SUPREME COURT.

Dunstan Times, Issue 588, 25 July 1873, Page 1 (Supplement)

SUPREME COURT.

CRIMINAL SESSION. (Before his Honor Mr Justice Chapman.) Tuesday July 15. •the Anderson’s bay personation case. Robert Moore waschargedwith personating one Richard Brinsley Heriot at the Antlerson’s Bay Polling Booth, on the 19th ult., during the election of a member to represent the Peninsula in the Provincial Council. Mr Stewart defended. After evidence recapitulating what had been given at the former trial was taken, Mr Stewart submitted there was no case to go to the jury, on the ground that section 50 of the Electoral Act stated that the offence must be shown to have been committed wilfully and knowingly ; and further, that neither this section, nor any section previous to 70, had reference to Provincial elections ; they only dealt with election for the House of Representatives. The evidence for the defence was that the prisoner was under the impression that he could vote in Heriot’s name, and that he was under the influence of drink at the time. The jury brought in a verdict of not guilty of personation ; and guilty ou the second count, charging him with giving false answers to the prescribed questions °put by the Returning Officer ; and with their verdict they coupled a strong recommendation to mercy. The legal point reserved will be argued next banco day, and the prisoner was ordered to appear ou the 30th instant to receive sentence, being admitted to bail in the meantime in his own recognisance of LIOO, Wednesday, July 10. THE KAIKORAI PERSONATION CASE. George Calder was charged with having tried to vote at the Kaikorai election, in the name of an doctor, his sou, while his (accused’s) name was not on the roll. Mr Stout defended. After evidence had been adduced similar to thatgiveu at the Mayor’s Court, and a point having been reserved as to the appointment of Mr Street as Returning Officer, Mr Stout urged that the evidence showed that accused did not intend to personate his son, but went to the booth believing he had a right to vote. A verdict of “ not guilty ” was returned.