ELECTION PETITION

Greymouth Evening Star, 9 March 1926, Page 2

ELECTION PETITION

THE WESTLAND SEAT. VOLUMINOUS EVIDENCE. > //Unique in the annals of politics on the, Vest Coast,, the sitting of the Electoral Court, comprising Mr Justicb ■ Stiffilgfei? arid Mr Justice Ostler, attracted crowds to , the Courthouse bit day . yesterday, when 1 the hearing or.Mr " J.’ O’Brien’s petition, praying that he'be declared member for Westland,/dr, alternatively, that the election 'bri“ dSclatefl void J -wits coriimenced. Over thirty witnesses gave evidence before the Court adjourned shortly after 5 phri.j and the petitioner's case had riot I :then concluded. •' Mr :W'i <1: Joyce appeared for Mr O’Brien, while Mr J. Mufcdqch, 1 * with' - him Mr JA W. Haiinarij represented the respondent, Mr T.-;E. YtiSedildii; ' • ' ■ Petitioner’s objections were as fol-

lowi’.-^„ ■••.. (a) That ihe Hanie§‘of some persons ’ were illegally registered or illegally ■ . retained dir the electoral rbll. ■’' /’ (U) That the- natives ! Bf .a number of *> pitons wbto/illegally’ registered or . < literally retained iipon trie, roll. ; ‘' ; (cj That a nunibetiOf, votes validly recdrded outside the Electoral? District' were not allowed by ’the Return - . ing (Officer not taken'into ai> : ' cJurit at the electidni' - " -s 1 ' - /(d) Thafc somQ .voters received their ballbt patters arid tedorded, <tneir vote outs&de and not within ‘ the polling booths. ‘ K ' ■_ ■/ (e) That a number of Voters ferititled to Vote liferil ' hot . permitted to 'dp so and jwere? tpfujsed' papers. ( (f) That 4 of valid votes received for. the petitioner* were declared ahd£ counted as ipfornjal''by the Re-, turnings'bfflCSr.' - '•( (gj‘That a number of declarations by ybters, validly made.jwere disallowed by the ( Returning ' Officet apd their . vqtei were ’disallowed. , ‘ . v. (j) ; That a niimber of baldt papers on, iffiicii ’V.bte'te recorded their votes marked /or written ,on so that the Ideritity/ of the voters cbtild be ascertained apd such votes were allowdtl. ’• ■ ■ (■■ - (r)i That vpters’ entitled to yote only recorded 'their votos at two or mote booths. ;' '", ■■ ' ■ • , • > .. j)?That. a number of . ballot papers issued had not come into the hands ' of ttytl' RBtififfiiiig Officer it the tinie when or before the declaration of the poll ', was made. ' (k) : THM ; 'd:'number of votes were allowed by the Returning 'Officer have been declared informal?' . (1) That (the secrecy Of the ballot •was noF’maintairied. . ‘ . That allowed to . Mr Seddon byjrthe Returning Officer which ;Wetie not tecdrded. s r . (n) Tfiat’ b‘al)ot papers 'used at the election Sand (bn wjtich votes had been recorded- .write' ■ held at' tile polling booths by. the Deputy Registrar for an , unne-rissaniy lengthy period before be ing transmitted to the Returning Officer. ’ -;-'y , ' .The followin' 4 was the evidence taken yesterday’(af.tel* the “Star” went to .press:-- •' ' :J ~ /Harry Feary, who voted at Rotomanu,’ said his wife resided at Woolstori, She; had, lived there for. the past two (years, but'he had been living at Botomanu, on his farm. His wife was ; looking after her parents at Woolston. .