WESTLAND ELECTION PETITION.

Hokitika Guardian, 9 March 1926, Page 3

WESTLAND ELECTION PETITION.

TO-DAY'S HEARING. 'By Telegraph.—Special to Gl'.uuh.vnL GREYMOUTir. March 9. Tin* hearing was resumed at ton o’lloci; this morning. Mr W .Joyce intimated that he was nut calling evident' in the eases against Donald Fra-cr and vile and Russell ami wifi*. .laities John O'Regan, farmer. Hmngalma Lauding, b'.sell that ho war the 1 icputy-Rtinruing; ('Hirer at the Landing. Harold Parker claimed to he an elector on the Westland .Roll and asked for a voting paper, hut witness’ supplies of absent voV.ms papers were exhausted, and he told him lie was unable to give a voting paper. He advi-md him to try a booth four miles further on. This was at 5.30 p.m.

Harold Alaxwell Parker deposed bo w;|registered on the Mosthunl Roll. Applied to vote at the Landing booth, lie tins refused on the ground of no absent voters papers being available. Did not vote.

F. G. Coles, (Returning Officer) recalled. stated Barker did not vote. Mr Joyce notified he would abandon tho Karnbach case.

In the Knhikaten case, which was a question of delay in returning the ballot papers, it was suggested by Air Joyce that the delay may have allowed alteration to the ballot papers. Gvril O’Neill deposed lie was a scrutineer for Air O'Brien and O. Butler deputy. There were no inlormal voles at lb? time the poll was declared. The case for tho petitioner then closed.

CASE FOR RESPONDENT. GREYMOUTH. .March 9. Mr Hannan in opening the case lor Air T. E. Y. Scildon, referring to the matters brought forward by Air Joyce and admitted Uren McCarthy was not qualified. Air Hannan claimed that where an elector was qualified before an election and enrolled lielore his qualification took place, was only an informality 'and did not affect the vole. Air Hannan then called the billowing evidence: — Maurice John 'lhomjison. hospital secretary, deposed that Ellen Cambio was on the staff till 30th April. 1923. Eileen Oliver, nurse, Grey Hospital, deposed that Ellen Gamble went to Stillwater and resided with her parents. On Kith September she left Stillwater for Wellington. To Air Joyce—Visited her nearly every week. Can swear that Gamble did not stay at Fears. She sometimes stayed with witness. Edward Gamble deposed Ellen Gamble was bis sister. She came to Stillwater at tho end of April and stayed till tlv? end of September. That was her home in the Buffer electorate. She was looking for employment and came to Greymoutli often. Constance Phillips deposed she lived at Hokitika tiff 23th April. 1923. She then removed to Burnett’s Face. Settled there and made her home there tiff after the election. Left Hokitika to reside at Burnet’s Face. Her husband was a coal miner and voted as an absent voter in the A\ estland electorate. Alfred Abraham Phillips, deposed he was the husband of the last witness and resided at Hokitika in Afarcli. 1923. Ho left on 25th April for Burnett’s Face permanently. Their home was there. A'oted as an absent voter of the Westland electorate. Resided at Burnett's Face tiff February. 1926. Was now going to a job in Hokitika. ATr .Tovce agreed that lie could not contest tlic-se votes. AD- H. G. F. Coles (recalled) in reference to four absent votes disallowed, gave liis reasons therefore. In on? case, Afary Ann Ryan, an elector, only signed Ryan on the application form. Another case Sarah Caroline AYnllace, an elector, married and signed S. C. Green, failed to notify the registrar on the proper form to enable the signature to be verified. His Honour: Then the lady was disfranchised because she was away on

her honeymoon. If she had boen in the electorate she could have voted. Tiobt. James Cotterell. deposed lie went to Euthorglcn on 10th. Aug. from Duller and applied to enrol for Westland on 25th. September. He has resided at Gladstone since January. Drought his wife from Wniuta before 4th. August. She had never been back there .since. Was hawking fruit. Stayed with a brother-in-law at Gladstone and went home to Wniuta the other nights. Tni C'ollins deposed he worked on the dredge at Dungaville. Came from Picton. Arrived on 10th. July. Was at Picton for 22 years. Came to Greymonth 10th. May and resided at Union Hotel. His wife accompanied him. Arthur John Evan, loco fireman, deposed h? knew Francis William Foster. fireman. Evan came to Grovmontli on 14th. July. Prior to that was stationed at Blackball for a number of years.

