THE WAIRAU ELECTION PETITION.

Dominion, Volume 5, Issue 1394, 21 March 1912, Page 8

THE WAIRAU ELECTION PETITION.

;JNT!NUATION OF THE CASE. MR, R. M'CALLUM'S EVIDENCE. ELECTION EXPENSES. nir TelesrraDh.-Proas Association.) Blenheim, March 20. The hearing of the petition forwarded to tho Chief Justice by William Carr, John O'Sullivnn, and John Lankow against the return of Richard M'Callum as representative of tho Wairau district was continued this morning before Sir Joshua Williams and Mr. Justice Chapman. Mr. Sinclair was for tho petitioners, and Mr. Skerrett, K.C., with him Mr. Mills, for respondent. Frederick W'ocdcox Broughton, assistant registrar of companies, gave formal evidence as to tho share list of the M'Kcnzio Company and date of registration on October 1, 1509. He did not have tho present list- of shareholders. Mr. Sinclair was granted the right subsequently to prove the present constitution of the company. Edward Francis Healy was asked by Air. Sinclair if Frank Morrison, made any statement to him. : Mr. Skerrett objected, and witness was ordered to stand down pending the production of the main evidence of Morrison. Ellen O'Sullivan said Parker called at her house to see her father, ami talked about the River Board election first. Mr. Sinclair here asked witness what subject, was reached. Mr. Skerrett objected, and Mr. Sinclair said the object of tho question was to prove admissions mado by Parker as to tho hire of motor-cars to. Mr. M'Callum.

Sir Joshua Williams said Parker was not cross-examined on this point.

Mr. Sinclair said ho sought to prove agency between Parker and M'Callum. If tho contract alleged was not proved by evidence, there was no other way.

Their Honours ruled that the fact that a statement was made hy Parker to a third narty was not evidence against M'Callum.

Finally witness stood down, Mr. Sinclair getting leave to recall Parker on the point later. It was found that Parker had gone to Nelson, and on the application of Mr. Sinclair tho registrar was instructed to telegraph to Parker ordering his return.

Richard M'Callum, respondent to the petition, was called by Mr. Sinclair. He made a return of his election expenses nmomiting to .£ll6 3s. 3d. Bull was his secretary. He ordered 1150 copies of tho "New Zealand Times," for which item appeared in the expenses £U. Eight hundred and fifty copies were sent out by the office, and about 50 by Bull. Witness paid Bull nothing. He agreed to pay him nothing. It was Bull's? own \ doing. He had no secretary at Picton. Newman was not secretary at Pictou. Ho never paid Newman any sum of money. Newman asked for'an advance on security, and witness referred him to his managing clerk. Witness refused an advance to 25 others before the election, including Sinclair himself. Spiers was not chairman at Picton. He 'never paid money to Spiers, Adams. Bros., or C. W. Simmonds. Bull received all accounts regarding tho disbursement of ,£IIG 3s. 3d. He enjoined strictly ou Bull the law as to expenditure. He paid Bull by cheque, except just £■>. Bull paid the money.into his own account. ;' ..'.'.•■■■

Mr. Sinclair suggested that witness had paid, or was liable to pay, Campbell, of the Federal Hotel, more than £8 4s. in respect of election expenses.

Witness replied that ho sent in the correct amount...... He did not obtain liquor from Campbell, and brought no liquor to tho Sounds. , In regard to expenses, the items £2 10si and- .fill 2s. to Best were for motor-cars. He did not owe him any more. Witness saw Parker in Juno in reference to motor-cars, and asked him to loan the cars,free of cost for the election. Parker first demurred, and then agreed, with the exception of one promised to Duncan. He emphatically imnressed on Parker that there would" bo no payment for tho cars. In reference to getting vehicles from the M'Kenzio Company, witness saw Parker,, whom, he looked upon as the company,' with Goodman. He asked • him for . the vehicles ho could spare for the election, repeating the statement, he'had made that there would bo no . payment for ..their use. Parker was willing, and referred him to Hogan, tho manager. He also saw Goodman, who also- referred, him to Hogan. Witness saw Hogan, who said he would do what lie could for him. Witness impressed on Parker, Goodman, and Hogan that there would be no payment. Witness informed Bull of tho arrangement. I.ato in January, Macey produced an account, and said he could not understand it. Witness said it was a mistake, and took it back to Hogan, who also said it was a mistake, and that he would deal with it. This was after tho petition was lodged. The loan of witness's car to Parker had nothing to do with the arrangement. It was not meant for payment for Parker's rar. After tho Grovotown meeting, Sutherland asked him to have a drink. He met a few moro on ,tho way, and when at tho hotel tho ' bar was full. Sutherland was in a dilemma, but drinks were served. Witness was not in the bar, but went to a side room, where Mrs. M'Callum awaited him. His cab was at the door of the, hotel, and in a few minutes ho drove home. Witness did not employ Frank Morrison botween the first and second ballots. He was satisfied that none of his- supporters did. No one in his behalf paid or promised to pay Morrison. If Morrison worked for him he did so