■ Mr. Joyce admitted that he could hot/substantiate the allegations of irregularity in this cate. ‘ Alexander Fleming said that Ruby Jane Fleming; ofKokatahi, was-his daughter./ She was now : at Geraldine, Canterbury. She/drift Hokitika ih April, 1925, and went to Christchurch for a '-week or two. i She /rbturned to Hokitika dor a indnth or two and went' back to Christchurch for ■ a week or a; fortnight, .-.thence io, Geraldine, where she was “workihgahd holidaying.” He did fibh'khW tlm exact date she last left Hokitika, ; btit it would be a month or six weeks after April. To Mr Murdoch:.lt was somewhere about the middle of April. On the return, of Mr Ford, of the Rfrnu dredge, from New York, she resumed her position with him: It, niight have been after. July 1 thit she left the Fords to go to Christchurch. t , •' “That puts her beyond t|ie date, your said’,,Mr Murdoch;,; y Edward AViiliam Kaiie,. Clerk of the House-bf /Representatives; Wellington, .citslody of the mils .and papers’?inbcorihectibn ’ wit’ll the' Westland election, said he had them ready .. for. production, ’fhey were undec seal, as .-tecbived. from the J.teturning Officer. /■;■.'•■'.■'REGlS.TRAk’S' EVIDENCE. X Henry George Frederick .Coles, Registrirr';of .Ejectors anti Returning pincer. fbrMVestiand, ■ produced. various application cardt for registration giving the dates and places of the declarations; teh. Fames of those who attested ■ them',/and' the dates they-/ were receivekl. by/Witness. He also produced . ■ ■ the. roll , iised'/for the scrutiny, which Mr Murdoch/agreed to admit as evilt was also admitted that the cliallbijged votes had been registered. . MF Coles said that a . number of absentee’ votes , were on various grotmds, including incomplete declarations. (iFFhswer to the Court, Mr Joyce ' agid/M ,coUld not specify all the votes alleged had been wrongfully the.'Returning Officer. He such absentee, votes. . . this;,isfa'.shotdn theHark!’’ said/.'M'r' , the four votes vij«« $1 jsilibwed- on various grounds-Thb-Feasphs wfere’given bn the papers. ' ■ They /Wie're rejected because witness, as Electors, wiis hot satis-' fted-as.’.to(the identity of the voters. THje-total of informal votes was 124. hbt" sWeaf that of Jphhr/Cparles Lawry was one of these. If^sQ,Vit-' would be in its proper place in-the. records, with the reasbn for its shown; upon ‘ it/ \ Mr. Coles, referring! to'a; number/Of votes, from the./Buller\du>trict, explained that by so.me (means the votes (six) reached the Jt^£(irhing’Officer Ft(Builer., The six votes?.'were . knpWn as “the Buller yotesy,” 'because/ they were sent to ' B^fifcrtihsteM'.of Westland. No declaratibps .were sent, with nor cbuld'.Apy, be.'traced. This was the firstiifjftptibii at' which the new system pf/abtehtee: -votes had been tried out. ' had, in many cases been V^stted//and'there was. a probability thah> the ( declarations had not been sent with the‘votes.? . t . ''.Mr * Justice Stringer: ‘ ‘That should be :’’:.p^sihTe'.' to .. prove ■ by calling eleptbrs-•• . ■ : Mr. Joyce , said .that .there was no indication" as to where the votes were re-cordid-V’f'.:/ '• •

