Charge Not Sustained

Hawke's Bay Tribune, Volume XIII, Issue 78, 16 March 1923, Page 5

Charge Not Sustained

western Maori petition. SEVERAL ALLEGATIONS ABANDONED. [Per Press Association.] Auckland. March 15. Tamaiwhiua Rawiri. of Thames, who. it was alleged in the petition, received £37 from bir Alaui Pomare to meet expanses incurrent on his behalf was subjected to a lengthy cross-examination during tlie election petition proceedings to-day. He admitted that on election day he paid £2 5s for one car to convey friends of Sir Alaui Pomare because the latter had treated him well in regard to his land. He had also given an order for people to have u meal. He denied having received any money or having stated to other natives he had done so. It was a fabrication. Counsel was given leave to ask witness for particulars as to the people he spoke to and what he said. Witness related a conversation with Monua. who. he said, had offered him £25 to supDort Ratana’s son in the election and threatened him in the event of his vote being cast for Pomare. “What was th© nature of the threat?” asked counsel. Witness: He said to me that I was a follower of Ratana but that he (Monua) knew I would vote for Pomare. He said “Look out for yourself. be careful. This badge is a big thing and it is a matter of significance.” H© explained to me that blue signified inclusion in the covenant propounded by Ratana. white signified the inspiration received bv Ratana from the Almighty, and red represented the blood which was sprinkled on the doors at the time of Moses, so that if I denied what the badge signified my bodv would suffer for it. “For that reason.” added witness, “I hav© not worn the badge ever since I received it.”

Witness had previously, to the amusement of the Court, drawn the badge from his pocket to prove that he. as a believer in Ratana, was a hale and hearty man on the occasion of a certain interview and Mr. Justice Hoskin g suggested that he evidently believed in spiritual healing.

Mr. Skerrett said he could only bring another witness to say that Rawirf had stated that he had received this money but he could not nrove that Rswiri had actnallv received it. Mr. Jugtice Hosking said the Court would take the responsibility of rejecting the evidence on this charge. This disposed of the charge that respondent gave Rawiri £37 in order to induce him to assist in his candidature. Mr. Skerrett said the petitioner wag also abandoning th© charge that respondent, through an intermediary, gave a bottle of beer to an elector. The charge in relation to the Star Hotel at Tauranga that Pomare was concerned in the provision of drinks would also be dropped, as wor!J the allegation that respondent used undue influence either bv himself or his agent in order to induce certain employees at Muir’s goldmine. T© Puki, to vote for him. For respondent. Mr. Myers, K.C., submitted that there was no evidence which necessitated the Court calling upon him to answer any of the charges remaining. Air. Justice Hosking: About payments for cars?

Mr. Myers said in regard to ■ the charges in respect of Papakura, where Alfred Willis engaged two motor-lor-ries to convey Afaoris to the pell, ifhad been shown that Willis acted in good faith, ahd when he found he had done wrong he bor© the expense himself. Mr. Skerrett: But he was chairman of Mr. Massey’s ©lection committee. Afr. Mvers contended that no agency had been proved. Tn regard to th© hiring of cars at Pukekohe Perkins had admitted that lie wag guilty of an illegal practice, but these cars were not the subject of the charge in the petition.

Mr. Justice Hosking: Probably this is a matter which th© Court will have to report upon, as the public ar© interested.

Air. Myerg said the evidence of Perkins must be accepted in regard to the food supplied at Pukekohe, and that the alleged offence was if anything on© of treating. He submitted that no offence had been committed and no agency had been established. The next charge was that by way of winning votes Pomare had offered or promised to procure the reinstatement of certain persons in employment on railway works, and that shortly before the election he did procure the reinstatement of electors in employment on railway works. This at most was a trivial offence. The position, as could be seen from th© correspondence put in, was that on November 14 last respondent received a telegram from a Maori at Matapihi stating tiiat certain Maoris had been discharged from the railway works and that pakehas had been put on in their place. All Pomare had done was in the course of his duty ag Minister representing the Alaori race. He repeated the telegram to Air Coates, urging that if the facts were as stated the men should be reinstated.

Mr. Justice Stnuger remarked that if this were wrong it would mean that during an election a Minister would have to ceas© functioning ag such.

Air. Skerrett; It would be equally wrong if a Minister could offer jobs lor votes.

Mr. Myers said a more absurd or lipfair charge had never been inaue.

Coming to the charge that ceitam persons entitled to be included among beneficial owners of Mokuia and tlaputiki blocks were threatened with exclusion irom the lists of owners unless they voted for respondent, Mr. Myers s/aid the evidence had shown these charges to be absurd. The charge was not against Pomare but against his agents. it was alleged that these statements were made by Tupito, and even supposing the charges had been proved the attempt to prove agency had failed. There was the iurther charge that Pomare had offered at Alanaia to procure the electors relief from payments of county rates. Th© position was that a deputation of Afhoris from Taranaki waited on th© respondent as Alinister, stating that liens had been placed on their lands, as they were four years in arrears with their rates, and they were afraid of losing a portion of their land. Pomare after negotiations through the Native Trustee, called a conference of th© parties concerned with th© idea of saving the lands to their owners. Was he not only doing th© proper thing as Minister? asked counsel.

CHARGES REDUCED TO TWO. RESPONDENT"IN THE BAR. Auckland, Afarch 16. At the hearing of the Western Alaori election petition, Air Justice Hosking said of the thirteen charges live had been abendoned—four voluntarily and one on the suggestion of tho Court. Of the remaining eight Bis Honour gave reasons why six should not be sustained. Ho would like to bear evidence on th© two remaining charges. These deal with an alleged threat to have a native interpreter’s license cancelled and the alleged threat to replace natives by Europeans on certain public works. Sir Alaui Pomare and his scretary gave evidence generally denying the allegations The Court held that the two remaining charges wero not proven. Argument is being heard on the question as to whether there had been such abuse << secrecy of the ballot as to justify ths Court declaring the eleclipa