THE WAITEMATA ELECTION PETITION.

Otago Witness, Issue 2086, 15 February 1894, Page 13

THE WAITEMATA ELECTION PETITION.

THE S.EAT DECLARED VACANT.

Auckland, February 9. ?,

The election petition case Palmer v. Monk was concluded to-day. The whole of the evidence having been taken, Mr Button said : We have had an opportunity of conferring with counsel for the petitioner, and we have come ro the conclusion that, after the evidence which has beeD placed before you, it would be quite hopeless to continue the case any" longer or to deny respondent's responsibility for the acts of his agents. We deny knowledge by Mr Monk of those acts of his agents, but we cannot get over his responsibility, or that this petition comes within the scope of the English cases which have been quoted, in which candidates are made responsible for the acts of their agents. Consequently we don't propose to raise any defence. At the same time Mr Monk desires me to say, as regards his want of knowledge of those actions of his ageuto, that he had been away from home for a considerable time, almost continuously before the election. He has shown me his diary or note book, -which shows he had not been home for more than 48 hours during the whole of this time. It is a very wide district, and he had necessarily to be away from home a great deal, and this will account for his not possessing knowledge of what was takiDg place, and that he knew nothing whatever about those acts, and he denies emphatically that he knew about them. I may pent out t6 your Honor that the evidence does not show that Mr Monk had any personal knowledge of those acts. Mr Baume said that Mr Palmer had not been guilty of any malice in this case, and bad no desire to attack the personal honour ef Mr Monk. Mr Button said they did not charge Mr Palmer with haviDg instituted this proceeding thrcugh malice, but simply from a wish to UDseat Mr Monk. The Chief Justice said : Tho coarse which the case has taken leaves very little for us to do. Wo intimate now that we shall report that tho Waitemata scat is voided by bribery and tre&ting by Mr Monk's agents, though without his knowledge — being committed by his agents, for which he was responsible. Mr Monk will have to pay petitioners costs. Tho previous act; provided absolute disqualification for a certain period, but the amended act of 1892 gives a discretion. In framing a report in this case we shall report, as we did in the case of the Te Aroha petition, that the disqualification of the unseated member shall be for one yfar. We don't think it would be fair that the ousted candidate should be allowed to be a candidate at the next election for the same seat. At the rt que&t of Mr Baume the Bench Eaid they were prepared to give a crtiflcate of indemnity under spction 190 of the Election Petitions Act to all witnesses, 40 in number, excepting Messrs E . W. Monk and J. Stewart, so as to prevent them from suffering tbe consequences of any illegal act dieclosed In their evidence. As for the two witnesses named, they would be prepared to hear application for certificates for them to-morrow. February 10. Chief Justice Prcndergasb aud Mr Justice Conolly in the Supreme Court this morning de-

clined to grant a certificate of indemnity from prosecution under the Election Petitions Act to Ernest W. Monk (son of Mr Riohard Monk) and James Stewart, jun., witnesses in the Waitemata election petition. The ground given for the refusal of the certificates was that these witnesses had not made a full, free, and satisfactory discovery of all the facts which they were cognisant of in connection with the election. (FBOM 008 OWN OOBBESPONDENi 1 .) Auckland, February 9. A great sensation has been caused by the decision of the judges in the Palmer-Monk case, and nothing else is talked about. In addition to Messrs Massey and Jackson Palmer, it is rumoured that Messrs M. Niccol and W. J. Napier may contest the seat. The general opinion is that Mr Monk has been wounded in the house of his friends. February 10. lie the Palmer-Monk election petition and the unseating of Mr Monk, the Herald says :— • "We hope this decision will have a good effect upon our elections generally. It has been quite a custom in many districts to look upon polling day as a kind of Saturnalia, when it was allowable to drink beer at the expense of a candidate. That candidate was thought shabby aud mean who did not ' shout ' for the electors. But the liberality in this respect of a candidate on polling day should not influence ■an election, and, moreover, candidates must be restrained from debauching a constituency. It can scarcely be said that any of the witnesses, including female voters, against whom many convictions had been recorded, who were proved to have obtained driDk, were degraded, but the mere public spectacle of such a thing is injurious. There will be no free beer at the next eleotion for Waitemata. As regardß Mr Monk himself it has not been shown that he did anythiug illegal or anything that could in any degree reflect upon his character. Mr Monk has been held in the highest esteem by all his fellow colonists — by all, indeed, who have known him during a lifetime which he has spent in the province of Auckland. All that can be said now is -that he has had injudicious allies, for whose actions he is now made responsible. His punishment is indeed severe. Acts relating to corrupt practices at elections are very strict, aud it has been said that not oae contest at the late election could be inquired into without showing that these statutes had been infringed in some particular. Probably that is true. We know that all expenditure on cabs or other vehicles is illegal, and that every vehicle in Auckland was engaged at the last election. We know, too, that at the recent election in Auckland one hotel was available to supporters of one candidate." It has transpired that, in view of eventualities, a meeting of delegates representing 24- districts of Waitemata electors was held at Warkworth on the 31st January to consider the position created by Mr Jackson Palmer's action in petitioning against the return of Mr Monk as their member. A deputation was appointed by the meeting; with instruction that if the inquiry resulted adversely to Mr Monk they should secure as a caudidate for the vacant Heat a popular suttler of well-known uprightach'; and ability to coute.it the election against a 1 ! eom-TS. Tao deputation proceeded at once to cn'ry o\'t thiiir instruction*, iiul af'-.r .aHoub iutu.ions vvitb Mr VV. 11.I 1 . M.is&ey, ot' Maugere, that geut 'cman contented to became :v cr.ndidftto for the vjicaucy. 2,1r Massoy'B manly and straightforward light in the recent election for Franklin has proved him to be a capable man and one possessing every qualification for the position, he being a practical farmer and acquainted with all the wants of a country constituency. Mr Massey has long been president of the Auckland Agricultural Association, and has been identified as a leading man with various iustitutions. He is vice* president of the National Association. Mr Massey was for five years with Mr Grigg on Longbeach estate, Canterbury. He is a native of Londonderry, aud came out to the colony in 1856.