gratuitously. Witness kuew no reason why Sutherland did not pay for the drinks till several weeks had gone. Ho knew nothing of tho item in the expenses, .£1 12s. fl<t,, paid by Bull to Sutherland for tho use of the Grovetown Hall. It might havo been a coincidence that Sutherland paid for drinks after receiving tlie £1 12s. Gd. Witness solemnly swore that ho did not influence votes by beer. No beer was sent to Jlirza by biiii or his supportors. Witness mentioned Duncan's name.

_Mr. Sinclair said Dtmcan had nothing to do with the petition. _ Mr. Skerrett interjected; Wo may take it that my learned friend is representing himself in this petition. Mr. Sinclair (heatedly): Tho learned ;entleman ought to ho ashamed of himsolf. I don't wish to bo insulted. I didn't pay tho deposit of ,£2OO.

Witness continued that three of tho petitioners represented Duncan's committee.

ATr. Sinclair replied that he had r.o proof of. that.-. Witness snid he was positive his supporters did not send'lS gallons of beer to Miraa. He would not admit that tho men at Hirza would bo influenced by beer. Thero was a respectable class of men thero on tho whole.

William Henry Newman said his oflico in Picton was used for tho preliminary meeting of M'Callum's supporters.- For a timo he acted as secretary. There was no particular reason for ceasing to act. T T e / was deputy-returning officer at Te Awaite, and took no active part in the election. Ho received no money from M'Callum or his firm. During the last few months ha pot .£.15 from a client nf M'Callum and Mills,'a Mrs. t'aull, a life insurance policy given in security. M'Callum did not pay vritnes-- rent. Adams Bros.' loan transaction took place early in October, 1311. ITo ;.mv M'Cailum's clerk about it, not M'Cali-iM).

Alexander Douglas Spiers said he acted as deputy chairman to M'Callum's Picton Committee. Uo received no money. M'Callum made- no promise of payment. M'Callum did not pay his rent. Adams 'i/os. did not promise to do so. Charles William Simmonds said he did i'.:-.t receive money or a promise of monoy fjv'iu M'Callum. Ethelbcrt Henry Best, motor-car proprietor, said ho had not received other '.••oney than M 10s. from M'Callum in reject to tho first ballot, and JGII 2s. in •vsneet to tho second ballot. M'Callum ■lid not owo him anything additional, If fciio ledger showed differently it was contrarv to his instructions. Mr. Skerrett objected to the intolerable inquisitional methods of Mr. Sinclair. Witness left the court to procure his ledger. .ii'hn William Campbell, proprietor of the Federal Hotel, Picton, in his evidence, said no .liquor was supplied to M'Callum other than that relating to the item iu election expenses of J!8 Ha,

Frank Wheeler Dodson, brewer, Eaid on December 20 he instructed Tovey, the collarnian, to supply 18 gallons of" bcor. Tho collar book, produced, contained tho entry; "J. Ilargood, Ward, M'Callum," under date December 20. Witness gave tha order to tho cellarman. Tho beer was consigned to Ilargood. Ho did not know Hnrgood. Hull left tho order. Tho transaction was to be cost, but had not been paid. Bull told him to call for tho money and got it. Ho did not call for it.

James Chiim, accountant of Dodson's Breivcry, said he had seen tho entry in the cellar-book. Ho had not entered it up in the other books. Norman Dodson told him not to enter it up, and tho item was omitted.