His - “We don’t know that they/w^ie/■voters'.' ; You ask us to asiwimo?sftfcAy/7 ’.••_■• Mr Joyce-said that the fact of six / votes Wing refused on such a ground / ; ; Mb-:-;--. ” ti»« six , - •• I : - Me”th 4.1.0 votv •' Tn jr/er fo ?>' Justice OdPr, Mr

Coles said that he did not receive telegrams showing by whoih, 'and where, the votes were recorded; neither did the Returning Officer at Buller. „ To Mr Joyce: It was known* that they-were Westland votes by the name of the electorate being written on/them. He did hot look at the names of the candidates. - Mr Justice Ostler said that the regulations did not provide for; the writing of the name of, the electorate, but the; names of the candidates. Mr Coles explained the procedure to thbir Honors, adding that lie received neither tqe necessary! declarations, nor the telegrams. • . To Mr Joyce: He took the two scrutineers and a Justice of the Peace with him to open the Six votes. He found they -had already been opened. He examined them " for consfeclltiye numbers. One was, from Christchurch East, one N'elson, one Riccai-. ton, one Kaiapbi, phe Wallace, and one. without a booth stamp. “In that case,.you could have found pdi Svho 1 ‘the 1 votes’ were;’ said «Mr Justice Ostler to Mr Joyce.; ■ The latter contended, that it was equally the duty of the Returning Officer, but his Honor said that the Returning Officer’s duty was merely tb count the votes. Mr Joyce said' that in any _case it would have been impossible to 1 find out- where the declarations had gone. Something evidehtly'ivent wrdhg with' Ihb in.achinery of the. Electoral De- '. pdrtment. Mr Coles said he thought twb;votes intended for Buller came to Westland.’ ', ' WMh reference tc fhe /allegation thdt Votes were 'allowed' to beddon wh’ch wbre not recorded in accordance with Section 13 o'f the Legislature Act, Mr Joyce said that he cbuld riot give particulars. - t ' “Then how are 'wb to reply to the - charged” .asked Mr Murdoch. Mr Hannan said that each side had a scrutineer at the rccourit, and the riames'-of all voters who were object- '•/. cd .to should have beeh g.ven., Mr Justice Stringer (to Mr Joyce): “We are not prepared to accept a roving comriiission to find out which votes were allowed to Mr Seddoh;’ “Will yoifr Honors make an order to specify them?”' asked Mr Joyce. . If that were done, he would have to interview the scrutineer. ’ . /. ’ . “At this stage!” said Mr Murdoch. “I certainly object tc' that.” The regulations, he said, provided that a full list should be submitted to the Registrar six days before the hearing of the case. . .After .consulting with Mr O’Brien, Mr Joyce asked leave to withdraw the allegation regarding unrecorded vote’s allowed to Mr- Seddon. Mr .Murdoch maintained that the allegation in connection with the nori-arrival of the “Buller votes” / should also be withdrawn. The other side should have brought definite evidence on the point. . Thebe was no • proof that the votes were valid; The . allegation .'that a number of ' votes were allowed to Mr Seddon, which should have been declared informal, was purely a “blank cartridge.

r Mr Justice Stringer, pointed out that the latter allegation would involve an inspection 6f every vote given to Mr Seddon. Mr Joyce submitted that it was /impossible, to give the names cif voters, as that would destroy the secrecy of the ballot. His Honor held that a mere allegation of informal votes being allowed, -.was not sufficient. If the Court ordered a recount, the question of formal or informal votes would have to be considered/ ' It was decided to leave the point meanwhile. “TOO IRISH.”' Mr Coles,) continuing his evidence, said that one or two votes were disallowed on the ground of identity. He could .not say whether one was initialled 1 A.J.D.” The pressure in the booth was too strong to allow detailed inspection. There was a vQter on the roll named Alice J ane Bibby Dunn, who voted at the Blue Spur booth. Another voter was George Hodgson Harcourt, of Humphries; bushman, who voted at llumphnes Public School booth. , .To Mr Murdoch : There was not the slightest suggestion of the identity of, a voter whose paper was inscribed “Too Irish.” -■ The ballot papers were Handled only by the Deputy Returning Officer am? witness. Being marked, he would exhibit it to the scrutineers by holding it before them. They would not handle the.paper, which would be held up momentarily. As the words “Too Irish” did not contravene tlie Act, he would allow the. vote; the same with the initialled voting paper, which wohid also be allowed.

Mr Murdoch, replying in regard to four absentee votes, which were disallowed, elicited that Mary Ann Ryan’s declaration was signed with her surname only, which was the voter’s fault; Sarah Catherine Wallace made an incomplete declaration. William Henry Hansen, clerk, Greymouth, said he knew Florence Christiana Cheverton, who resided in Palmerston Street with witness’s brother-in-law.. . She left for Barry town for a holiday and to Dunedin to see a doctor. She remained at the latter place five weeks, and had been at Greymouth the rest of the time. ' Jeremiah McCarthy, senior, called by Mr. Joyce, said, he was an old age pensioner, residing at the Old People’s Home. . He left Stillwater about four month® ago. . He went to Stillwater from Westport, and resided at the former place 16 months, with his son. He came to Greymouth three or four '■ months ago. He did not make an application from Stillwater (in the Buller electorate) for registration in the Buller' electorate; he made an application for enrolment in the Westland electorate. He was not on the Buller roll at the time of the election. “Jeremiah McCarthy is not 1 altogether an unusual name on the West Coast, is it?’’ naively enquired Mr. Justice Stringer. A copy of the Buller roll, produced by Mr. Joyce, showed the name of Jeremiah McCarthy, pensioner. •Witness said that when he was living at Stillwater, he signed what he thought was an application for enrolment on the Westland roll. To Mr, -.Murdoch : His home was on the Stillwater side of the Arnold River. “ ) . Mr. Murdoch said that one side of the Arnold was in Westland. Mr. Justice Ostler: “Apparently there are bits of Stillwater on both sides of the river!” . . Mr. Joyce recalled Mr. Coles, who said that the Arnold River was the . electoral boundary. He should say that McCarthy’s residence was in Buller. . Constable John Rogers, of Brunner, gave evidence to the effect that Me. Carl by resided at Stillwater for about 12 months, in the Buller electorate. He could not say when McCarthy left r -Stillwater. ; Maurice James Thompson, secretary, .Grev Hospjtal Board, produced McCarthy’s admission card, showing that wn<-,, 'irlinifted to the 'Old People" ’ Pt : ,Ewater. IL- ’6'l Ice’. l a Itos-p!!-••• I

