TAUMARUNUI ELECTION PETITION.

King Country Chronicle, Volume IX, Issue 749, 27 February 1915, Page 7

TAUMARUNUI ELECTION PETITION.

Percy Ellis, farmer, of Kio Kio, acted as scrutineer at Kio Kio. A man named Edward Jackson voted at Kio Kio. Jackson was not personally known to witness, but he was the only stranger who voted at the booth, so witness remembered him. Clyde E. Phillips, land agent, Otorohanga, was tally clerk, for the Reform party at the election. Witnesa was in a position to see what transpired at the booth after four o'clock in the afternoon. The hall was crowded. John R. Graham, auctioneer, Te Kuiti, was on outside duty at the courthouse booth on election day. Saw Mr Jennings in the booth after lunch. Only saw him once in the booth. Pitcon, carrier, at Te Kuiti, said he saw Mr Jenning! on election day come into the courthouse. He spoke to some ladies in the building. On election night witness heard Mr Jennings address the crowd. He thanked a number of people for helping him. Somebody asked him what about J. B. Young. He said "Yes; also Mr Young." James Davidson, Mahoenui, stated he voted at Mahoenui schoolhouse. He did not know any person the name of John * Cole Davidson, of Waitara. Clara Smith, Pio Pio, said she voted at the schoolhouse and did not vote anywhere else. Jaraes Wall, farmer, Te Kuiti, said he took a prominent interest in politics on the Reform, side. At the time the war broke out.it was agreed in the House that no organising was to be carried on. On his return to Te Kuiti from Wellington, he saw Mr Young, because he was recognised as the leading man in the Liberal party at that time. Was at the main booth in Kora street and noticed a tent outside the booth with the words "Mr Jennings' Committee" printed on. Mr Young was frequently in the tent ana apparently was field marshal. He was very active during the day. Witness saw Mr Jennings at the booth, and also saw Mr Jennings in the booth. He had not been assured by the representative of the Licensed Victuallers that Young was not working for Mr Jennings. Robert Petch, farmer, Mairoa, said he voted at the election, and only voted once. G. Stuart Jameß, architect, Te Kuiti, gave evidence as to seeing Mr Jennings at the polling booth and hear him demand papers for voter,s, saying he would wire to Wellington.

F. Edward Lamb, deputy-returning officer at the Municipal Hall booth, Te jjuiti, said he refused voting papers to a man whose name.was not on the roll. Mr Jennings notified witness verbally that the man had declared to him as a J.P. that he was entitled to vote. The_man did not ask for a declaration form. James J. Hull, an officer of the Electoral .Department, said he- conducted several polls in connection with the Expeditionary Force. The Btepa taken to check the correctness of the voters' residential qualifications were asking for the voter's address prior to joining the force. Deputies had to feel satisfied that the addresses given were correct before ballot papers were issued. If any doubt existed the name of the elec torate was to be confirmed by the Departmental maps exhibited in the booths. Most of the addresses, were excluded from the Auckland camp owing to the deputy not filling them, in.

James Boddie, farmer, and Mayor of Te.Kuiti, gave evidence aB to Mr Jennings complaining of insufficient accommodation at the booth oh polling day. Witness saw Mr Jennings at the booth in conversation with an elderly lady. Witness , knew Mr Wilson had an interest in a farm at Pio Pio.

Counsel intimated thiß closed the case for the petitioner, but was allowed to re-open the case to prove that Mr Jennings was not on any roll in New Zealand other than Taumarunui. CASE FOR RESPONDENT. Mr Finlay, in opening the caße for the respondent, said the first aerious allegation was that there were 315 ballot papers in excess of the number marked off on the roll. Mr Hodgkins admitted this was an uncommon, but explainable, circumstance. He was in a position to call witnesses to swear they had voted and their names bad not been marked otE.on the roll. He claimed the Court should order the checking of the counter-foils. He was prepared to nrove that out of some six allegations made there was only one that any doubt might be raised upon. The question of Mr Jennings' right to vote was one for legal argument. The Court, he felt sure, would not order a scrutiny unless the chucking of the counter-foils encouraged the idea that a majority for Mr Wilson over Mr Jennings would be establised. Concerning the allegation of over-crowding and lack of privacy at Mahirakua, they had the evidence of the deputy-returning officer that no matter what irregularity might have occurred at his booth no alteration in the result of the poll would have taken place. In proof of this they had the vote taken at Okahukura from the same class of voters as were at Mahirakau, which was absolutely in favour of Mr Jennings. Counsel referred to the fact that in England a candidate was allowed'jn the polling booth. Mr Justice Cooper said the satute in New Zealand cjearjy denied the right to any person remaining in the booth except the officials. His Honour also drew attention to one particular part of petitioner's claim, in that it had been proved four claim forms had been attested by Mr Young without these having been signed by claimant, and evidence had been given that some twenty forms had been presented, signed by Young as attesting witness, and not signed by the claimants. Continued on page 5.