BAY OF ISLANDS SEAT.

Press, Volume LI, Issue 15268, 3 May 1915, Page 5

BAY OF ISLANDS SEAT.

HEARING OP ELECTION

PETITION.

(press association telegram.) KAIKOHB, May 1. The Election Court resumed this morning.

John Jacentho, a retired farmer, gave evidence regarding a conversation he had with Mr Reed and several others at Peria. He could not remember anything being said about Mr Wilkinson standing down.

Under cross-examination he said that Mr Reed remarked that it would bo worth ever co much to him if 31 r Wilkinson stood down. Witness subsequently visited Samuels, and asked the latter if there was any chanco of Mr Wilkinson standing down. Samuels replied: "Not h..lf a chance." Witness said that if it was a matter of expense, he would get paid. He told Samuels he would also get paid bis expenses, meaning all election expenses. Samuels answered that nothing could be done, but he would send the offer on to Mr Wilkinson. McGlashnn told witness that a committee would bo formed, and witness presumed that the committee would pay. H© believed that the committee was - to be formed of Mr Reed's supporters. Sir John Findlay: Did you tell Samuels that Mr Wilkinson's retirement would be worth a great deal to Mr Reed? Witness: I might have said something like that. Sir John Findlay: What did you mean? Witness: I thought Mr Reed would join the committee and. pay some of it. Sir John Findlay: Were you not asked by Endean who was to pay, and you replied that Mr Reed was to pay. Witness admitted that he might have told Endean, Samuels, or both, that Mr Reed would pay Mr Wilkinson's travelling expenses. He did not know if Mr R«ed uncTerstood him when witness said he was going to soe Samuels. Mr Reed eaid, "All right," and next moment witness said to Mr Reed, "I wijl let you know to-morrow what Samuels cays." Mr Reed answered, "Never mind that, I am coming back to-mor-row." Mr J. -Reed, K.C., respondent's conneel, {submitted that under the section of the Act quoted the indictment must bo laid for anything constituting corrupt practice. Mr Justice Homing: An election may b e voided for corrupt -practice, but not necessarily committed by the candidate himself. *Th e fact of ngency has to be established as well as knowledge. Mr Reed siibmitted that it was not sufficient for tho facts to be raised to create suspicion; there must be evidence to chow that the person _ said to bo an agent was an agent in -fact There xrns no evidenco to prove canvassine? by Jacentho. and that canvassing did not necessarily constitute agency. Jacentho was not'asked by Mr Reed to do anything - Mr Justico Hoslring: Them was an nesent on Mr Eeed's part to his going to see Samuels; "a nod i s as good .as a wink to "a. blind horse." Counsel suhrnitted that Mr ttpecl was just nutting jacentho off when he said ".All "right, I will see you when I come back to-morrow." The petitioner's case then closed. Mr .Heed submitted that there was no evidence before the Court to warrant the Court in holding proof, of agency respecting Jaoentho. A very gray© injustice could be done if casxial words could be construed round a very improbable conversation. Ho , submitted; that there wa* a clear case of the person acting on his own responsibility. The Court decided not to determine the question of jncentho's agency as a preliminary rruostion.. Mr Reed, K.C., referred to the stateTnent that the expenses of Mr Frank Lawry had been -naid before Mr Lawry retired from the-Parnell contest. Sir John Findlay objected to the introduction of th© Parr ell contest as containing" a possible reflection on him. Mr Reed assured tho Court that the remark referred to another election, and argued that the public regarded th c payment of retiring candidates' expenses ns a general thing. Sir John Findlay pointed out the difference when such expenses were paid by another candidate. Evidence wn«» given by the, respondent. Vernon Herbert Reed, who statod that he had always desired that the Northern Peninsula should be represented in the TToper House. In 1913, he suggested to the Prime Minister t>at Mr J. C. Johnson be appointed. The Prime Minister entertained 'the idea, but Mr Johnson did not rtfve a definite reply. In June. 1913, Mr Wilkinson's name was mentioned. Mr Massey tojd witness thi>£ he had received no definite reply from Mr Wilkinson as to the offer of a seat in the Upper House. He asked witness to see Mr Johnson, with a view to fretting direct intimation from Mr Wilkinson. Mr Johnson. beinjc at that time a supporter of Mr Wilkinson's, witness suggested to Mr Massey that.he (witness) should propose to Mr Johnson alternatively that;if Mr Wilkinson, wanted to contest the election, witness would retire in twelve months' time and leave tbo field to him. Witness wanted a 6 traifrht-out contest with the Opposition candidate. On account of his attitude in the previous Parliament, witness had been subjected to adverse comment, but he felt certain his action would receive confirmation from the electorate. He considered it mor© important to him,to receive that endorsement than continue in politics. "Witness saw-Mr Johnson. b"t made no reference to receiving word from the Cabinet. Witness said notliine about obtaining assistance from Mr Wilkinson or. giving him help at the by-election. A letter from Mr Johnson to the Prime Minister was put in, ,showing that on January 27th, Mr; Johnson suggested to Mr Wilkinson that he be appoiiited to the Legislative Council. Continuing, witness said he did riot say at a meeting that he was sure he could £?et Mr Wilkinson a seat in the Council. He did not consider there was anything in the nature of a bribe in tho appointment of Mr Wilkinson . to the Upper House, as Mr Wilkinson had full qualifications. Witness took full responsibility for anything he had done in the matter. There never was tho slightest suggestion that Mr Wilkinson should be approached, but Jacentho did not acquiesce in any suggestion that he (Jacentho) was going to see Samuels. His (Mr Reed's) supporters were thoroughly satisfied that Mr Wilkinson was running in conjunction with Dr. Buck. Witness could not account for what Jacentho said. Ho could not have said that he would see Jacentho again, as ho was leaving the district.