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THE TE AROHA ELECTION.

PEPITION AGAINTT MR ALLEN'S j RETORN. (BY TELEGRAPH—OWN C3BUESPOKDENT.) j Tb Aboiia, Apiil'd. Ton havo already had fairly full messages from me concarning this case, but I may. now that it is over, give a historical summary, including soraedetala not dwelt on in my previous telegrams, Tho. ease opened at To Aroha on Wednesday tho Ist April, tho being occupied by the Chief Justice Sir James Prenlergast and Mr Justica Conollv, Messrs Hoakoth and Clayton appeared for the petitioner Colonel Fraser, and Measrs Conpor and Bnddlo for the respondent, Mr vy, {4, au 3D) The potition contained three primary points. In connection with tho first it' was set forth that Mr Allen had not as required by section 5 of the Electoral Acts Amendment- Act, 1890, signified his consent to such nomination to tho returning: officer, either by letter sent by post or affixed to tho nomination paper, or by ordinary message by telegraph. Tho second point was that (he scrutineers had not hean appointed in writing by tho candida'e, and tho third consisted in a series of charges of bribery, corruption, an 3 illegal trea ingby agents of the respondeat,

When tho proceedings wero begun the Court was crowded, ihe attendance of ladies being very large.

The Court decided to hear the case aa a whole, not piecameal. The first witness wns Theodore M. Lawlor, Returning Officer, To Aroha, and Registrar of Electors, who gave formal evidence as to receiving the writ on the 11th November, and .afterwards the nominition.papirs of the candidaloa. The poll took place, and tho re ult was: 786 votes for Mr Allen, 609 for Colonei Prasar, 21 informal, and he declared Mr Allen duly elected. Colonel Eraser, tho petitioner, said he had published the petition io the Thames Advertiser of 6" h'January, and served a copy of the petition on Mr Allen on the 125 th February by leaving it at his house at Annandale, Witness claimed tho seat on tho grounds alleged in the petition, although he polled only the minority of votes. | Mr Allen's agents had a committee atPaeroa. j Wm, Nicbolls Tetley, Edwin Edwards, and others woro members of it. Edwards told witness he waa acting on Alton's committee, Witness aslred if he was getting the same pay as Mr James Lavery and the others, i' 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 bofore the nomination.

I have already wired you the substance of the evidence given by John Meagher, William Comes, James O'Hara, Henry Buttle, and Edwin Edwards,

On Thursday J, M. Robson, W. S, Allen, and T. 0, Hammond were the principal witnesses, That of Iho two former I have already given in sufficient detail. Mr Hammond objected to take an oath, isnd made an affirmation. He said he lived n Hamilton, aad had ac:ed as clerk in the recent election at several polling-places, Cambridge, Oxford, and Lichfield. He acted us clerk, collated the rolle, and did the correspondence, and acte 1 generally in Mr Allen's interest, Witness saw a great many ot the electors on ihe list, aD d knew a great many of them, and spoke to ihem urging the election of Mr Allen. He had cards of introduction staling that Mr W, S. Allen was a candidato, On the day of the poll he was in Cambridge. He could not say what he said, but its effect waa to ask thoso he spoke to act on Mr Allen's committee, and he met with a great deal of success. On the polling day, r he had the names of every vo'or who could vote in Cambridge, and he ticked them off as they voted, and then told the committee to look up those who lnd not vo'od. He did not himself go into the polling-room. Witness only acted as secretavy, and worked for Mr Allen for three weeko and two .days. Witness was appointed by Mr Buttle at £4 a week and expenses, and he travelled through the district assis'ing Mr Allen's election, and did the olerical work and saw the eleolorß, Mr Allen was away, and some one had lo see them on his behalf, and be did go, Mr Battle paid him £12 by cheque and orders. The cheque, he thought, was for L 9, drawn on the Bank of New Zealand, Hamilton. Witness incurred some expenses in Cambridge, and gave orders to Mr Buttle for L 7, L 3 16s 6d, and 16s; but these did not come from Mr Allen. They were taken out of his salary, It was before he got the cheque that he gave the orders. He had furnished a detailed account to Mr Buttle, amonming in all to L 27. Mr Buttle considered witness had not done his duty, but he told him the result showed he had, for they got nearly half the majority in the four polling places. He had done his best in Mr Allen's interest, but he had never canvassed a man for a vote. When Mr Buttle appointed him ho asked witness whether he could legally appoint him, and witness said he could under the first schedule of the Corrupt Practices Act, and witness was accordingly engaged to do the clerical work. He got no instructions other than to do the best he could for Mr Allea.

This closed llid evidence and the Court then adjonrned unlil to-day (Friday,)

CLOSE OP THE CASE. MR ALLEN'S ELECTION DECLARED VOID. This forenoon was taken op with the addresses of counsel on Hammond's ovidonce, and at half-past 12 o'clock their Honours gave judgment, Mr Allen's consent to the nominmion by means of a cable message sent from Exeter, in England, was declared logal, The charges of bribery and corruption alleged to have been committed by Mr Edwin Edwards, of Paeroo, were held to have been not proved; hut Hammond's actions constituted an illegal practico, which rendered Mr Allen's eleotion void. Each party to tho petition was ordered to pay bis own costs,

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/THA18910404.2.14

Bibliographic details

THE TE AROHA ELECTION., Thames Advertiser, Volume XXIV, Issue 6882, 4 April 1891

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THE TE AROHA ELECTION. Thames Advertiser, Volume XXIV, Issue 6882, 4 April 1891

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