TE AROHA ELECTION PETITION.

New Zealand Herald, Volume XXVIII, Issue 8530, 2 April 1891, Page 6

TE AROHA ELECTION PETITION.

. (BY TELEGRAPH. reporter-.] .. Tk Aroha, Wednesday. The Court appointed to hear Colonel Fraser's petition against the return of Air. Shepherd Allen opened to-day before Chief Justice Prendergast and Justice Cotiolly. Messrs. Edwin Hesketh and Clayton appeared for the petitioner, and Messrs. Theo. Cooper and C. Buddie for the respondent. The petition was a very lengthy one, but the allegations were virtually three. Clause 3 of the petition states that at the time of the nomination of candidates, Mr. Allen was in Great Britain, and although nominated for election, he did nob, as required by section 5 of tho Electoral Acts Amendment Act, signify his consent to such nomination to the returning officer, either by lotter sent by post or affixed to the nomination paper, or by ordinary message by telegraph. The second salient point was that the scrutineers were not appointed in writing by the candidate, and the third was a series of charges of bribery, corruption, and illegal treating by agents of the respondent. The Court was crowded, tho attendance of radies being very large. The petitioner and the respondent were seated beside their counsel. Mr. Hesketh opened the appellant's case, and asked the Court to rule whether it would bo necessary to do more than establish the fact of the invalidity of the nomination. The Court ruled that they must hear the case as a whole, not piecemoal. Mr. Heskfeth then proceeded to call evidence.

Theodore M. Lawlor, Returning Officer Te Aroha, and Registrar of Electors, gave formal evidence as to receiving the writ on the 11th November. He produced the writ and the nomination-papers of the candidates. Three were nominated Colonel Fraser, Mr. Allen, and Mr. Stewart, but only two went to the poll. The nomination paper of Mr. Allen was received on the 20th of November, signed by Thomas Wells and Henry Buttle, and he received consent by a telegram produced : — "I, William Shepherd Allen, consent to be nominated for To Aroha District." He received ib on the ISth of November. Tho poll was fixed for the sth of December. Colonel Fraser's nomination paper was received on the 20th, and had consent on it. Witness also produced the roll of the district, on which the names of the nominators and candidates appeared. He produced a list of the scrutineers appointed on behalf of Mr. Allen, signed by Henry Buttle as proposer. Mr. Harris was appointed for tho Te Aroha polling booth, at which witness presided, and Mr. Harris made his declaration before him. The poll took place, and ho gave notice of the result, as required by the Act. The result was : 786 votes for Mr. Allen, 609 for Colonel Fraser, 21 informal, and he declared Mr. Allen duly elected. He received the petition on 3rd January, 1891, with the names of three sureties to the bond, which he forwarded to the Registrar of the Supreme Court, Wellington. To Mr. Cooper: Ho did not receive any objection to the nomination of either candidate. To the Bench : Mr. Stewart withdrew his nomination.

Thomas Charles' Hammond was . then called on his subpoena, but did nob answer. Colonel Fraser, the petitioner, produced a telegram from the returning officer stating that the Registrar had received his petition. He published the petition in a newspaper circulating in the district, the Thames Advertiser of 6th January, and served a copy of the petition on Mr. Allen on the 25th February by leaving it at his house at Annandale. Witness claimed the seat on the grounds alleged in the petition, although he polled only the minority of votes. He did not see Air. Allen at all during the contest, but Messrs. Buttle and Co. acted for him. They had a committee at Paeroa. Wm. Nicholls Tetley, Edwin Edwards, and others were members ,of it. Witness was at Parawai booth on the day of electiou, and could not of his own knowledge speak of what took, place at Paeroa, on that day. Edwards told witness he was acting on Allen's committee. Witness asked if he was getting the same pay as Mr. James Lavery and the others, £4 a week and all expenses. He said, "No definite arrangements have been made, other than that all reasonable expenses will be paid." This conversation took place some time before the nomination.

At this stage witnesses were ordered out of Court.

Witness was about to state a conversation which took place after the election, but Mr. Cooper objected that anything which took place after the election could not be evidence, and he cited English authorities in support of this, and to show that the agency terminated with the election.