patient in 1924, but witness could not give dates: Edward Henry, electrical engineer,. said that Agnes Henry was his wife, and Robert Henry his son. Witness was at Christchurch lintil ■ June 9, 1925. whbri he camo to Greyffiouth. His wife and son came ten days later. They had resided at Greymouth since, and were enrolled on August 9. _ AVilliani David Murray said he arid liis.Avife, Mary Watson Murray, came t<y Grey mouth, front Cobden on June 20. They .had not previously resided in Westland. They were enrolled on July 15. . • ... John Charles Lowry said he applied* for registration on Feb. !3p, 1925, and received an acknowledgrttent. He voted under a declaration at Iricli-, honrrie YWestlandY. He was told that

his name was not on the roll; but found later that it had been spelt wrongly, as Lawry. To Mr. Murdoch: The name on his application card (produced) was spelt Lowry. ' *'■. Mr. Coles stated that he could read the name either way, as written on the card. '• Witness said that the acknowledg--ment he received was addressed to him. as “Lowry.” He did not previously produce the acknowledgment because lie mislaid it. He applied for regis-

tration'at Moana in February, He had been there for live or six years ; his home was there. For the past' two years he had been working on the railways. ' He was not blaming anyone for the loss of his vote, but maintained he was entitled to Iris vote, as the Returning Officer told him he was not on the roll. He could..not see a roll at Moana. “The ordinary elector does not carry d copy of the roll in his pocket when he goes to vote!”.interjected Mr. Justice Ostler. (Laughter.) ’. With regard to the cases in which he decided to call no evidence, arid in. iVluch the allegations were admitted by Mr. Murdoch. Mr. Joyce maintained that if the other side were allowed to admit the allegations of the plaintiffs. the rights of the third party, the elector, would be •affected. The present proceedings were . different from those in an ordinary pivil case. Jf admis sions were allowed it might lead to collusion between the candidates. Mr. Murdoch stated that the voter Was hot present in many cases to give evidence! Mr. Justice Stringer said that the Case should not be treated merely as A contest betweoxi two .men, with a seat in Parliament as the prize. The public was also interested. An ad : mission by Mr. Murdoch was not adequate, but he would be allowed to' prove his case by calling evidence, after transferring the names of the voters in question to.his list. It was agreed to transfer' three ■- names. '

Both parties agreed to allow the vote of Henry Samuel Holmes, a blind, ihan. Mr. Hannan stated that Holmes voted at Reefton as an absentee. There was no provision made for a vote to be registered by an absentee who was blind. This closed the petitioner’s case, with the exception of several witnesses not present, and the Court adjourned at 5.30 p.m. TO-DAY’S PROCEEDINGS/ CASE FOR RESPONDENT 7 . The Court resuriied at 10 a.m., today, there being again a large attendance of witnesses and the general public. The calling of evidence for the petitioner was continued by Mr Joyce. - He said that two .of tlie’witnesses, Donald and Elizabeth Fraser, could riot reach Greymouth in time. He did not intend, to call the evidence of three others, Godfrey Henry and Ethel Lena Russell, and Ernest Fell. / James O’Regan, farmer, Inangahua Valley, who was Deputy-Returning Officer at the Landing booth, Buller, said that Harold Maxwell Parker went there, He claimed to be on the Westland roll and asked for a voting paper. Witness "had only ten absent voters’ forms, and at 5-30 p.m.. when Parker, arrived, they were exhausted. He explained the position to Parker, and told him he was unable to give , Him a vote. He advised Parker to try a booth four miles further on, but so far as witness knew, Parker did not do

