THE HULL BOROUGH ELECTION PETITION. MR. WILKINS UNSEATED.

Evening Post, Volume XLI, Issue 103, 2 May 1891, Page 2

THE HULL BOROUGH ELECTION PETITION. MR. WILKINS UNSEATED.

' Mr. H. W. Robinson, R.M., indicated in the Magistrate's Court this morning what would be his deoision in tho Hutt Borough election petition oase, which was argued before him some time ago. Judgment, it will be remembered, was withheld, ponding tho result of a motion for prohibition, which, however, was dismissed by tho Supreme Court. His Worship said— lt appears tome that the allegations of the petition have been proved. It is perfectly clear that- at the commencement of the polling the name of Mr. O'Callaghan was not on the roll. It was subsequently added by the Returning Officer, who was al3o Town Clerk. In this I hold the Returning Officer to have been wrong. It appears to me that the accident of the same person being both Returning Officer and Town Clerk does not justify any aldition to the roll after it had passed into the hands of the, Returning Officer iv the execution of his duty. I must hold, therefore, that the rame of Mr. Henry Davies O'Calla?han was not properly on the roll, and that he was not entitled to vote at the election. It appears by the scrutiny that Mr. O'Callaghan voted for the candidate John Wilkins, and for him alone. I order that this vote be strnok off the roll, and that the vo' es be recounted/ At the suggestion of counsel, his Worship decided not to declare who was entitled to the seat until the result of the r f-oonnting of the votes was made known. He would then also decide who was to pay the co3ts. According to the above decision, however, Mr. Wilkins is unseated. Hia Worship fixed the 11th of May as tho date on whioh he would receive the result of the recounting and complete his judgment. Mr. Travers was present in Conrt on behalf of the petitioners, Messrs. Knight, Orr, and Miller, and Mr. Gaily appeared on bohalf of Mr. Wilkins.