Mr. Hesketh submitted that the evidence was admissable to prove the agency. The Chief Justice said that the statement of the person was no proof of agency ; that must be proved by facts. Mr. Justice Conolly said that if such evidence was admissable, no candidate would be safe if at any time after the election a person could come forward and say that he was an agent, and had bribed some one. Mr. Hesketh said that that ruling would preclude a large portion of the evidence he had intended to call. He would not press the question at this stage. Witness was not cross-examined.

John Meagher, miner, Paeroa, deposed that he knew Edwin Edwards, auctioneer. Witness voted at Karangahake. His true name was " Meagher," although the name on the petition was " Maher," Mr. Cooper submitted that the evidence could not be given. The only Meagher on the roll was described as a farmer, not a miner.

The witness, in answer to the Court, said he had 50 acres of land at l J aeroa.

Mr. Cooper contended that the man described in the petition was John Maher, miner, Karangahake, not Jno. Meagher, farmer, Paeroa, and the evidence of this witness was therefore inadmissible. The Court had no power to investigate matters not mentionod in tho petition. Mr. Hesketh pointed out; that the Court, as a Court of Nisi Prius, had full powers of amendment, and he would therefore ask that the petition be amended. Mr. Cooper contended that the Court had no power of amendment under the statute. This would be equivalent to inserting a false clause, and that was interdicted by the statute. •

Mr. Hesketh said the evidence could be taken, although the petitioner might not be able to avail himself of it to prove a specific charge of bribery. , The Chief Justice thought it would be better to take the evidence and decide afterwards whether they ought or ought not to amend the petition. The examination then' proceeded. Witness said his name was pronounced "Maher," and in answer to the Chief Justiee, he said his name was pub on the roll by another person. There was no other John Maher, Paeroa, farmer, that he knew of. He had a conversation with Mr. Edwards at Paeroa before the polling day. He had more than one conversation with him on election matters, but he could not recollect what was said. He knew Mr. Snodgrass, a baker at Paeroa, and saw him either the day before or the day of election afc Karangahake, and Snodgrass gave him an envelope addressed to witness and Comes. It contained £2 in notes, and a note which witness tore up, it was " for our side," or "expenses for my/side." Witness kept £1 and gave the other to Cornes. He and Cornes were on Allen's committee, and agreed that what money they gob they would divide. He did not know what became of the envelope, and could not say whether the note was written in pencil or ink, bub on no other occasion did Snodgrass give him an envelope addressed to Maher and Cornes, and containing two one-pound notes. There was a local committee for Mr. Allen at Karangahake, Mr. Buttle having asked those that were inclined to act to give in their names. Witness was not treasurer of the committee. He . had an idea that the money came from Edwards for some time previously. In Paeroa Edwards told him that if he got any money over the election witness would get some also. He was not sure who sent it, and asked no questions. By Mr. Cooper: Witness and Cornes were on Mr. Allen's committee, bat he declined to say whether he was Mr. Allen's supporter or not. Mr. Cooper pressed the question, and witness hesitated for some time. He then admitted that he volunteered to go on the committee, but when pressed to say

■whether it was to assist Mr. Allen ho appealed to the Court as to whether he was compelled to answer. ' The Court ruled that the question was a fair one, and witness said he did not support Mr. Allen, although he volunteered to go on his committee. He did so for the purpose of seeing if there was' any money in it, but he could not say. whether his brother or Comes were associated with him in that purpose. By Mr. Hesketh : He wan told that Mr. Allen was a monied man ; that he would pay well for his election ; and was prepared to spend thousands over it ana he (Meagher) wished to get a share of it. William Cornes, miner, Te Aroha, formerly of Karangahake, deposed to knowing Malier, Edwards, and Snodgrass. He was present when Snodgrass gave the letter containing the £2 to Maher. He did not know what was in the letter, but Maher gave him £1, shortly after when they were returning from work. Ha could not be certain whether Maher showed him the envelope before giving him the pound, but when Maher gave him the money he said he supposed it was to spend on the election. Witness did not know whom the money came from, nor did he believe Maher did. Maher did not tell him where it came from. He could not say that ho saw the envelope, but he had never seen Snodgrass deliver another envelope to Maher, and lie could not identify the envelope. _ Maher simply told him that there were £2 in it. Mr. Cooper objected to the questions as to conversations between Maher and witness.