“How can you tell” asked Mr Justice Stringer. “You were not there.” . Harold Maxwell Parker, bushman, said his name was on the Westland roll. He went to the Landing boqth about 5.30 p.m.. but O’Regan wld him there'were no absentee forms left. Witness did not vote anywhere else. To Mr Hannan: O’Regan advised him to try -another booth, but he did not do so. He had then been working at the Landing about a fortnight, and prior to that had been in the Westland district; near Hokitika and at Ahaura. H. G. F. Coles, Returning Officer for Westland, said that Parker did not vote at the election. In reply to Mr Murdoch, Mr Coles produced the sheet of absentee voters kept by the Deputy Returning Officer, in ordSr to' show that the names of absent “Buller” voters could have been secured from it by Mr Joyce, on application to the Clerk of the House of Representatives. Mr Joyce maintained that an order from the Court would have been necessary before the papers could have been inspected. Alexander Graham, Henry Hassall, and Maud Graham were not present, and Mr Joyce abandoned them as witnesses. In one case, Mr Joyce said that delay in forwarding ballot papers by a Deputy Returning Officer might have laid them open to be tampered with. The Court was of opinion that somo- . thing more definite was necessary. Cyril O’Neill, Greymouth, said he was scrutineer for O’Brien at the Kahikatea booth. No votes were declared informal. COURT’S RULING. In opening the case for the respondent, Mr Hannan asked for a ruling in regard to Mathew Cain. The only evidence was that he went' to Blenheim. Under the 1924 Act a man jnight be away, for 12 months or two years. “We are satisfied that it is not sufficient merely io prove that a man went away,” said Mr Justice Stringer. . “It must be proved that he qualified elsewhere.” Mr f Hannan, referring) ‘to jthe Sword’s case, said he had no further evidence to call concerning them. It was admitted that Mrs Uren was riot qualified. There was no further evidence concerning Jeremiah McCarthy. He contended'that’so long as a person was qualified,' he was entitled to vote. With regard to the marked papers “Too Irish” and “A.J.D.,” he maintained there was nothing to prove identity. Dealing with the name, transferred from the petitioner’s list, .Mr Hannan called Maurice Janies Thompson, secretary of the Grey Hospital Board, who said that Ellen Gamble left the Board’s service on April 30. She resigned because Mr Joyce objected to the reason be--ins given. '"ti ,*«, Tx-t very important, said Mr Ih’imim ' V

• ' ' .• ’ ' ; 'iV -’ "- * Eileeri Olli ver, formerly a nurse at the Hospital, said' Miss Gamble left t the Hospital arid "went home to /Stillwater to her parents.. She left the hospital at the end M April, and left Stillwater on September I’6’, going to Wellington. ‘ ... To Mr Joyce: Witness visited Miss Gamble jat -Stillwater nearly every week. Witness was living .at Grey mouth . all the time. Miss Gariible did not reside With her sister (Mrs Rear) at Greymouth. She never stayed there at riight. Miss ''Gamble /stayed at -Witnesd’s home overnight occasionally. Edward Gamble said his sister went to his mother’s home at Stillwater about the end of April, and remained there until about September.- Stillwater was. in the Buller

electorate. To Mr Joyce: His sister oiten stayed with Mrs Rear at Grey mouth, perhaps a night at a . time. Hjs sister was looking for a new position at the time. x Mr w Murdoch '.called Mrs Phillips, formerly Miss Constance Huxford. “Is this one you have adopted?” asked’ Mr Justice Stringer. —“Yes.” Mrs Phillips said she was on the Westland roll. , She applied for registration on March 5, 1925, it was witnessed by Mr Coles. She

