THE WAITOTARA PETITION.
Wanoanui^ Deoember 1. The Bryce v Hutchison election petition case, m which tho ex-Native Minister and others petition against the return of Geo. Hutchison as member for Waitotara to the House of Bepresentatives, was commenced at ten o'clock this morning before His Honor the Chief Justice and Mr Justica Williams Messrs Bell, Gully, and Izard, of Wellington, with Mr Fitzherbert, of Wanganui, are for the petitioner. Mr Travers. of Wellington, with Mr Thomas Hutchison, a brother of tho sitting memoer, for tho respondent. Kr Bell, m opening, said he apprehended that the evidence called on some charges would not be absolutely conclusive or satisfactory, inasmuch as that evidence would necessarily be called out of the enemy's camp. Speaking to the specific charge of treating on tho day of polling, Mr Bell said he proposed to oall evidence to prove treating , on polling day aod other days Mr Travers intimated that he would I raise a point whether evidence as to [ treating on day. other than polling day would be admissable under tbe New Zealand Statute,
Continuing, Mr Bell said another speoifio charge waa that Mr Bailanoo, as Minister for Landß, used his Influence with the survey men to get them to vote for the respondent, authorising payment of one day's wages to the men while absent voting, and whilst he believed this was Indisputable he hoped to be able to show further tbat Mr Ballance wbb really an agent for Mr Hatohioou. Another matter referred to was whether the witnesses giving evidenoe as to corrupt prao.toes and probably belog guilty of a corrupt praotice themselves would be liable to di.qualifio.tion as voters. Mr Travers : It might be as. well to settle tho point at onoe. Mr Ju .tioe Williams was of opinion that disqualification need not necessarily follow, tie heid tbat If the witnesses gave their evidenoe folly and truthfully indemnity f r- ra the Court would protect them from disqualification. Formal evidenoe was then called as follows :— E. M. Oiffiton, Returning Offioer for Waitotora, prodaoed the appointment of scrutineers, etc. Garland Woon, Registrar of Eleotors for the electoral district of Waitotara, produced a number of official documents Evidenoe waß then taken on the first general charge, bribery, the particular obarge dealt with being that of an execution by repondent on 15th September of a guarantee In favor of E, L. G. Jaoob, hotelkeeper, Waverley, to eeoure advances to Jaoob, £250, to guarantee Jacob's n ccount at the B*nk of Now Sooth Wales by respondent and a Bill of Sale over the hotel furniture— Jaoob's to Hutchison— wbb put ln. E. L. G. Jacob, sworn, said that he commenced negotiations with the previous occupant for the possession of the* hotel about tbe middle of June He entered into possession two days before the nomiuation day. He saw respondent at Patea on 4th June. He promised hig suppoxt before any monetary assistance from the respondent. Negotiation to purchase tho hotel were made through the respondent. On nomflrawon day he Invited his friends all overroßd .strict to celebrate tbe ocoaslon of his entering Into possession of the hotel. He supplied a free oold luncheon. He supplied no liquors. Ha did not know who were the members of the respondents' Committee at Waverley. He thought Mason was Chairman. He knew Plercy, who shouted on nomination day. On the following day Ma.on shouted at the hotel, the bill rendered him being £2 lis m amount for champagne supplied. Ho received an acoount from Mr hutoblson for law oharges m connection with the transfer of the license of the hotel and the Bill .of Salo, The no.ount was dated 19th November, 1887. Mr Ball hore Intimated that he would not call further evidenoe as to the free lunoh as that already given was dear, and the oase relating to Jaoob was dosed. ) The next chargo investigated was that f of promising a man named Bright a certain i .section m the township of Waverley. Bright, sworn, said he was former^ ,e_n ployed by tho respondent, to whose manager witness hud paid two instalments j on a section. Witnoes subsequently left >the respondent's employ, and tho money was returned. Met the respondent on tbe fo'lowing day. Mentioned the mutter of the seotion to bim sayiog that he had lost J the laud The r< spondent replied that he could havo tbo lease of the s ction for two | years for the fencing, He had recorded his vote an hour before this, and tho subject of votiog was not mentioned by the respondent. A charge of pen- onation was taken out to allow witness to leave tbe town. John Flowerday. sworn ; Hadnot signed any claim to vote. Gave no written au hority to register the claim Claim to vote, signed m witnoßß's name, produced. Did not sign the application. Gave a man named Dean verbal authority to reg'ster a claim to vote. Witness voted at the election. Reuben Baldwin, gardener, Patea. sworn, said he wa. formerly custodian of ther Patea Hospital. Saw respondent ln Patea about the time of the eleot 100. Had no conversation with respondent about the loss of his (witness 1 ) appointment as the custodiaa of the hospital or his reappointment. Hud no conversation at that time with any othoi- person on the subject, John Ballance made an affirmation. He was a member of the lato Government. Was not aware that there were any men In Maungakaretu district who had votes m. Wanganui district, but a question wbb ralsrd aB to whether railway men would have any facilities given them to reoord their votes. Respondent made application to witness aa Minister to know if the Publio Works Department had l_oued any order on the subject. Witness, after conversation with tne respondent, telegraphed to the Colonial Secretary to know what arrangements bad baon made to enable man to reoord their votes. Sent the reply from the Colonial Seoretary to respondent, Also telegraphed to Mr MoJCerrow, tho Surveyor-General, about tbe Maungakarelu men, who werp out on survey party. The rale la regard to survey nien, as witness was informed by the Surveyor^flneral, was that the men might have ijffive of abs^no- to record their votes aud om day's pay only. His objeot m making the first enquiry of the \ Survoyor-Goneral was to havo a general rule laid down that all men engaged on ' publio works, railway survey, or roads, ' should hajg&ihe snmo privileges allowed ' them to reSrajhelr votea. His attention was partfC-riariy directed tD the oase of the ( Maungakareta survoy men because they \ were m an isolated position, and the j general order mado by the department : would not reaoh the party unless specially commnnloatod with. i A W Wilson, surveyor, said that ho c (.a. m chargo of tho survey party at a Maungakaretu m September lest, aud : Intended going to vote before instructions t were reoeived. The men had asked to _ jet away to the election before Instructions t lame to him, and they had already worked j -vertlme ln order to obtain leave of ibsenoe. - George Harrison, the foreman of the J ■oad party, produced th. instr potions he .ad reeeWed from the last witness, whioh t was discovered was dated 3rd Ootober, tl \ we"k after the polling. The men had eooyded their votes irreipeotive of the tl net-actions. Ho allowed leave of absence ft nd One day's pay, j. At this stage the o_.e was adjourned till J < 0 o'oUpH to-morrow wojoing. • \ix
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Ashburton Guardian, Volume VII, Issue 1725, 2 December 1887, Page 2
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1,244THE WAITOTARA PETITION. Ashburton Guardian, Volume VII, Issue 1725, 2 December 1887, Page 2
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