E. Austin deposed be was an hotelkeeper. Came to Grey 2nd. July. Knew Emily and Florence l{cid and Florence llieliards. They came to Greymonth on Hull. July from Wanganui and remained until Ist. September. Emily Reid went back to Wellington on flth. September. Tbo other iwo went to work at Rapahoc on the 3rd. September and remained till six weeks ago. Arthur Hibbs deposed he. knew George Walter Rvau who came from Christchurch on 20th August. 1025. He had never been on the Coast before.

Anthony Devcseovi deposed he went to Blackball on August 3rd. Was not there in July. Was two mouths at Lake Kanieri before August. Stayed at Blackball when he lirst went, there at the Midland Hotel. Don’t remember seeing Mills at Bake Kanieri at the tourist cottage. James Malcolm Gray deposed he was an engine-driver. Wifli his wife he lived at Cobdcn from the beginning of February 1925 and had his home there ever since. Was on the Westland Roll as residing Thompson St., Greymonth. William McGrath deposed he was a carpenter. Worked at Otira till April. Went to Arthurs Pass to work about 21st April. His home was at Otira. Remained at Arthurs Pass off and on. llis wife was hatching with witness at Arthurs Pass. They have a home and a garage at Otira (abandoned). Sarah Rathhurn deposed that Constance Rathhuru was her daughter. She left Greymonth on 20th June on transfer to Wellington. Stayed there ten weeks then went to Xow Plymouth where she has remained since, except for a holiday in September. Emma- Taimii, Arahura, deposed she was a widow. Had a son George Henry Taintii. who voted at the Maori election at Arahura in November. Her son’s name was on the Westland Roll. Knew Joseph Koefi was ill in hospital. His father’s name was Robert Flucty and his mother’s Koefi. Fluoty was a half caste and the mother a fullblooded Maori, Lilias llareourr deposed her name was s]it-!t with one "I " and their daughters with two “ I's.” Her name was on the Westland Roll and by a mistake she was ruled off and marked transferred to the Wellington Roll. The succeeding name. Lillias llarcourt, was left on. It was that of her daughter who went to Wellington. On election day presented herself at Koitcrangi and asked for a voting paper. Was told her name was scored off the roll. Made a declaration and voted. Mr Coles, recalled, stated that Julias llarcourt voted on declaration. He disallowed the vote on the grounds that the name had been ruled out. The mistake arose through 3101 applying for it transfer to Wellington roll and the registrar at Wellington North in advising the enrolment of 31(51 stating the roll number was 31(50. saying please remove from your roll Lilias Ilareourl. K.oiteraugi, married. 11c had not these facts before him tit tbo time of the poll.—Accepted as a pure mistake and the vote was allowed. AFTERNOON SITTING. CREYMOUTH. March 8. The Court resumed at 2 o’clock. Harry Fonry (imposed he voted at 11 otoniami. His wife resign I :it Wonlston (Christchurch). H,> had been living at Rotomauu for 8 or 9 months last year—Admitted not proved by Mr Joyce.

Alexander Fleming, settler, TCokatahi deposed Ruby Jane Fleming was his daughter. She was residing at Geraldine. She left Hokitika in April

for Christchurch for a week or two. came back to Hokitika for a week then wont back to Christchurch for a week or two, and thoncc to Geraldine, and since then lias remained there. Left Hokitika last a month or 0 weeks after April. Then stayed at Christchurch a couple of weeks and thence to Geraldine. To Mr Murdoch- Left about the middle of April. It may he after Ist July that she left the Kord.s to go to Christchurch, and she stayed there a week or two before going to Geraldine. It may have Ikhmi more.

Edward William Kane. Clerk of the House of Representatives, deposed he produced the papers of the "Westland elected, received under seal from the Returning Officer. Henry G. F. Coles, Registrar of Klotors for Westland district and Returning Officer for Westland Election, held in November Inst, said he produced cards for registration of electors. Various registration cards were produced. The Roll used by the Returning Officer at the official scrutiny was produced. The name of .lames Neilj -on was shown'thereon as that lie did not vote. A number of absent votes came to band that were not allowed on various grounds. He ruled they were all informal. The papers are marked with tlm reason For disallowing.

His Honor here raised the point if i In" decision of the Registrar ol Electors as for or against the validity ol an absent vote, could be appealed against. Mr Joyce held it could, and this position was conceded. Mr Coles, continuing, referring to wliat was known as the Bullet' votes, said by some means, six electoral and six licensing votes went to Muller instead of to Westland. They were subr'qeuiitly rejected because there were no declarations sent with them, imr could the Riiller Returning Officer trace them.

In reply to His Honor Justice Ostler, Mr Coles said lie did not know who vot<?d on those- papers. There was nothing to show who had voted. His Honor said they could not consider the votes, beeaui' there was nothing to show that the persons actually were until Cal to vote.