lived at Hokitika until April 25, 1925, and then removed •to Burnett's Face, near Westport, where she resided with her husband. They resided at Burnett’s Face until a week ago. They intended to Yteside at Burnett’s . Face when they left Hokitika, and stayed there until the end of February, 1926. Her husband was a miner. She. voted at. the Miners’ Hall, Burnett’s Face, as an absentee for the Westland electorate. . Alfred Abraham Phillips said he was also on the Westland roll, and corroborated his wife’s, evidence. They established a home at Burnett/s Face and decided to settle there. Txiey also applied for registration in the Buller electorate. He voted as an absentee for Westland. He received no reply to his application for Buller,, and had made no enquiries since the election. Th,ey resided at Burnett’s Face until . February, 1926, When they returned to Greymouth. He intended to return to Hokitika, where he had secured a position. He had remained at- Greymouth pending the election petition being heard. “You say you. had a home at Burnett’s Face?” said Mr Joyce. — “Yes.” “You were lucky, were you not?” In answer''to Mr Justice Ostler, witness said that he applied for registration at Buller on May 2, 1925. /“You would not be qualified then,” said his Honor. Mi- Brannan 'contended, that the

Court was bound by the .Returning Officer’s ruling on-informal votes, unless sufficient evidence was brought against it. Mr Joyce said that the only way the papers could be inspected was for the Court to. order a scrutiny. Mr Justice Stringer ruled that further evidence should be called by Mr Hanrian. z MARRIAGE DISQUALIFIES. Mr. Coles, recalled for that purpose/ said that Isabella Brown voted as an absentee; but he did not- know the booth. The vote was disqualified because it was impossible to compare the signature, other papers being missing. Mary Ann Ryan’s application contained the surname only, and a full comparison was, therefore, not possible. A banker would not pay out on a cheque signed . in that way. , Sarah Caroline Wallace’s vote was disqualified because she was bn the roll in her maiden name, and there was delay by her in notifying her married name. The particulars were received from her too late. The onus was on the elected’. “It seems rather hard that marriage should disqualify an elector,” remarked Mr. Justice Ostler, “during, herabsence from the district.” Mr. Coles said that notice of marriage was given on October 16, the day after the roll closed. The forin notifying the elector and asking . whether thejnarriage had. taken place-was posted three days later. Writing in- November, the elector said she had mislaid the form. If the form had been returned in time, the vote would have been allowed. He would certainly strain the law. in favour of a voter if possible, but had also to protect himself.

Mr. Justice Stringer said that the voter could have made a declaration before/leaving Westland on her honeymoon, and could then have voted. She had not been disfranchised, as alleged by Mr. Joyce. Mr. Coles (to Mr. Joyce) : Every absent vote allowed was, in his opinion, and according to the Statute, valid. “That is a question of interpretation,’’ replied Mr. Joyce. “That is what their Honors are here for.” Mr. Coles, at the request of Mr. Hannan, produced the declarations in the previous three cases. The first witness for respondent, Robert James Cockerill, motor driver, Rutherglen, said he went to Rutherglen (Westland) early in August, 10th or 12th, 1925. Prior to that time he lived at Gladstone Siding.

Mr. Joyce objected to the “leading” of witnesses by Mr. Hannan. Mr. Justice Stringer: “It is just as well not to ‘lead’ them too much.” Witness said his wife was at Waiuta, in Buller. He left there in January, 1925, to commence a ’fruit business atGladstone Siding, in Westland. He did not actually transfer his home to Westland until the end of July or early in August. He considered he had a home at Gladstone, as he stayed with his brother-in-law about four nights a, week. He stayed the other three nights at Waiuta, on an average. His wife’s name remained on the Buller roll. She was ah infinite oi the Greymouth Hospital, and did not vote.

