THE KAIKORAI PERSONATION CASE.

Evening Star, Issue 3234, 2 July 1873, Page 3

THE KAIKORAI PERSONATION CASE.

At the Mayor’s Court, yesterday, the Mayor being on the bench, George Calder was charged with voting at the Kaikorai election in the name of an elector, his name not being on the electoral roll. Mr Haggitt prosecuted, Mr Stout defended, and the following evidence was taken : —AV. P. Street, returning officer for the electoral district of Kaikorai, on the 24th June, during the election, presided at the principal polUngplace for the district, the school-house, Green Island. The defendant presented himself at the polling booth in the afternoon, went to the table, and said “ No. 18, Calder.” The Kaikorai roll for the election of members of the Provincial Council was a portion of the roll of the House of Representatives Electoral District. George Calder stood opposite No. 18 on that roll. The number corresponding with No. 18 on the Provincial Roll for tho Kaikorai district was 105 on the electoral roll for the House of Representatives for the Caversham district. The names and qualifications on each roll were precisely the same. On Mr Calder saying “Calder, No. 18,” Mr Cairns, acting poll clerk, said “George Calder.” Witness looked at the defendant at the time, and repeated “ George Calder.” Defendant nodded his head. Ho asked, “Is it George Calder, when accused nodded his head affirmatively, and said “ Humph ’’meaning “yes.” Witness said to Mr Cairns, “No. 18,” and that number was put on the ballot paper and handed to accused. He went I eland the screen, and returned and placed the paper in the ballot box. Shortly after bis leaving the booth, Mr Mor*

land handed in a protest (produced).—Mr Stout objected to the protest, as not being according to the law of evidence.—ln cross-examination, witness said occasional pi-inters' errors took place in names, christian and surnames, of electors ; and if the explanations were made at the time of claiming to vote, he was allowed to vote. If a person claimed to vote for land that appeared on the General Assembly roll in the district and was omitted on the Provincial roll, he would be allowed to vote. The Ocean Beach district was in Caversham, not in Kaikora district. He was prepared to swear sections 13 and 14, Ocean Beach district, was not in the Provincial electoral district of Kaikor.d. Christopher Cairns, engineer, acted as poll clerk at the Green Island Schoolhouse during the election. On that day the defendant claimed to vote as " Calder, No. 18." Kef erring to the roll, witness saw there were two Calders on it. Lest accused should have made a mistake as to the number, witness said "George Calder," and in answer he nodded his head affirmatively. He answered Mr Street in a similar way ; Witness put No. 18 on the ballot paper, as directed by the Returning Officer, stamped it, and handed it to defendant, who, after retiring into a separate apartment, returned and placed it in the ballot box. Cross-examined— John Calder did not vote ; according to the roll, George Calder appeared on the rolls as having voted at both polling places. Thomas Clement Morland, carpenter, Green Island, acted as scrutineer at the election. He knew defendant, whose name wa» David Calder. He heard Mr Street ask if his name was George Calder, but he heard no answer given, nor any exclamation given. George Thomson, dairyman, Green Island, an elector for the Kaikorai district, knew accused as Mr Calder, and saw him 'at Caversham during the election. In conversation with him as to his qualification to vote, witness produced the electoral roll, and seeing his name was not on the roll, the accused said his name was being "usurped," as another man's name was placed on the roll in respect of his property. Defendant's attention was directed to the name of George Calder on the roll, by showing him the roll, when he said : "Seeing his name was not on the roll, he would like witnesses to prove that those were his qualifications." Cross-examined : Witness was canvassing for Mr Roberts. Accused said he considerecLhimself entitled to vote on those qualifications. Thomas Thomson, farmer, took an active part in the election. He saw accused get out of a cab and enter the gate leading to the polling booth. Regarding the election, witness said to him, "Mr Calder, your name is not on the roll." In reply, he said, "Ar« you going to deprive me of my right ?" to which witness did not reply. Accused Miid he held the titledeeds of the property, which was his. Cross-examined by Mr Stout: Defendant was well-known in the district, having lived in it twenty-four years. This closed the case for the prosecution. For the defence, Mr Stout called— James M'lndoe, who knew that David Calder held land at Corstorphine which was leased to George Calder, and a similar area of ground was let to John Calder. George Foster knew David Calder, and in conversation as to voting, witness told him his name was not on the roll, when accused said the property was his, and, if his vote was objected to, he should shew Mr Stout he was owner of the property. Mr Monteith, scrutineer, neither heard questions put to accused nor reply by him. This closed the case for the defence. His Worship considered th« Bench had but one course. He did not consider that the day of election was the time to assert the right to vote. He quite believed defendant acted under the mistaken idea that he was entitled to vote; but he had no alternative but to send the case for trial at the Supreme Court. Accused reserved his defence. Bail was allowed on his own recognizance of fifty pounds.