Witness did nut receive any telegrams from the Returning Officers in regard to the six votes. 'I ho tv? were no counterfoils or declarations only the ballot pa pel s in the envelope. Ho examined the ballot papers and found that one was made al Christchurch Fast booth I. consecutive No Id: Nelson booth 9, consecutive No. 75; Riccarton booth 27. No. fill; Kiliapoi booth 1. No, 82: Wallace booth Ilf. No. 12. One was without a stamp. He believed then:* were two I’nTTer votes found in the Westland count.

Tn reply to Mr Joyce. His Honor said the Court wore not going on a roving commission to look for votes to see if any had lout erroneously credited to the other side. They presumed that the Returning Officer had carried out his duty to the best of his ability.

Mr Joyce ashed the Court to rule on the claim.

Mr Murdoch objected, ami then Mr Joyce askjjd leave to withdraw paragraph 1 I of the claim.

.Mr Murdoch then asked that paragraph, 1 1 and 12 he withdrawn also, in view of Us? witluirnwni of paragraph LI, ns the particulars mpiired had not heon supplied as the regulations required.

His Honor said they would hold over paragraph 11. I.ut paragraph 12 .should go out. tlv>y thought.

Mr Joyce claimed that all the informal votes should In examined In see if they should have been allow'd. His Honor said Mr Joyce was asking the Court to review the votes east and allowed to see if th.'re were any informal votes. That would mean a review of the whole of the votes east.

His Hoimr asked that the question of a recount he left to Ihe Court In decide. Mr Cole-, i mil inning, -l ati'd there

were tv.n voting | users w ith initials thereon, and one with '‘Too Irish,'’ which were allowed. Tlieio was a voter named Alice .1. V. Dunn, who voted at Blue Spur; George Hodgson Hareotirt, who voted at 11iinij.lireys. To Mr Murdoii —As regards “Too

Irish, ■’ there wax nothing to show the personnel (i f tile voter. The ballot paper was only handled by ilie 1)0puty Returning Olli.or am! himself, lull icing marked. lie exhibited il to llie scrutineers when lie allowed it. The scrutineers did not 'handle the p.atie!-. » Inch v.;is lidded up. To .Mr .Murdoch- In regard to four ahsent votes disallowed, Isabella M. Drown, signed the declaration with her surname only. Sara Caroline Wallace made the declaration on her married name, and she had not notihed her marriage. so the two signatures could not lie compared. Jeremiah .McCarthy seur. deposed ho resided at (trey Hospital. I.olt BtiHv.alter about I months ago. Caine from Westport to Stillwater and stayed Id or Hi months. While in the hospital lii.s name was put on the Westland roll. He eurne from Stillwater to the Grey Old Peoples’ Home. To Mr Murdoch His home was on this side of the Arnold river. Constable Honors of Brunner, nave evidence that McCarthy’s hut at Stillwater was in the Buller electorate.

"William Henry Hansen deposed lie was a clerk at Greyinoiith. He knew Christina Florence Chevcrton.

Maurice J. Thompson. Secretary of

he Grey Chari table Aid Board depos

ed Jeremiah .McCarthy was admitted to the Old Peoples’ Home on 21st. Sept. lf)2d from Stillwater.

hdward Henry deposed he was an electrical engineer. Apnos Henry was his wito and flotmrt Henry was liis

•on. He came to Greyninuth on 19th June. Was. enrolled on Oth. August al«o his wife and son.

William David Murray deposed lie hied at Col.den Hill on 2(ith. June, "hen he came to Greynioutli. His wile al-> shifted at the same date. Applii at ions for enrolment were put in on loth, ./ulv. 1925.

John C harles Howry deposed he applied for registration on 20th. Feb. 102.1. lie applied to vote at, luclihonnie on a declaration. He was told he ua,- not on the roll. His vote was rejected on the grounds of a difference in name, being Hawr.v on the roll. His home was at Moana. hut for the last t'.w> years he had been roaming, but always in the Westland district.

In reply to a question by Afr Murdoch as to why he did not look on the roll, Afr Justice Stringer said it was the first time it had been suggested that each voter had a roll in his pocket to show he was on the roll.

Tu regard to a number of notifications hv Afr Joyce not to proceed with them, AH- .Murdoch asked that these objections he accepted as proved. His Honor disagreed with this course, but agreed that Mr Afurdoeh be allowed to rail evidence on these dropped by Afr Joyce, il he .so desired.

It was agreed that the absent vote ol Henry S. Holmes, disallowed. I;e allowed to stand, both sides being agreeable to this course.

This closed the petitioner’s ease with the right to rail several witnesses, who wore not available that day.

Ihe Court then adjourned at A. 20 p.m. till 9.50 a.m. next dav.