No evidence was called regarding John Wade, bushman, Kotuku. Tai Collins, dredge labourer, Dunganviile, Westland, said he went to work there on July 16, 1925, from Picton. That was the first time he had been in Westland, having been at Picton 22 years. To Mr. Joyce: He came to Greymoulh on May 10, .and resided at the Union Hotel. He commenced work at Dobson on June 1. He resided at the Union Hotel from May 10 until he went to Dunganville. His wife. Kitty Collins, came to the Coast with him from Picton, and lived with him all the time. Donald Forbes, labourer, Dunganville, said he came to Westland on Ahzac Day, April 25, 1925, from Lake Coleridge, and had lived in Westland since. Mr. Justice Ostler: “Abandoned, I suppose ?” “Yes,” said Mr. Hannan. . Arthur John Evans, locomotive foreman, Greymouth, said that Francis ‘William Foster, a fireman, came to Greyinputh on July 14, 1925, from Blackball, in the Buller district. He had been at Blackball for a number of years. His wife, Eden May. Eoster. came to Greymouth with him. “He just gets it by a day,” said Mr. Justice Stringer/ F.f.plyi"'’ Mi Jeyr", witniws G-iid •

he did not know that Foster arrived j at.'Greymouth on‘July 13. 9 Alice? Jeffcott : and Dowthed Jeffcott, I of Ruatapu,.were ‘-abandoned’ . by Ml' | Hannan. I Edward Austonj hotelkeeper; Grfey- I mouth, said he first came to Grey-’I mouth on July 2or 3, 1925. Emily ■ Reed, Olive Reed and Florence Rich- j ards worked at the. Gilmer Hotel. They ■ arrived at Greymouth on July 10 from I AVtinganiii. None of them had pre- I viously been in the South Inland. They I remained at the Gilmbr Hotel until I September 1, when witness sold out. I Emily Reed returned to Wellington on | September 6., The other two went to B the Seven Mile Hotel in the Buller | district on September 3. They left I for Nelson six weeks later. I To Mr. Joyce: He had known the fl girls for the past ten years, and had | worked with them at a Wanganui I Hotel about three years ago. He I knew they .had not been in the South’ I Island; they told hint so. “That is only hearsay,” said Mr. Joyce. Arthur Hibbs, mill manager, Camerons, said that George Augustus Walter Ryan worked for him. He arrived on August 20, 1925, from Christ- I church. Ryan answered an advertise- | ment in the, “Star” for an enginedriver. He told witness he had never been on the Coast before.

To Mr. Joyce : He did not think Rya’n previously lived 'at the Royal Hotel, Greymouth. Ryan left about December 19 and went back to Christchurch. He did not know Ryan played football on the Coast in 1925. -■•. ' j ■ OPOSSUM HUNTING. Leo and Ethel Ivy Anderson, of Ross; Robert George Frederick Blake, Greymouth; were “abandoned.” No evidence was given regarding Charles Talbot Cowie, Stafford : and, Thomas Henry De Courcy, Greymouth. Anthony Joseph Ddvescovi, Central Hotel, Greymouth, painter, said he had been residing for some time at Blackball. He went there about August 3, 1925 To Mr Hannan : He would not ’swear it was his first visit to Blackball. He left Greymouth about May and went to Lake Kanieri for about two months. He returned to Greymouth and stayed a while and went to Blackball. He was not at the latter place on July 1. He could not give the exact dates, but knew it was jn August. He swore he was at Kanieri two months. To Mr Justice Ostler: He'went to Blackball trapping opossums. He stayed at the Dominion Hotel when he first went there. To Mr Hannan: It may have been a day or two before August 3, on which date he took out a license to trap opossums. . “This is his own witness,” objected Mr Joyce, when Mr Hannan , said he would call further evidence.Witness said he could not remember a mail named Mills at Kanieri.

“Will you swear you lived at the Tourist cottage, 'Kanieri?” asked Mr Hannan. —“Yes ’ Mr Hannan, remarked, that /Mills was there at the time Devescovi alleged he Was there. . He would leave it at that. James Malcolm Gray, engine driver, Greymouth, said he and hip wife lived for some time at Cobden. They went there about the beginning of-February, -1925, and lived there since-. His wife’s name was Elizabeth J ulia. He did not know Maud Thomasi.ne Gray, whose name was on the roll.

Mr Hannan was given leave to _ amend the information to read “Elizabeth Julia,” although Mr Joyce objected. William McGrath, carpenter, Otira, said he went to work at Arthur’s Pass about April 20 or 21. His home was at Otira. He was at Arthur’s Pass, off and on, until Christmas time. His wife was baching with him at Arthur’s Pass.

