ELECTION PETITION

Greymouth Evening Star, 8 March 1926, Page 2

ELECTION PETITION

THE WESTLAND SEAT. hearing commenced. f— —1 ■, When the electors fol Westland, in November last, showed themselves to be so evenly divided in theiir political opinions, as to cause practically a drawn contest-between Messrs T--L.. x. Seddon (Nationalist) and J. O Bnen (Labour), they started an which is still being vigorously jonducted. Who.is the rightful nwinbei for Westland? 1W U % (S fiS now put before a : special Ele€ toral Courted GreymoUth, consisting of’ Mr Justice Stringer and Mr Justice XE. Mi Seddon at. the right,.by virtue, of a only one 'vote, to place the letters “M P.” after his name. ‘‘This morning, The Court commenced the hearing of the Petition lodged by Mr J. o,’Brien, who, on no fifteen points, prays that the Court Sid delate that h© was duly ed or, in the alternative, that the election be declared Y . +n e 'The keen interest Shown in the proceedings Was evidenced by th. crowded body of the Court. Mr W. J. Joyce, appeared for tne petitioner. Mr. J. Murdoch. In.trucM by Mr. J. w. Hannan, represented Mr.

Seddon. ,' .. It was admitted that all preliminary requirements had been complied with. ’ In opening the case, Mr. Joyce reviewed the circumstances of the election, which -was decided by thes vote 6f the Returning Officer. The petition, fife said, seemed principally to be a matter of fact. Mr. Joyce then set out the grounds of the petition, as previously published. In the case of Rupert Dunford convicted by the Supreme Court for dual Voting, Mr. Joyce said that both Dunford’s votes had been disallowed. It was alleged that some votes from Westport were not counted in the scrutiny. So. far as the' allegation, that the secrecy, of the ballot was not maintained, Mr. Joyce O nbi that. in view of the decisions of

the Electoral Courts, he could not contend there was anything in it. - Mr. Murdoch called attention to the Allegation that certain names should not have, been pn‘ the rOll, on tlio ground that such persons had been away from the district for more than three months preceding the election. It did not necessarily follow that such persons automatically became registered on the roll of another district. A person might not have stayed long enough in a district to become qualified, but might have been travelling continually. Mr. Joyce called evidence in support of the petition. c EVIDENCE FOR PETITIONER The first ’ witness was Bessie Cain, wjio said she and her husbarid, John Cain, voted at Greymouth. She left Greymouth on Jan. 24, 1925, and went to Brooklahds, Canterbury, where they had secured a section by lot. Witness left' Brooklands in May and went to Christchurch, where she remained until the beginning, of July. She then went to Wellington, where she stayed until October, returning to Greymouth about the end of that month. During that time her husband was on the farm at Brooklands., He returned to

Greymduth before she did, but she did not know the exact date. He was ready to return in May, having done the fencing. She left him at Brooklands when she went to Wellington. To Mr. Hannan: She first came to Greymouth 48 years ago. She stayed with her daughter at Christchurch for a while in January 1925. The place at Brooklands did not suit her, so she came away. She had five houses at Greymouth when she left for Canterbury, to look at the Brooklands property. She stayed a week with her daughter at first, and subsequently visited her qn several occasions, coming in from rooklands. “When did you go to Wellington?” asked Mr. Hannan. Mr. Justice Stringer: “She has already given us all those, details, Mr. Hannan. If you go over them all again we' shall never get through.” Mrs. Cain said she never applied for registration on any other roll. Her home was always at Greymouth, and she always retained her property

there. John Cain said that he left for Brooklands a little before his wife. He agreed to the price of some sections t.here, and took possession, remaining there about six months, off and on. During that time, he made four visits to Greymouth, the visits ranging from two days to a fortnight. He returned finally to Greymouth three or four months before the election.

