TAUMARANUI SEAT.

Taranaki Daily News, Volume LVII, Issue 222, 26 February 1915, Page 5

TAUMARANUI SEAT.

VOTING BY SOLDIERS. WHOLE PROCEDURE LOOSELY CARRIED OUT." HESPOXDEXTS CASE OPEXED. J" ! "'" ! , Te Kuiti. February 24. ' •During Wednesday's hearing of the election petition in which Charles Kendall IVVilson, the "Reform" candidate, seeks to upset the election of William Thomas Jennings for the Taumarunui seat, and before the hearing of evidence was continued, Mr Johnstone mentioned the point raissd the previous day in connection with the lateness or not of tlis lodging of the petition. Counsel gave it at his opinion that any motion to have the petition rsndcred void on account 'of lateness should have gone b"fori> the Supreme Sourt. He doubt'ed whether the Election Court had the jurisdiction to decide the point. Mr Jius'tiice Chapman-, pointed out l ''nt the Election Court certainly had ''■-'"diction to deal with matters raised before it. Mr Johnstone said he was taking as his precedent the Wellington election ""■se, but Their Honors disagreed with the contention raised.

Francis Edward Li-mb, town clerk of Te Kuiti. and deputy-returning officer "+, the principal booth, said that a man bad applied for a voting paper during the morning of the election. His name, however, was not on tho roll, and the '•TiiK'st ""as refused. Some time afterwards Mr Jennings asked witness why the vote bad been disallowed. Witness to'd him that his name was not on the roll.

Mr Finlnv: "Why did you refuso the man the right to make a declaration?" Witness: "I told him to fro to the cbiff returning officer, Mv Schramm." Mr Fiulav: "Bnt you knew the AeV Provided for declarations being made. You knew you were wrong in refusln"." Witnesr. ''WV.bad, no Justice of the Peace in our booth." Mr FWOay: "You knew Mr Jennings was a -T.P., and that the man was mv. pared to ma'™ a declaration. Sur?lv as a r"sponsible officer you could not ref'iso the renuest." Witness: "Wo had all our work cut out to get through." . EXPEDITIONARY FORCE VOTES.

.Tames E. Hall, officer of the Electoral Denartment in Wellington, paid that he had. conducted the polling by members of the expeditionary forces at Pal meraton North on September' Sib., 1914, at. Simon, on October 12, 13. 14, and 15. at Trentham camp on December 3> - d. awl on board H.M.S. Psyche and troonship No. 15 on December 2nd. The, lists of (soldier voters he obtained from the Chief Electoral Officer who had in turn received them from the various registrars.

At this stage Mr FJnlnv interposed, pointing out that the Expeditionary ■Forces Voting Act provides that no irregularities in connection with the aoec ial polls could invalidate the pollino:. Hfl took it that if a man voted who was not really entitled to do so, such would be an irregularity. The'v Honors took note of the point raised.

Mr Johnstone to witness: 'ln this list of Taumarunui members of tlio tnr~* thern are several names without addresses or, initials."

Mr Justice Cooper: "That would be art irregularity covered by the section of tlie Aet which Mr Finlay has mentioned."

Mr Johnstone: "I submit that the addresses attached to some of these names show that the voters lived ont-sid-1 thi« electorate. Moreover, here are whole rows of names without addresses, and some even without an iniUol. Tf'.ve ; q ()ne voW who is merely named Henderson, without anything else." "LOOSELY CARRIED OUT."

Witness contended that one. of the questions submitted to the soldiers was: "What was yoin- • full residential address the immediate day before you joined the force?" Witness issued full instructions to his deputies on this noint, and electoral mans were at hand in 'each booth to establish the electorate in which the intending voter should he entitled to vote. »

Mr Johnstone: Have you any explanation why no addresses are given in some cases?"

Witness: "The only explanation I can offer, and it is.only assumption, is failure on the part of the deputies to tales the addresses."

Mr Justice Cooper (after inspecting the list of Taumarunui soldier voters): "Apparently the deputy ait the Auckland camp took no addresses at all." Witness: "It appears so."

'Mr Finlay, "Were regulations made under the Expeditionary Forces Voting Act?"

Witness: "Yes, they were made by His Excellency, and appeared in the Gazette on September 3rd." Mr Justice Cooper: "This is rather extraordinary. The Act was not passed till September 4th, and regulations were issued on September 3rd." Mr Johnstone: "The whole thing seems to have been loosely carried out." PETITIONER'S RESIDENCE.

