MATAURA LICENSING PETITION.

Mataura Ensign, Issue 1138, 20 January 1903, Page 2

MATAURA LICENSING PETITION.

INQUIBY BHBUMSD. The inquiry into the petition to have the Mataura licensing poll set aside on the around! of a number of alleged irregolatlU« was resumed at the Gore Courthouse yesterday before Mr G. Oruiokshank, B.M. t%m Hocking, Hanloti, and Neave appeared la support of the petition, and Mem A. 8. Adams and 3. Macalister to oppose. Mr Hosking said he understood the oats had been adjourned until the following day and on the strength of that they had not their witnesses ready to proceed. Mr Adams said there were one or two witnesses in attendance—one in particular regarding whom a lot was atid, Mr D. Wilson deputy returning officer at Hedgehops. He had come over 40 mile* to be present, and it might be as well to examine him. Counsel was prepared to take a statement Mr Wilson gave on commission if hit friend would. Mr Hosking: Ido not propose to oaU him. Mr Adams: You were very anxious to oaU him the last time and sent out for him. Mr Hosking: I did not call him. I was challenged on the point that he had not been called, so I produced him and handed him over to the Court to examine. The Magistrate: This is not a ease in which two parties are appearing as in the ordinary course. I don't know whether I should not call him. Mr Adams: I suggest that Mr Wilson be called now. Mr Hosking: lam not prepared to crossexamine bim today. I have not looked up the papers yet. The Magistrate: Who is calling him ? Mr Hosking: lam not, as it would preolude my cross-examining him. As my friend challenged me on the score that I had not exhausted theHedgehope witoesses.l said/ I would get him, and I tendered him to be examined as a Court witness. My friend appears very solicitous about him. Mr Adams: Ido not know anything about him. I only suggested that he should be called now to avoid wasting time when the witness is here. At this stage the inquiry was adjourned until this morning. TODAY'S PROCEEDINGS. The inquiry was resumed at 10 o'clock this morning.

When the Court opened Mr Adams said ha had considered the question of the status counsel hold, and in view of the possibility of further developments he did not propose to further occupy the position of amicut eurue, and with the permission of the Court he proposed to appear with Mr Maoalister for an elector of the district—Mr T. Ayson. The Magistrate: I have already ruled that any elector had a right to be represented by counsel. I prefer that counsel should appear for some responsible person. Further evidence in support of the petition was then called.

David Wilson, deputy returning officer for the electoral poll at Hedgehope (examined by the Court) deposed that he left his store for the poll at three or four minutes to nine. He could not say to a minute. Had a dock in the store. Had to go less than 200 yds to the poll. After he started for the poll he returned to the store to give his assistant some instructions. Then went to the poll. Could not say what time he got to the poll. Thought be took the time at the poll from McKay (returning officer for the licensing poll). McKay said it was nine o'clock. Prepared the boxes and got everything ready for the poll before he asked the time. He then waited for the scrutineers. No scrutineer appearing, aßked McDonald if he was scrutineer. He said " yes," and witness asked him to produce his authority. He did to and witness swore him in. The front door of the. v, booth was open when he got there. The arsf* ) voters appeared just afterMcDonald had been sworn in. Closed the poll at six o'cloek by McKay's time.

Cross-examined by Mr Hosking: Waited some time for the electoral sorutinoer. Could not say how long. Might have waited ten minutes. McDonald went to the hall with witness, and he was in the room while witness was waiting. McDonald called at the store. Did not know who the scrutineer! J were to be beforehand. Made a statement ~m before a Justice of the Peace on ihe'iOth \ December. Did not think be said anything in that about waiting for a scrutineer. Remembered meeting Petrie on the road after witness turned buck. Petrie referred jocularly to witness being late. Witness laughed and passed on. Witness said "If you have got a vote come up and vote." Did not say to Petrie in referonoe to being late " It does not matter in a small place like this." Witness had no watch with him. Had no clear recollection as to the time of opening the hall beyond McKay's statement that it was about time to start that it was about nine o'clock. Would not swear it. His memory was not too clear about that. Did not teil Mr Holland he might have been 20 minutes late. Would swear that. Could not say if he had been told he would get into trouble over the poll being opened late. Had been told so many things. When the poll closed McKay said by the time they started it was six o'clock. Went by McKay's watch. McKay having sworn that that the poll opened at half-past nine by his watoh, witness would t not say be had sworn falsely. Witness bad the roll, voting papers, etc. Made a state- • ment in the Court in December. Witnesi refused to sign it before a Justice as be bad not time to give his evidenoe. He was " ruehed up." Had the privilege of refusing to sign. His reason was that he had no time to give his evidence. Could not say how long he was in Gore after it. Witness was cold that day, was " rushed up," and was not in a fit state to give evidenoe. Refused to sign because he thought he had not given all his evidenoe. Could not say what be left out. Wanted to consider the matter. Preferred to give evidence later.

