l.Ni; ARKASUKU Nil-. Hill, wife or I'yril Hill, Ulen K.len. dei)i>.-H,| to Having gone tv a meet- • ing the week lii-foi.- tiie <on\er»a/,ioiie. '3\ the invitation ..I Mr Levy There were at>oiit -4 linlie- al the meeting, and Mr, Shenpcrd addressed them, stating that Mr.. Mi>. and Mi*." Parr -wouM he coming along next Saturday, an.i .were having a ladiff' meeting. I" order to maKe tile meeting as iiii-r a* po*sibl.» the ladies, iiiiihl bring rakes, and they ; Would |iro\ ide straw berries and cream ' iHe would like to see t lie meeting as nice a- |,u*siiile. »nd he hoped Mr. I'arr ; would gel iii. \\iine*i "as pretty well ' «lire" that Mr. -hepperd said "Mr. Parr U the man In loti- for.' , Mrs. Erieksoti i wa« appointed secretary, and Mrs. ■ Routh-y chairwoman. Mes»rs. Levy and Shepperd were Hie only two men at the meeting. ' To Ml". Skerrett: Witness was a com- | para five -tranter n> the locality, and slip sc-an-eU kt.ew any of the ladies »f i'ileii Kilen. Aliollt two months ago, witness was lir-t asked to recall what J transpired at tin- meeting*. At the end lof January -Mr. Hill asked her to recall ; the event" <>t the meeting. Witness did j not stay very long at the meeting. b<?|cau«e lier hii.by required attention. I Mr. Justice llosking: 1 suppose the : baby might l>c termed a rival candidate. I Laughter, i il'oiitiiiued on Page 7.1