SUPREME COURT.

Daily Telegraph (Napier), Issue 5125, 23 January 1888, Page 2

SUPREME COURT.

ELECTION PETITION,

WI PERE (PETITIONER) V. JAMES CARROLL (RESPONDENT).

(Before Their Honors the Chief Justice and Ju»tiee Gillies.)

THIS DAY.

Tho case was resumed this morning, when the following evidence was called: . Arama Karaka deposed ho resided at Taupo. Remembered the polling day. Know Abraham, whom he saw thero that day. Knew Tikani, who was also there on tho day. Abraham asked him to vote for Mr Can-oil. Did not see anyone shouting, but saw them drunk through Tikani's shouting. Those who were drunk said it was through Tikani's shoutimr. Heard that there wbb a dinner given to those who voted for Mr Carroll; did not soe where the dinner was giveu. Heard from Tikani about football suits, thoso who voted for Mr Carroll were to receivo a, football costume. That was said on tho 6th September, though it had been repeatedly said to tho young people. The vote was on the previous day to the 6th of September. To tho Chief Justice: The votinewas on the 7th September. The sixth of the month was after tho seventh, that was why ho said it was said after the election. Tho Chief Justice : What is the value of his evidonoe when he says the sixth is after the seventh ? Witness continuing his examination: The seventh was tho polling day. and he heard about the football costumes on tho sixth, tho day after the polling. He could read.

Mr Rees: I will conduct tho examination in Maori if dosired.

Tho Chief Justice: That is a grossly impertinent observation to make. Mr Rees : Sinco the document was put into his hand I have not been able to put a question. When questions are asked from right hand and left hand, it ia very difficult to proceed. I do not intend to be impertinent to the Court. Tho document is a Maori telegram. (Telegram put in, "I am in trouble, do not distribute the ball and olothea." Dated l.tli September, from Tikani, Hastings, addressed Poihipi.) Wituess continuing:—Got tho telegram somo timo after tho election. Could uotsay how many weeks it was after the election. Tho reason it was given to mo waR, it was arrauged that tho football suits and ball should bo given to those who voted for Mr Carroll. Voted for Mr Carroll. '

.loMrCoruford: Tho agent said to all the people the football suits would be sent. Did not know from the telegram that there was a reason why tho suits should not be sent. Heard that tho suits had reaohed Taupo, after ho had soon the telegram. Mr Coruford said ho was instructed that tho translation of tho telegram—a better reading would bo this, "I am in trouble, by aud by ball aud clothes will be sent. Mr Justice Gillies: There is no "distribute " there at all.

Mr Kelly translated literally telegram: ' ' \ cry great; lam in great trouble; don't yet give." Mr Justice Gillies: Did not you, iv answer to my question, say tho w-.rd was " send, ' not " give." Mr Kelly continuing: Football and the clothes—or rather the ball.

■ Mr Cornford : Does not the word mean in tho future "give.". Mr Kelly; Not ne.ossurily. Mr Justice Gillies: If the word is in tho future how can it bo " sent ?" Witness continuing: Heard about tho football from Tikani on the 6th. That was attor the polling on tho 7th. Was not a footballer, but would havo tried tho game. Had no claim to a suit, because ho thought he should understand the gamo before he took the clothes. Tikani did not mention any number of suits. Tomoaua, h* heard, was Mr Warbrick's agent. Saw Tomoaua when he was at Taupo after the election, and it was after that ho f|rst saw the telegram. Told Tomqana what he had told tho Court in answer to questions put by Tomoaua,' '" •

Popoki Knrupai deposed he lived at Taupo. Was present when Tikani spoke to the electors at Tapuaeharuru on tho 2nd September. Tikaui said he had food for the people, which Mr Carroll had sect for tho people which voted for him. After that was said they wero asked to go into tho public-house, aud after they wero. thero Tikani gave a pound to Hohopa Tamamutu, .which was given to pay for the expenses while' travelling. Mr Cornford: Did the witness say ho gave it to him to pay those expenses, or I believe he gave it to pay those espouses. Mr Kelly said he could not remember tho words.

Mr Cornford: Tour Honors, lam sorry to do it, but I aiust object to such interpretations entirely. Our client is recognised as a master of his mothor tongue I cannot sit still and hear that which is'boiler translated as positive fact. T -¥ r „ Jufitico Gl »ios: Who' cngW Mr Kelly? , ■

Mr Rees : Tho Court Mr Justice Gillies: Tho Court haa nothina to do with it.

Mr Rees : I had engaged Mr Grindell. Ihe Chief Justice: What do you say, Mr Cornford, to Mr Grindell ? J> Mr Cornford : Mr Grindell is a good interpreter, but ho has been tho rght ha d of ray friend all through the matter. The Chief Justice : Who do yon una-. gost, Mr Cornford ? J . *

Mr Cornford : I would suggf st Mr J. P. Hamlin. . ■"":'' , , * ,_Mr, 'Hnmliu was thpu sworn in and took Mr Iyolly s place, who retired.

Witness continuing The pound was given so that ho should be strong in gettdnjf the people to vote for Mr Carroll, lohepS was a chief, the hapo being a. Ornaaut Tikxai'e NWade t. Hob,>, but h-« tola tbto «II to tift tdi

Mr Carroll; Two bottles of brandy were shouted at the hotel, and then Tikani said if all tho rming follows voted for Mr Ctvroll they would get football suit*. Mr CarroUseuditi-rtbomtoTikstiiand riKiimformiding thenioiito Hohepa. It wa*Tiknni s nuvi.-v paid for the brandy and drinks but G-di "'h-v irave them to them. Tho ln~.it.dy was taken to Oruanui in the evening. A b,<- i>f sugar and a bag of flour were given onlbe rtth t-» Hohepa for tho polling place at OniaMii. Tikani also shouted at Gil'a-'hcr's. he bad threo glasses, which w'--ve paid for by Tikani. From Gallagher's on the morning of tho 7tb a box of biscuits aivl a ba" ~f miliar were takcu away by tho n itives. Tikani giving the money. Did not boo the money paid, thought it was Tikani pii.l because why should another person w'iislo his money paying for the biscuits and <u-.*ar. There was any quantity of shouting on tho poliiusr day; it was all Tekani's shouting, the drinks, sugar, and flour Ho said so because Tikani was Mr Ca\ oil's agent. S-imo of tho people were unYte to reach the polling bo->tli, they got S3 drunk. Ho voted for Mr Carroll, firstly on account of the fo«'tb"ll suit and secondly oi aoeoi.ut of the food, and the five shil-lia.i-s that was given to him on the 2nd September. Hohepa giving five shillings between four of them. The telegram (produced) was f.mnd by him. It was found b tween Oruanui aud To Wham. The tol'-graui was in au envelopo which had been ovened. To Mr Dick : The telegram referred to th-ir football suits therefore he gave it to Kiraka. Ar.spcta To Kuripai deposed he remembered Tikani speaking at a meeting at Oruanui and a4:ing the people to vote for Mr Carroll because he was a good man. Tikani gave Hohepa one pound, and four others five shillings. The money was given on the 2nd September at Tapuaeharuru. The Court then adjourned for lunch.