Cross-examined by Mr Adams : Looked at the clock as be went out of the store, and it was then three or four minutes to nine. Would walk to the hall in about two minutes. Had nothing to do with the preparations for tbe licensing poll. The licensing ballot box, rolls, and voting papers were in tbe custody of McKay. Witness had the seal. Had never acted as deputy returning officer before. Robert Dewar, Town Clerk of the Borough of Gore, deposed that on tbe morning of too election he was standing at the door ol his office, adjoining, the door leading into tbe polling booth. Went into the hall through a side door leading from witness' office, and asked Mr Boyna, returning officer, what the . time was, and he consulted his watch, and said quarter-past nine. Witness' watch was the same. Witness asked,: Why are the doors not open ? Mr Boyne said his officials were voting. Did not know when the doors were opened after that. The door could not be opened from the outside without tbe key.

Jaa. Miller, accountant, deposed that he acted as scrutineer (or the licensing poll at the Gore booth. Was in the division P to Z, Was at the booth at 20 minutes to nine. Mr Boyne was there at 0. Whan witness took his seat at the table it was seven minatee put nine by his watch. The time was lost partly by the effort made to And a place where witness had to go. Apart (ram that everything was not ready to begin toting at nine. In witness' compartment the position of the boxes was changed by Mr Boyna's instructions. After witness sat down at (be table (after nine o'clock) all those at the table having votes were told to vote. Most ol them voted. Those who voted had to go to the compartment in which their names ware to vote. This occupied a few minutes, say from Ave to ten minntes. No other persons war* permitted to come into the booth daring that time, but he did not know whether the doors were open or closed. He did not hear anyone speak to the returning officer about the door. Did not know when the doors were opened at the compartment ha was in wm furthest from the door. In some cases the official mark was exhibited, but not always. He saw th« deputy returning officer or his deputies tain voting papers from voters. The poll clerks took them. Mr Dun and Mr Cochrane took the voting papers from the voters. The tea} was not exhibited, and these gentlemen took the voting papers and folded them so as to exhibit the seat In «om« eaiai, U thay had wished, they oould have seen how the vptar bad voted, In opening and refolding the papers. Sometimes the poll clerk put Ufa voting paper in after refolding, and sometbnsa the voter. ' -M This occurred at intervals daring l£e day. ■ The number of voters allowed in the bootti ' was not limited during the day; three or f jur times there were mors thai fix vojars ill the booth he was in. Be could not speak of the other booths. On one occasion than were ten or a doxsn In the booth at oat that). This caused the officials to harry up to get through the work. He suppoaed this would interfere with the work. There waj talking in the booths. Ha had not heart taytttaf

said to votora as to how tbey should vote. He was at the scrutiny. Be had seen a parcel of sealed voting papers opened at the scrutiny by the returning officer. The parcel was from Dacre. The returning officer opened the parcel, checked, and counted the notes, and then re-fastened the parcel and endorsed it.

Cross-examined by Mr Adams: Arrived at 20 minutes to nine. He had not his instructions. Be knew he had to act as scrutineer. He looked to Mr Boyne to fix the place where ho had to sit. He applied to him before nine o'clock, and was told to go to Ato V booth. He found another scrutineer there, and Mr Boyne then told him to go to P to Z. It took some time to find out where he was to go. Ml the other offi-

cials were not in tbeir places when he got there. Mr Mayo and Mr Dun were not in their positions when he got to Pto Z. They were there when he got into the booth. He could not say whether all the others in bis booth voted before 5.30. He remembered Mr Smith voting at his booth. He had objected to the poll clerks taking the papers from the" voters. He made his objections to Mr Smith. Did not make his objections to Mr Boyne. The examination of the papers affected the one side as much as the other. He was hampered by the number of people in the booth by having to work more rapidly and was thereby more likely to make mistakes. He watched keenly to see what was done by the poll clerks when they took the voting papers, but did not try to see how people voted. Witness had not noticed how the papers were folded by Mr Dun after they had been refolded so as to show the seal. He did not say that Mr Dun had intentionally looked at the voting papers. There were a considerable number refolded in this manner. In some cases the deputy-returning officer asked the voter to sbow the seal. He was one of those who signed the petition. He signed it in Leurenson's hotel. Mr J. S.

Millar was present. i Mr Hosking objected to this. It did not affect the petition. His Worship said he had ruled that the petition on its face was good. Mr Hosking maintained that the other side should show their objections to the petition.

Mr Adams said his objections would be apparent later on. Witness said be knew the purport of the petition and signed it before a J.P. Theie were other people present. Re-examined by Mr Hanlon: He did not say that it was at Mr Smith's suggestion that the poll clerks had taken the voting papers from the voters. Mr Smith and he had remarked about the matter several times. Mr Smith agreed that it was not the correct thing to do. Neither complained to Mr Boyne. The practice went on practically all day.

