ELECTION APPEAL

Rotorua Morning Post, Volume 1, Issue 202, 19 April 1932, Page 5

ELECTION APPEAL

(Press. Assn.-

rangitikei seat defeatei) candidate pleads alleged corrupt practices court hears petition

— By Telegr.iph— Copyright).

MARTON, Monday. An Elect:on Court for the triql of the petition pf James Thomas Hogan against the return of Alexander Sfuart as member for Rangitikei at the last election was opened Jn the Marton Courthouse to-day, before the Chief Justice, Sir M. Myers, and Mr Justice Reed. 'The petition charges Stuart with tbe corrupt practice of brihery. In addition there are allegations: TJiat certain persons voted at the election whose names had been illegally placed on the roll. " .Thqt certain ballot papers cast in favpur qf the petitioner were erroneously rejeeted. That some of the polling booths in the electorate closed before 7 p.m. on the day of the election. That certain agents of his opponent, who were not duly appo-'nted scrutineers, were unlawfully in and about certain booths on election day and unlawfully interfered with certain voters. That certain other irregularlties occurred on the polling day. On these grounds petitioner hases , his plea that the elect-'on should be upset, and that he and not Mr. Stuart should be retux-ned to Parliament. Voters' Evidence William J. Bowman, William Ashby and his wife,' Peter' Grogan and his wife, and William Broderick and his wife gave details of having voted in Ilangitikei. yyhile residents for longer and shorter periods in neighbouring electorates they were on the Rangitikei roll, having previously resided h'ere. . Tne remainder of the morning was taken up with hearing further witnesses, who had allegedly resided in other electorates at the time of the election bnt who voted in Rangitikei. There are 19 further witnesses either resident on or near the boundary cr who had left the district prior to the election. In two cases the objections were. withdrawn and in one case the objection was ruled out by the Bench. The chief proceedings in the afternoon were the hearing of evidence relating to the alleged closing of the Murimotu pooling booth at 6 o'clock instead of 7 o'clock. Two ladies intimated that they had gone to the booth between 6 o'clock and 7 o'clock and were unable to vote. Pne man said the results were posted np between 6.15 p.m. axjd 6.45 p.m. Chief Justice's Criticism The remainder of the afternoon was devoted to hearing evidence regarding disallowed absentee votes. The Bench would not agree to scrutinise the votes until evidence was produced that the scrutiny was necessary. Mr. Hogan's scrutineer at the Magisterial recount said he ohjected to certain votes being disallowed, but admitted to having agreed to the ruling of the local bank manager in cases where the writing was questioned. The banker had ruled the votes out. The Chief Justice strongly criticised wliat he termed a breach of an honourable agreement hy now coming forward and asking that the votes he allowed. Certain votes which had also been disallowed because a cross had been placed beside the candidate for whom the voter desired not to vote, were argued to be eligible by petitioner's 'counsel. At the adjournment, the Bench had not instructed whether a scrutiny of the vqtes should be made. Less than one-half of the 85 witnesses subpoenaed have been heard. To-morrow-s proceedings, when the Imbery charges are to be heard, promise tp h(e more interesting.