Norman Dodson, browor at Dodson and Co., said ho saw tho entry referred to in the collar-hook. He had told Chinn not to carry tho entry forward. His brother told him to do so. Ho did not know Hargood. Best was hero recalled, and produced the ledger. Their Honours referred to two entries, 0.110 in pencil written over ink, the other in ink written over ink. .

Witness, in reply to Mr. Sinclair, said tho entries had not been tampered with. Probably tho clerk wrote J.'s, and witness noticed and had altered it.

Geo-rgo North said he attended M'Callum's meeting at Okaramio. After the meeting ho went to tho hotel and had a drink with A. M'Callum, He supposed A. M'Callum paid for it. Other witnesses corroborated A. M'Calluin's paying for the drinks at Okaramio. : William Macey said he was chairman of M'Cnllum's Central Committee. He was not sure if Frank Dodson wero a member of the committee. He never announced that M'Callum had a fighting fund. No such fund was in existence. Ho remembered the meeting on tho Friday following the first ballot. It was a meeting of Liberal supporters to do their best for the return of the Liberal candidate. He did not think Frank Morrison, was ot that meeting. It was not suggested then that he should seo. Morrison and. get him to act for M'Callum. Ho went to Morrison's house between tho first and second ballots, aiid had a conversation with him. No one else vas present; . Morrison had promised to do all lie could to assist the Liberals. Witness asked .Morrison to assist them., Morrison replied?- ho would have to see Whether he could get off work. Next day Morrison saw witness, and arranged -tq: go with M'Cartney, and arrange a meeting at Renwick To-wn. He thought Mornson accompanied A. M'Callum to Seddon. Witness told'Morrison that neither himself nor M'Callum could pay for his services. Morrison said he -would try. to assist them. ';■ , "' ~-' . .' :

Archibald M'Callum said he paid Jlcrrison nothing and promised him nothing. lie was jiot a party, nor knew of beer going to Mirza or any other part of thb electorate.

Frank Edward Morrison gavo dramatic evidence. He said he chairman of WifFou's Committee. He corroborated Moeey's evidence regarding an interview. Neither Macey nor anyone else promised to pay him or had paid him. He did not consult Wiffcn whether to take up the position of canvasser on remuneration [ifTeral of £1 per day. He may have told Healy that he was to receive £1 per day. Ho told several people he was to get „E1 per day. Ho said so because they atied hini. for a lie and.got it. It.was no-busi-ness of thoirs to ask his business, ond 'he told them because he thought the questions impertinent. He admitted saying to Holdaway he had done all right cut of the election. He never received ono penny in connection with the election. To Mr. Skerrett: In December, r-fter the election, Sinclaiir,. Vannini, and Cliiverson camo to him at tho farm: Sinclair told witness he wanted him to. upset the election, that he (Sinclair)-was representing Carr and others., Witness replied that he had not received any money. Sinclair, asked him, when in town on Saturday, to seo Macey and., get the money. Witness replied -no money came to him. Witness was in town on SaturJay. He dirt not call on Macey or M'Callnni.' On Christmas Eve Sinclair came to witness's house and asked him if he got the money from Macey. Witness replied that he received no money. Sinclair ask<*l witness if ho had a nip in the house. Witness said "No," and turned away. Ho saw Sinclair on New Year's morning at 5.30 near witness's house. He left tiio house a 'quarter before six, and met Sinclair, who wished him a, happy New Year, and then asked witness if he had got tho money yet. He replied "No." He wash°d his hands of all that dirty business. ,He then ' went 'away. M'Callum never promised payment for his services. On the night of the first ballot he addressed some electors, and asked them to vote for M'Callum.

The case at this stage was adjourned till 10 o'clock next morning.

In the condensed telegraphic report published yesterday morning ono witness. Edward Parker, who is in the cyclo and motor business, was mado to say that two of his cars were hired by Dalgety and Company, and from the context a natural inference was that the cars were used in the election battle. Mr. J. R. Sharp, manager at Blenheim for Dalgety and Company, informed a Dominion representative yesterday that tho cars so hired were used in the company's own business, and paid for by the company.