Mr. Hesketh did not press the question, but he put into the witness's hand an envelope addressed Cornes and Maher. * The witness could not identify it. He said he had not seen Mr. Edwards for two or three months previous to the election, and had had no conversation with him about the election before the letter was delivered by Snodgrass. Witness put his name down as one of Mr. Allen's committee at Karangahake. By Mr. Cooper: There was a polling booth at Karaugahake, and at Paeroa. There was no committee properly formed, but witness put his name down. Thomas Maher was called, but did not appear. Frank O'Hara was called with a like result.

James O'Hara, carter, Paeroa, deposed to having bad a conversation with Mr. Edwards at Paeroa on the day of the election. Mr. Edwards appeared to be supporting Mr. Allen, for witness asked him if he had any money, and Edwards gave him-ss. Edwards asked him to vote in Paeroa, and ho refused. He had voted an hour before at Karangahake, but he did not tell Edwards so. The reference to the money was made before Edwards asked him to vote at Paeroa ; and when Edwards gave him the money he said it was all he had got; that he had given money to other parties ; that ho had sent £1 to Maher, £1 to Cornes, ar.d £5 to Fred Cock. Although witness voted, he understood since that he was not on the roll, but at the time he believed that he was on it.

By Mr. Coopor : When he met Edwards at the hotel in Paeroa, he said, Can you let me have some money?" and Edwards gave him ss. That was before Edwards had asked him to vote at Paeroa.

By Mr. Hesketh : He did not borrow the money ; he was supposed to spend it on the election, and was instructed to "shout" with it when he got back to Karangahake. . By the Chief Justice : Nothing was said about his " shouting " for Mr. Allen's supporters. Henry Buttle, examined by Mr. Hesketh, deposed that he was a farmer residing at Annandale, Piako. Mr. Allen was not in New Zealand during the election, and witness acted for him as his agent under Mr. Allen's authority. This authority was not in writing, but ho (Mr. Allen) had given him verbal instructions before he lett for England. It was fully intended that Mr. Allen should bo a candidate. Witness did not hold a power of attorney, but Mr. Allen left him a little money to go on with. Several public meetings wero held on his (Mr. Allen's) behalf, and witness attended most of them and addressed the electors on his behalf. He appointed committees at Cambridge, Te Aroha, Paeroa, and other places. At Paeroa he appointed W. Marsh, A. Thorpe, F. Cock, W. Tetley, but he did not appoint Edwin Edwards. He believed Robson and Nicholls were also members of the coin, inittee. Edwards was not, to witness' knowledge, appointed to any officq. at Paeroa. Witness did not know that he held the office of treasurer and committeeman, or either, but he thought Edwards was acting in support of Mr. Allen's candidature ab Paeroa ; for he told witness he was going to do so. Witness paid no money to Mr. Edwards, nor to any member of the Paeroa committee, and gave them no directions as to how they should proceed ; in fact, he had no communication with them since they were constituted up to the present. When pressed as to whether he was to pay the expenses of the Paeroa committee, the witness objected that it had no bearing on the statements in the petition.

Mr. Cooper submitted that his friends had no right to investigate accounts of any committee; they could only investigate Mr. Edwards' account.

The Chief Justice thought counsel was entitled to establish a connecting chain.