To Mr. Justice Stringer: He still retained-’ the Brooklands sections. There was no house on the land, but there was a golf pavilion. To Mr. Hannan: He still retained his. property at Greymouth, and his . coal mine at the Seven-Mile. He never definitely made a home in CanterburyDuncan Malcolm Mclntosh, Chiei Postmaster at Greymouth, • said. that'a man named Robert George Frederick BJake was employed on the telegraph linesmen’'s staff. He was transferred to Westport on March 15, 1925. He left Westport on June 25, 1925, for Rangiora, where he had been employed since. Leslie William • Louisson, Registrar of Pensioris at Hokitika, said that Matthew Cain, of Kanieri, was a pensioner. He drew his pension from

April to November, 1925, at Blenheim. Witness took it that the pension was drawn personally, as .no warrant had been issued. Frederick Alexander Thorpe, of Woodstock, was also a pensioner. In December, 1924, he drew the pension at Hokitika. From January to March, 1925, he drew the pension at Birkenhead, ; near Auckland ; from April to September, 19?5, at Dar. gaville; in October, 1925, at Hokitika , and since then, at Hokitika. Pensioner returned to Hokitika sometime in October, stating to witness then that he had lost his pension papers. These had since been found. . William Henry Shannahan, plumber, Hokitika, said he knew* Caldwell and his wife. Caldwell worked for witness. He. left. Hokitika about the end of March, 1925. He could not say whether Mrs, Cald-

well left at the same time. Tie had never seen Caldwell at. Hokitika since.. Allan Baker, accountant, Bank of New Zealand, said that he/ knew Francis E. Coote, bank manager. He left Greymouth on Jithe 24, 1925, for Wellington, as relieving manager, and had not since returned to Greymouth. Coote was at Greymouth for ten months. After a month at Wellington, he went to Kaikoura; remaining there for a montji. He then went to Dunedin.. He,was. stationed permanently at Grefmputli as. manager for ten months. Vr-'iica postmist. v e“s ft C ‘4:i"'crri, id Hi.-H. s'/ir I

out old-age pensions, diaries Cowie, of Stafford; bushman, was a pensioner. He had lived at Gojdsborough, three miles from Stafford, about a year and 11 months. He left about May, 1925, but his pension was paid at Stafford until September 21, being drawn by his -sister. WitiidSS did not .. know where he went to. ■ • . Mr Murdoch objected.to postal busirfess being divulged. It was the first time he had seen such a thing done. Witness said the pension had been trdnfcfetrdd itt September to Paron gahau. ' Alexander Douglas McGavock, Conservator of Forests, Hokitika, said that Vivian ,T. Fail, a surveyor, Jwas employed by the Department on Januafy 29, 1925, and left Hokitika on May 14, 1925, going to Tapanui, Otago. .He had not been in Westland since. His work as a surveyor kept him moving about the country. William Frederick Hay was also employed by the Department as a nurseryman, at Woodstock. He arrived at Hokitika on January 5,. 1924, and left on May 26, 1925, going to Hanmer. Hfe was not in the service now, leaving it a month after going to Hanmer.

an; absentee voter. Charles John ’ Harcourt, farmer, s.aid he'voted aS an absentee at Athol, lie sold his farm on the Christchurch Road. He’was the only member of the family residing there. He stayed on the Coast for 12 months after selling his farm. He left about the end. of June, and went to Athol, Southland, where his mother and brother lived. He resided there until about the middle of January, 1926, He still had land and timber on the Coast, at Kawhalia. He did- not register in Southland. To Mr. Murdoch: He left the Coast because his mother sent for him. His father died about four years 'ago and left the land and timber. He sold the land as ori’eof the beneficiaries in. the estate. His share in the timber was valued about £l5OO, arid he retained the. cutting rights for twelve years. That was, apart from the land he still held atiKawhaka, in Westland. When he left .'the Coast he intended to stay away not more than'two months. When he got to Athol he stayed longer at the request of his mother, who was not in good health. That was his only reason for staying. He did'not return to the Coast for the purposes of the. election case. He returned at th£ end of January in connection with his timber. He left his riiotor car at Otira when he left the Coast, and his working clothes at Teremakau. He had a banking account at Hokitika, and it was still open. To Air. Joyce: He came back to the Coast to self, the timber. It might take him years to do it, as he might have to cut it himself. . Mr. Yde had the car at Otira, with whom witness was now living. It originally belonged to Yde. The .latter bought witness’s farm. John Fox, storenun, Hokitika, said that Coral Elizabeth Alary Fox was his daughter. . She went to the Christchurch Training College as a student two years ago, but returned home for holidays. She left Hokitika about February, 1925. She was now living at.home in Hokitika, and had been there since November. William Henry Gaulter, yardman, Kahikatea, Westland, said Iris family lived at Cobden, in the Buller electorate. He was at Kahikatea six days in the week, and spent the week-end at Cobden. He had been working at Kahikatea about five years, and had been oh the Westland roll for 25 or 26 years. To Air. Hannan: The house at. Gobden belonged to his wife. His sori also worked in Westland. Witness was 64 of age and had been in Westland close on 30 years. He had’ never been on any other roll but Westland since 1906.