“Quite a comfortable way of baching!” -said Mr Justice. Stringer. (Laughter). Witness said he had a house and garage at Otira'. All. his tilings remained there except bedding. .His children spent some time at Arthur’s Pass, and some time at Greymouth. He rented two rooms from the Public Works Department at Arthur’s Pass, f ■ He was now living at Greymouth, but still had his property at Otira. He and his wife lived there after leaving Arthur’s Pass, They had lived there from about January 20 to the present time.

The Court held that the evidence did not prove that witness had permanently left Otira, and Mr Hannan abandoned the cases.

■ Sarah* Rathbun said that Constance Emily Ratlibun, her daughter, was in the employ of ! the Postal Department. She was at Greymouth for some time, but left on June 20, 1925, being ' transferred to Wellington. She remained there about ten weeks and then was transferred to New Plymouth, where she had been since, except for a holiday of two days at Greymouth in September. Mr Hannan contended that the witness had made a mistake, and /that the transfer took place in April instead of June. Mr Hannan said he wouiu make further enquiries. MAORI WITNESS. Mrs Emma Tainui, widow, Arahura Pali, said that her husband died about five years ago. She had a son, George Henry Tainui, who voted at the Maori election in November, at Arahura, the day before the European election. • She was with her son when he voted. His name was on the European roll, and she knew he voted also at the European election. Mr Joyce admitted there was no question of Tainui being a Maori. “They go right back to the first canoe,” he said. Witness said she knew Joseph Fluety, who was now ill in Lire Hokitika Hospital. He voted at Waiho. She knew his father, whose name was Robert Fluety; His mother’s name was Toish Koeti. Robert Fluety was a half , caste, and his wife was a full Maori. Fluety's father was a European, . and his mother was a full Maori.

To Mr Joyce: She had heard that Fluety’s mother was a real . Maori. Fluety originally might have come from Kaiapoi, or “down South.’’ Mrs Lilias Harcourt, Koiterangi, said that she spelt her Christian name with one “1,” and her daughter spelt hers with two. . Witness sard that by mistake she was marked on the roll as having gone to Wellington in September, 1925. Her daughter’s nam i was left on the roll. The latter went to Wellington, and her name should have been removed from the roll. Her daughter went to Wellington about three years ago, but witness had never left Westland. She went to the Koiterangi booth, but was told that her . name • was scored off the roll. Later, she voted under a declaration. It was no fault of hers that her name was taken off the roll. To Mr Joyce: She gave her . correct number .to the Returning Officer. She voted on a special form. Mr Coles gave evidence that Mrs Harcourt voted by declaration under the provisions of the 1924 Act. He disallowed the vote. The mistake

arose through Miss Harcourt, applying for registration .at WelliKgtvri. Sue was put on the Wellington roll. The Registrar at Wellington North, in advising witness of the enrolment, gave the roll number 3160, tout df •Mrs Harcourt, instead o* .3161-, tluit of Miss Harcourt. Consequently, the mother’s name was removed. Witness had not the facts before him at the time of the election. • > “It was a very natural mistake/’ said Mr Joyce. . ~ ■ i “That vote will be allowed, df course,” said-Mr Murdoch, and the Court agreed. • “J William Frederick Hay, Woodstock; Kathleen Freda Kane, 'care of Mrs Wylde, Mount Street,' ,Griefmouth; Joseph George . .Lockwood, Greymouth; Edward Drummond Matheson, Kotuku; John McDonald, Kumara; Adelaide Charlotte Mary (

McKay, Evans Creek; James David McKay, Evans Greek; James Q.’D.qriiieil, Greymouth; ..John.. Gordon U'Neill, Kbtliku; 'Alfred. Russell Smith,. Grey'mouthj Charles Arthur Stow, Hokitika ; Alexander Behttie Wright, Araliura ; Evelyn Wright Kanidri; Stephen George Wright, Kanieri; James: Alexander Neilson, , Lower Kokatahi’; Thomas Claferi’ce Slierldck, Greyirioiith ; ■ Agrifes 'Koivu'. and Reginald Koiyii, - Stoney Creek and Thomas' Growcott, Ruatapu; were all “abandoned” by Mr Hannan. < > (Proceeding.) - . '