Witness then said that at the termination of this case he was prepared to pay to the Paeroa Committee any money expended for legitimate purposes. He had not received a detailed statement from tham, but had requested them to hold over 1 their claim?. Amongst the claims, he had none made by Mr. Edwards, - nor had he paid him any. He had paid money to Mr. Ingram, of Te Aroha, to pay Mr. Edwards £6, in two items ; the first on the 4t,h November, and the second on the 26th November. Witness was told that Edwards was put to certain expense, and these payments were to reimburse him. He did not know how the expenses were incurred, but took Mr. Ingram's word. He had not paid anyone else . money for Mr. Edwards, The accounts of the Paeroa committee furnished to him were in Mr. Nicholl's writing. The statement was produced for expenses at Paeroa, Hikutaia, Waihi, and Karangahake: in all £40. Witness said he had not remitted the money; and that, he understood, was the entire claim of the committee. He had no knowledge as to the arrangements for a committee-room at Paeroa, nor whether any money had been paid for the hire of that room. Witness knew Mr. Hammond, of Hamilton, slightly. He did nob employ Mr. Edgecumbe or anyone in Hamilton to do anything. Hamilton was out of the district, but Mr. Hammond was employed by witness in connection with the election to act as clerk and messenger for the committee at Cambridge at £4 per week. He was to be under the control of the Cambridge committee, and to get the roll,' which was very incomplete, made up from three other rolls into a form, and find out who were actually in the district. Witness paid him £4 a week for three weeks. He (Edgecumbe) was not paid to canvass electors and persons entitled to vote, bub to do his duty in the committee room. He was not occupied all his time in canvassing electors, and he never reported to witness that he had canvassed and the result of his canvas. He (Edgecumbe) incurred debts at two hotels, which witness had to pay, in all £10 16s 6d. The items charged were goods supplied and personal expenses. [The accounts were put in.] In the larger one there were several charges for cash lent, and the witness was cross-examined as to what amount he actually paid Hammond —whether £12, or the difference between that and the £10 16s 6il. He acknowledged that he paid more than the difference. He produced the document in which he appointed Mr. Hammond as Mr. Allen's agent throughout . the election. Witness acted as general agent for Mr. Allen, and they had no canvassers, paid or unpaid at Paeroa, at least not to his knowledge or by his instructions. By Mr. Cooper : From the time of lodging the nomination paper to the election he could only communicate with Mr. Allen by cable, and Mr. Allen was entirely ignorant of what took place. He (Mr. Alien) left for England in April and returned in February. Witness never instructed Mr. Edwards to act on Mr. Allen's behalf, and the money paid to Mr. Ingram was paid long before the polling-day. When he appointed Mr. Hammond he was in Cambridge, and that was his introduction to the Cambridge Committee, and witness gave him specific verbal instructions as to what he was to do. Mr. Edwards was a journalist, and corresponded with the Te Aroha News and other papers. Edwin Edwards, auctioneer, Paeroa, deposed that in the late election he supported Mr. Allen by speaking in favour of him

and against the others, and by speaking to the electors and persuading then. He attended two committee meetings, but it was chiefly in the interest of the four papers he represented. He recollected a list being made out; by Mr. Tetley, but did not know what it was for. Witness .was never elected on the committee and never acted as treasurer, or as a com-mittee-man ; and he had no recollection of having any election cardssuch as that produced — bis possession. This, produced, he took from the bar of the Karangahake Hotel. The writing on the back of it was his. It was—" Mr. Tom Maher, if you come into Karangahaketo vote, I will pay your expenses." He had no recollection of a list being prepared and sums of money placed against each. It may have been so, but he had no recollection of it. Witness, as a house agent, engaged a room for Mr. Tetley, the secretary of the committee. He identified the writing on the envelope addressed to Cornes and Maher as his, and said he sent £2 in it by Mr. David Snodgrass to bring Maher, Cornes, and other members of the Karangahake committee to Paeroa to vote, instead of voting fit Karangahake. His object in bringing them was in order that he might win several bets he had made- to the result of the Paeroa polling. The note enclosed with the money was as follows :—" Enclosed please find £2 as arranged." This was according to an arrangement he had made with Maher the day before. Witness had made no charge for any of his services. It was mentioned at one of the committee meetings ; but he made no claim, received'nothing, and expected nothing, nor had he put in any claim for money disbursed by him in support of Mr. Allen's candidature, and had not been asked not to do so until this trial was over ; nor did he receive any money from Mr, Nicholls for disbursement. He never received any money from Mr. Buttle in connection with the election. The witness was examined by Mr. Cooper, but nothing new was elicited, except that the 5s which he gave to O'Hara was a loan, and they had no talk about the election, and he certainly never told O'Hara that he had given £1 to Maher, £1 to Cornes, and £5 to Cock. He did not ask him (O'Hara) to vote at Paeroa, and he never paid £5 to Fred. Cock to induce him to vote, nor was there a vestige of jtruth in that statement. >He paid no money to Frank O'Hara, nor did he ever know such a man. If it meant James O'Hara, he only gave him the one 5s as a loan. He had no instruction from anyone to pay money to Maher and Cornes, and he simply did so on account of the wagers. The Court adjourned at ten minutes past five until ten o'clock next morning.