' Jas Alexander Chesney, Chief Clerk, Lands and Survey Department. Hokitika, said that Cedric Emil Heinz was employed by the Department. ’He left on February 9, 1925, for Christchurch, and had been there since, so far as witness knew. He Was transferred from Hokitika at the beginning . of February. 1925. Mr. Murdoch: “You only know what you have been told. Do you know of your own knowledge that he has been at Christchurch since?”—“No.”

To Mr. Joyce: He had received a letter bearing Heinz’s signature from Christchurch a few weeks ago. Mary Ann Hopkins, widow, Kilgour Road, Greyinouth, said she voted at Karori, Wellington, as an absentee voter. She went to Wellington on June 4 from Greymouth, and returned in • January. She was travelling about during that period, but was at Wellington until about the- end of June, returning there at the beginning of October. She visited Napier and Wanganui in the interim. She was holi-day-making, and always intended to return to Greymouth. Regarding several challenged votes, Mr Joyce called no evidence, and Mr Murdoch said he was prepared to, admit illegality regarding them. Mr Joyce objected to a mere admiss. ion,, maintaining that the other side must 'call proof. • Mr Justice Stringer made a note of the objections, stating they would be dealt with later.

Henry Leslie Michel, junior,, clerk, Hokitika, said that he knew James Duncan Murdoch, a medical student, who had been in Dunedin four or five years. Murdoch came to his home at Hokitika, about a sontji every year on vacation.

Mr Murdoch (the father of James Duncan Murdoch): “I think I know ' a little about him !” (Laughter). He said that his son was never away from home for three months at a time. , William Edward Phillips, whose deafness caused a little difficulty, said he was a boardinghouse-keeper. Frank ! Guy Newcombe boarded with him until August 1, 1925. He was working at Stratford Blair’s mil,!. Mr Joyce admitted that Newcombe was not entitled to vote. Edward Sydney Austin, hotelkeeper, said he knew William Edward and Doris Kathjqen Rennison. They left Greymouth about July 14, and went to Wellington. They had not returned to Greymouth. To Mr Hannan: Witness saw Rennison lit Wellington about Septenu her 8. He was then living in Hargreave Stretet, Wellin(gtk>n, aaid vlent from there to Stoke, Nelson, about Septem- , her 25 or 26, taking a hotel there. To Mr Joyce: He met Rennison’s sister-in-law, who told . him Rennison had gone to Nelson. James Denis McCleary, Hokitika, , said he knew Francis Dorothy Rolfes - who was employed as a sister at the Mental Hospital. She left on June 13, 1925, and went to Seacliff, being permanently transferred.

To Mr Murdoch : He did not know, of his own knowledge, that she went to Seadliff.

“It is only hearsay, your Honors,” -said Mr Murdpch._ William Ballance Rowan, , storekeeper. Woolston, Christchurch, said he was registered on the Westland roll, Gladys Ethel Rowan also registered was his wife. They left Ruatapii on June 1, 1925. His wife-did not go then- They commenced business.;, at Christchurch on August - 10. He, Jived at Lihwobd his people and his wife, at SpreydonTvith her people nripr to their going into the More at-Woolfe-ton. He thought; Linwood Wns in the

Avon electorate and Woolston was in Lyttelton electorate. He believed Spreydon waS in . the Soijith Christchurch electorate. . ' NQTHING “CROOKED. ” ,; . Benjamin R. Sword, - Neiy ; ZealandRailways, residing’; at Ri'ccarton, said lie first went to Christchurch'on. April--11, but took his family on April 27. He took up permanent residence there on April 30. Until August 5 he resided at St.. Albans,, and since, at Riccarton. He was at St. .Albans only a few days more than three months. .He negotiat- . ed for the Riccarton residence before the three months at St.” Albans exptired, and it was therefore not worth while registering in St. Albans. - Mr J-oyce said that Sword was quahfied to enrol at St. Albans. _ Witness said that his wife, Janet Sword, was in the same position as himself. ... . - To Mr Justice Stringer : -He made up his mind to leave St. Albans three weeks before he left there. He wrote to the Registrar of Electors at Hokitika, and asked his He was advised that he was right in retaining liis franchise in Westland. “You had an'idea that it was crooked,” asked Air Joyce. j “Nd,” said witness, “that is where ybu are wrong. I only wanted to secure information.” . “I don’t think the word crooked is the correct one fo use in the cirepmstancefi;” remarked .Mr Justice St JohT’ : Tindall, roadman, Public W’drks Department, residing at Punakaiki, in the Buller district, said he had been employed in that district for the past three years. He lived m a tent, but his'home was at Greymouth. , “I think your daughter keeps house for • you in that ,tent?’- asked Mr “Never in your ness, amidst laughter. He added that his daughter went out there occasion-, ally. He came to Greymouth . for stores once a month, when, he lived with his parents. He was sometames in town for a week, on departmental bl T“ e Mr Hannan: He was a Jormnan and was sent all over the dlstncfby the Department. His permanent home had been with his parents for the past 10 TdAir Joyce: He had neve Y’ the past three years, g job away from the PunaKai i •. He had a grown-up family, non , whom resided at Punakaiki.