William Connor was doorkeeper at Gore polling booth at last election. The door was opened at 9 o'clock by bis watcb, but his watch was'fast, and it was closed. The returning officer told him to k>ep the door closed till the people inside had voted. The door was kept closed for about 15 minutes. He was not at the door all the time, as he had to vote. When he went back a telegraph boy knocked, and he opened the door and let the boy in, and then closed it again. There were people there who wanted to get in. They knocked at it, but he took do notice. He got instructions to open the door again by Mr Boyne. He could not bay what time this was, but should say it was 15 minutes past nine. Cross-examined by Mr McAlißter: Was tbere at nine o'clock. The returning officer told him to close the door in order to allow those inside to vole. Had reopened the door on instructions. Could not say whether unnecessary delay occurred in voting. The people outside came in as soon as the door was opened. There were a number at the door, but could not say how many. John Latham was a deputy returning at Gore in the licensing poll in the A : and F booth at the election. He was at the booth at half-past eight that morning. Everything was in readiness to take votes at dine o'clock in his booth, but could aot say about the others. Tbe voting commenced as far as those inside were concerned at 9 o'clock. He had instructions to vote at 9 o'clock from the re-

turning officer. He and others in his booth • voted. Be could not say whether tbe doors of the booth were closed, but had not seen K_jray coming in to vote. He could not see the H outside door. Ten minutes or a quarter of an ■ hour was occupied in taking these votes. Had ■ oot heard anything said to the returning of 11 - I aer about the booth being opened. Had not I seen any voting papers taken from voters in I his booth. Was present at the scrutiny and I had seen a sealed parcel of voting papers W opened by the returning officer, but could I not say what the parcel was. Had heard ' it was the Dacre parcel. Tbe reason for opening the parcel was to check the returns. Tbe parcel was re sealed, Charles Steans deposed that be had voted at Gore. There were eleven or twelve voters in the booth when he recorded his vote. He saw a lady have a paper taken from her by the poll clerk in tbe licensing division. She asked for a voting paper—a blue one. There was some discussion by the officials, and tbe deputy returning officer said he believed he bad not given her the electoral paper, and he then did so. They tried to take his paper, but he objected. The poll clerks were Dun

And Cochrane. He insisted upon putting his ' uapcr in the box himself. Had seen other papers taken. The poll clerk pat the voting jpapers in the box instead of the voter. Cross-enaruined by Mr Adams: The voting papers were pink and blue. The poll clerk in every case tried to take the papers from voters. They made a dive for his, bat he objected. They did not ask for the paper and did not ask the voters to show the seal. Alfred Latham was at the hall before nine o'clock. The doors were not open at nine o'clock. He had watched the time particularly. He saw the doors opened at a-quarter past nine. There were from 50 to 60 people about the entrance. Had seen people knock at the door and had knocked himself. The door opened at a-quarter past nine. The door was again closed till 18 minutes past nine and locked. He then voted. Cross-examined by Mr McAlister: There were between 50 and 60 people at the door at a quarter past nine. He was not among the first batch who voted. Ke-examined by Mr Hanlon: No reason was given him for the door being closed between 9 and 9.15. Wm. Henderson was at the hall at 9.15, when-there were a number of people about. Tbe doors were closed. He tried the door, and asked the Town Clerk if tbe entrance was throngh his office, but was answered in , tbe negative. He tried tbe door again twice, B but it was locked till a quarter past nine. He told Mr Boyne he had no right to have the door locked, as it might upset tbe election. Tbe returning officer said it had to be locked to keep the crush back; there were too many in already. The door was again locked and opened at 18 minutes past nine. By this time the number at tbe door had increased. Matthew Hunter was at tbe polling booth at ft quarter to nine. The doors were not open when he left at 13 minutes past nine. He was in a hurry to vote in order to get to his work. He worked up to half-past five, and then came in to vote. He did not wish to leave his work at that time as he was busy. Robert Aitken, carpenter, was a scrutineer in Ato F booth. Had no vote; his name was not on the roll. He signed a declaration just before nine. At nine the scrutineers and poll clerks went to vote. In his booth the officials were in their places. By his watch the doors were opened at 17 past nine. Frederick Begg was called. Mr Hosking asked if Mr Adams would open at nine o'clock, as this witness admit that the polling place at Gore was not would only corroborate the fact. The legal aspect could be argued later. Mr Adams would not admit anything. Mr Hosking: This is only wasting tjme. Sitr.ess' was a scrutineer, and could not say when the doors were opened. He was at the hall at five minutes to nine. He did not hear any conversation as to when the door should be open % The Court adjourned to half-past one. (Left sitting.)