ELECTION PETITION.

Hawera & Normanby Star, Volume XLII, Issue XLII, 17 March 1923, Page 7

ELECTION PETITION.

CHARGES DISMISSED

QUESTION OF SECRECY

• (by telegraph—press association.) .1 tk.l. .AUCKLAND, March 16. l'*ht i ¥* nn Z of the petition against L m ft* 1? 11 iof Sir West- !| S£ ft,* 1?^ was concluded at • Li"^d Supreme Court, when ied S^ hff anJ Sirin Ser dismissS.»,2S r ■*H char S«s specifically l| charged against the respondent as had ; f v ot-been Withdrawn. This completely exonerated J>r Pomare, and left Hie I question of whether the election should ■ i not be voided by reason of the allegaj tion that as the counterfoils were not | detached from the voting papers, the ! secrecy_of the ballot had been destfoyi " xi. -point was argued at some length by counsel, and their Honors reserved their decision. i ,-WhenJjhe proceedings opened, Mr. Justice Hoskmg said the Court had not had time to put its judgment on the points so far dealt with into formal shape, but had written the part relative to the supply of a Ford car at ( Fapakura by Willis. There, remained • to be dealt with eight specific charges : and the charge of general undue influence, intimidation, misrepresentation and irregularities, under which the only point to be dealt with, if it was permissible to entertain it< was that re- j lating to the non-detachment of counterfoils from the voting papers. In the case of the first of the eight charges, that of providing food, drink and entertainment, as in the Court's opinion .there was no treating, it was not necessary to deal with the question of agency. It had been alleged that j food was provided for the purpose of ,influencing voters, or some of them, to vote for respondent, but the Court accepted the evidence of Perkins thajb there was no preliminary ■.'arrangement' of the.kind mentioned. It was denied that the cost of the food had been charged to anyone/ and the Court thought that, on the facts y the act of providing food was unpremeditated, aiid Perkins was actuated by the fact that the Maoris were hungry, and the act had not been done in.the interests of respondent. The Court was satisfied that the ae-. count given by Perkins regarding the hiring of ears at Pukekohe, was genuine, . and not- a cloak, to cover up a" breach of the law. Moreover, if the evidence was reasonably open to innocent construction that should be adopted. There was also no evidence; of the suggestion that Willis was offered money by the Reform Party, o? anyone else, for the cars at Papakura. With regard to the charge that respondent offered, at Manaia, to procure electors relief from the payment of county rates, the Court was satisfied that the charge had not been fully established, and further evidence,could be called if thought necessary. This left two specific charges, that relating to the promise of employment on the railway works at Tauranga, and the charge of bribery and undue influence, resting on the evidence of Rangi Marumaru. The Court would be more satisfied if Sir M. Pomare were called to give evidence, as the respondent had personal knowledge, and it was desir^' able in the public interest that he • should be called. - Sir M. Pomare, in his evidence, stated it was the custom of the Minister in charge of Native Affairs to refer, important matters to the Ministers re?' presenting - the Native race. Witness explained the course he took on receipt of a. telegram from the Native Mitu, on November 14, m relation to the displacement of Natives by Europeans on the railway works at Matapihi. He referred it to the Minister of Natives Affairs. Subsequently, at the Tauranga meeting he read; the answer from the Hon. J. G. Coates to his telegram, which was merely a copy of Mitu's. His reason: for reading'the telegram was because some of the Natives, who considered they had suffered a grievous, injustice, were present. Be 7 ycnd reading the telegram and leaving copies further was said about the wire. He never had asked the Natives to vote for him. Witness denied making any. threat that he would pun-'\ ish those who did not vote for him. As regards the interpreter's license, witness said he had received complaints that there were holders of cheques that' had been dishonoured. He bad lent/ Rangi £2 to pay his board,, but had not been repaid. He denied giving Rangi authority to spend' £20 on his behalf. , Arnold John Con way, secretary to i the Minister j gave evidence with re--1 gard to certain interviews corroborative of Dr. Pomare's. ' Mr.' Justice HotSSng then announced that the Court considered the charge .in respect to Rangi, also in respect to ! the Matapihi incident, had no€ been proved. By way of , general comment, the Court, in criticising the evidence,in reI gard to' many of the charges, said the method in which it was got together might give the explanation of the circular that was sent out in the name of Ratana, beginning with a religious invocation. It went on to ask for information concerning bribery connected with various matters, setting out particulars in detail. No doubt that circular had been much discussed at various villages, and had caused a large amount of current gossip. . No _ doubt many people who heard tße gossip jiad taken it for fact, otherwise the Gourt was at a ib-ss to account f<»r a good! deal; of the that had''been given-—evidence that, on the face of it, appeared to be without foundation. :■ The date of giving the decision re the counterfoils will be fixed by the, judges, at Wellington on April 9. j