THE TE AROHA ELECTION PETITION.

Evening Star, Issue 8479, 2 April 1891, Page 4

THE TE AROHA ELECTION PETITION.

AUCKLAND, April 1

The hearing of the petition. against the return of Mr W. S. Allen for Te Aroha was commenced to-day at the Te Aroha Courthouse, before the Chief Justice (Sir J. Prendergast) and Mr Justice Conolly. Messrs Hesketh and Clayton appeared for the petitioner, and Messrs T. Cooper and C. Buddie for Mr Allen.

The petition was long, but the allegations were virtually three; That Mr Allen did not, signify his consent to his nomination either by letter sent by post or affidavit to the nomination paper, or by telegraph message; that the scrutineers were not appointed in writing by the candidates; and that there had been bribery and illegal treating by agents of the respondent. Theodore M. Lawlor, returning officer for Te Aroha, produced a cablegram conveying Mr Allen’s consent, as follows:—“ I, William Shepherd Allen, consent to be nominated for Te Aroha district.” He produced a list of the scrutineers appointed on behalf of Mr Allen, signed by Henry Battle, one of the nominators,

Colonel Fraser, the petitioner, gave evidence that a man named Edwin Edwards told him he was acting on Mr Allen’s Com- . mittee. Witness asked if he was getting the same pay as the others—L4 a week and all expenses ? He said that no definite arrangement bad been made other than that all reasonable expenses would be paid. Witness was about to state a conversation which took place after the election, but Mr Cooper objected that anything which took place after the election could not be evidence, as the agency terminated with the election. Mr Hesketh urged that the evidence was admissible to prove the agency. The Chief Justice said the statement of a person was no proof of agency. That must be proved by facts. Justice Conolly said if such evidence was admissible no candidate would be safe if at any time after the election a person could come forward and say he was an agent, and had bribed someone. Mr Hesketh said that that ruling would preclude a large portion of the evidence he intended to call.

John Meagher, miner, Paeroa, was the next witness, but this man was described on the petition as John Maher, {farmer, and Mr Cooper submitted that his evidence could not oe received. After some argument, in which Mr Hesketh claimed that the petition could be amended, the Chief Justice said he thought it would be better to take the evidence and decide afterwards whether or not the petition ought to be amended. Meagher deposed that Snodgrass, a baker at Paeroa, gave him an envelope addressed* to him and Corner containing L2. Witness kept one, and gave the other to Corner,

with whom h'e had agreed to divide other moneys received. He and Comer were on Mr Allen’s Committee. After some hesitation witness said he did not support Mr Allen, bnfc volunteered to go on the Committee to see if there was any money in it. He was told Mr Allen was a moneyed man, and was prepared to spend thousands over bis election, and he (Meagher) wished to get a share of it.

James O’Hara, carter, deposed that Edwin Edwards, who appeared to be supporting Mr Allen, gave him ss, and asked him to vote in Paeroa, but he refused. He had voted an hour previous at Earangahake, Edwards told him he had given money to other pnßies; that he had sent LI to Meagher, Li to Corner, and L 5 to a man named Cook. Harry Battle deposed that he had acted as Mr Allen’s agent by verbal instructions given by Mr Allen. He (Battle) did not appoint Edwards as an agent. He reimbursed certain persons for expenses. Edwin Edwards deposed that the L2 given Meaghe“was to pay his and Corner’s expenses in coming to Paeroa to vote, and that the 5s he gave O’Hara was a loan.