CHARGE OF PLURAL VOTING AGAINST THE HON C.J. PHARAZYN.

Lyttelton Times, Volume LVII, Issue 6509, 6 January 1882, Page 5

CHARGE OF PLURAL VOTING AGAINST THE HON C.J. PHARAZYN.

[Pbb Fbbss Association.J WELLINGTON, Jak. 5. At the Supreme Court to-day, the Hog Charles Johnston Fharazyn was indicted on a charge of personating at the general election for Thorn don, by applying for a second voting paper in his own name. Defendant, who pleaded " Not Guilty," was undefended. Mr Gordon Allan* appeared to proseoute. The evidence for the prosecution showed that Mr Fharazyn, after having voted at one booth, applied at the second for a voting paper which was supplied to him, and having filled it tip he deposited it in the ballot box. In defence Mr Fharazyn explained that his voting at the second booth was a mistake. He entered the booth for the purpose of voting for Mr .Johnston, a candidate for the Te Aro electorate, and on receiving the voting paper he struck out the name which was not Mr Johnston's, and left under the impression that he had voted for that gentleman. So soon as he found out his mistake he did his best to remedy it. His Honor summed up briefly. He said if the jury came to the conclusion that defendant had committed an act whioh the Legislature specified as an offence, it was their duty to convict him. It was quite possible for them, however, to return a special verdict should they consider the circumstances justified such a proceeding. After a quarter of an hour's deliberation the jury returned with the following verdiot—''The jury find that Mr Phorazyn having voted once at the election for Thorndon, did apply at the same election for a voting paper in his own name, bat so applied under the impression that he was voting at a different electorate for another candidate, and they believe the mistake was honestly made." Mr Pbarazyn contended that tho verdict amounted to one of "Not Guilty." The Chief Justice and counsel for the prosecution thought differently, and eventually the question was reserved for the Appeal Court, Mr Pharazyn being admitted to bail on entering into his own recognisance of £6O to appear for judgment when called upon. [ Great interest was manifested in the case.