WOMEN VOTERS Katherine Ladra Braidwood, Matron of' the Greymouth Hospital, said she knew Ella Frances Turner, who was a nurse at Greymouth until the end of May, 1925. Witness believed she then went to Christchurch, but did not know when she actually left the hospital. Mr. Joyce admitted that the evidence was insufficient, and the Court agreed. Mr. Justice Stringer said that definite proof was necessary to disfranchise an elector. Mary. Uren, Cowper Street, Greymouth, said she went to Rewanui, in the Buller electorate, the day after she registered, on August 6. She was still there. She resided at Greymouth for three weeks before August 6; and prior to that lived at Runanga, in Buller, about four months. Prior to that she; lived at Greymouth for two years. She had been three weeks at. Greymouth when she applied for registration. To Mr. Justice Ostler: She'went to Runanga .to work as a' domestic. Oreti Estelle Walmsley said that she enrolled as a spinster at the Greymouth Hospital, where she was on the nursing staff. She received leave of absence on May 19, 1925, for three months. She went to her home at Cheviot, where she remained, six and a-half months, receiving extended leave owing to her mother’s Illness. She returned to the hospital on December 8. “By whom was the leave extended?” asked Mr. Joyce. “We are not concerned with that,” said Mr. Justice Stringer. “You can’t cross-examine your own witness, Mr. Joyce.” “Do you want to get the girl sacked?” asked Mr. Murdoch. Witness said that after being away four months, she had to wait for a vacancy. Mr. Joyce submitted that Miss Walmsley had been away from the district for more than the statutory period. “We will consider it,” said Mr. Justice Stringer. Barbara C. Wilson, South Beach, said that her husband lived at Loburn Ferry, Central Otago. He was engaged in boring on dredge work. He left the Coast about the end of 1924, but she could riot say what month. He had been home several times since, *once for about a fortnight last October; and prior to that in February, for about two .months. He had not been home since October. The children were living with witness. Her husband owned land on the Coast, and regarded it as his home. Her husband had been dredgemaster and borer in different parts, mostly on the Coast. He was working for a syndicate in Otago, and had a permanent position. To Mr. Hannan: He usually returned home for the winter, but did not do so last winter, as the weather was so mild.

In the case of Margaret Ann Booth, Mr. Joyce said he had no evidence. - Mr. Murdoch had also nothing to say. “A doubtful quantity, I suppose!” remarked Mr. Justice Stringer. John Boyd, electrician, Greymouth, said he had known John Patrick Fleming, labourer, Hokitika, since July 26, 1925, when he arrived from Timaru with sheep. Fleming’s wife came about a month later. Fleming left before Christmas. Charles Mills, had been previously on the Coast. He arrived about July 19 or 20, and was still on the Coast.

To Mr. Murdoch: The sheep were taken to Arahura, in Westland. Lake Kanieri was also in Westland, but a river flowed between the two places. Witness was at the farm about July 28. He did not know that the Flemings had made a declaration that they had been in the Westland electorate for three months before July. He did not think the Flemings would swear to a lie. He did not know where they were before he niet them. They remained on the Coast constantly until December. He remembered a Court case at Hokitika over timber-cutting on the farm, but he was not concerned in the case. Mr. Joyce called no - evidence regarding James Alexander Neilson, who was in the North .Island and could not be located.

Mr. Murdoch said that he had Neilson marked as not having voted. It was peculiar that he had been challenged by both parties. (Proceeding). — i i.i i«9