James Boddie, Mayor of Te Kuiti, said that on the polling day Mr. Jenrings had approached .him and complained of insufficient accommodation for votc-rs in the main booth. Witness replied that he would see Schramm and have the matter remedied. He had held no official canacitv in connection with the election, but he supported Mr Jennings approached him because he was Mayor of the town. Mr. Finlav (to witness): "Where was Mr Wilson living prior to the last 'election, sai- back to the beginning of last session ?"

Witness: "I liad occasion to try to get into communication with Mr. Wilson on numerous occasion's, and I always found it difficult to reach liim." (Laughter.)

Mr. Finliv: "I find it difficult to place Mr. Wilson, too." (Laughter.) "Isn't it a fact that Mr. Wilson and his wife lived up till quite recently at Levin:" Witness: "It would he a most difficult matter to sav where he lived." With one. reservation to fret evidence that Mr. Jennings' name did not appear on any other roll, this closed the case for the 'petitioner.

CASK FOR MR. JENNINGS. SCRUTINY OF VOTES OPPOSED. Mr. Finhiv opened the. case for the respondent at 11.30 o'clock. JTe said that the most serious allegation in tiho petition related to the discrepancy' oE 305 in the number of ballot-papers. On this point they had the evidence of Mr. illodgkins that the failure of a returning officer to mark off on the roll all the ■persom who voted was a common occurrence. Therefore he would ask for the amendment of the ■petition so tlhat a ■scrutiny should not he asked for. He could bring the evidence of numbers of persons who would swear they had voted, ■but whose names were, not struck off the marked rnlk Not "nl- in thi<= v»v would the. 305 persons be accounted for, hut the alleged cases of <lnnl vot<"e: could lie accounted for hi- b'nicrin'j the evidence of persons with similar names.

had "been' the Legislature wisiied to. secrecy of the baUot-papbrs 1 to" most extent. ■, . '•;"? Mr. Justice Cooper: "You heard Mr. Justice Chapman say a couple of day*,.' ' ago that the opening of the bailot-pape.'a would be the last resort." . - Mr. Finlay: "I thank your Honor for reminding inc. I therefore bubmit fciiut. a scrutiny is not necejsary in view,of the evidence tiliat will be brought 10 v comibat t'h<) allegations made in the petition." The question of whether Mr. Jennings was legally a candidate was a. matter for legal argument. He took it that the court would not order a scrutiny unless there was sufficient rea- ; son to believe that Mr. Jennings' majority could be npict. U the allegation* in the petition were proved, and all the votes questioned were given to t'"ie ■petitioner. 11 r. J( nnings would still have u. majority of ■>«. The result of the scrutiny would be ineffective whatever happened, ft "IRREGULARITIES OF NO EFFECT:*- ' i

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Continuing, Mr. Finlay said that cer-. ' ; ;';i tain 1 irregularities '..had 'been alleged'.;itißfoifKi connection with the Mahi.rak.au ;boot l i i ?:::;;:|||| This'was at a town where railway, era lived, and witnesses for the p*titioiiS!Sl| bad admitted fiat no irregularities likely to -lave altered 'the' ■voting," went so much against Mr.'Wilson. v T;)K : :;;«is|j| voting was:'Jennings 16fi, Wilson 113. Ais? r '' ::; S||| Ctorohanga, also a railway settlement, where the conditions 'wm#k|' ; j||l

exactly similar, but where no irreg:- ,* lurities were alleged, the voting was>: '; Jennings 90. Wilson 18. Regarding tho allegation that Crawford, who assisted Wells, the deputy-returning officer, \[ during a rush at the Brixton booth, wa3 ' '?• an agent and a committeeman of Jen- ' . nings, this was a sinister suggestion, o? ** .■' something wrong having been dons. '..-\ The other side had brought no evidence .- ; ." to that effect. NO EVIDENCE. Mr Justice C'ooner (to Mr Johnstone,': , "You have no evidence of that;" '*? Mr Johnstone: "I admit that, Your , ■•>. Honour," , , , '"

Mr Justice Cooper: "Then we ncei not bother any more about that para- '•.' graph in the petition." • \ Mr Finlay continued that Mr Jennings , .' admitted having gone into the booth nt- .'■- Te Kuifi. but be would point out that i.'i in England a candidate had the right- to ' .'. go into a polling booth ' : 1 J Mr Justice Cooper: "Is ho allowed to remain?" A.

Counsel: "Yes, as long as lie does r.ot ■ '* talk." . .: Mr Justice Cooper: "The New Zealand Act says tliat no person outside thoso " '• '. voting and the electoral staff shall re- " ! { main in the booth."

Counsel: "Yes, T don'tquote the Eng- , ,; lish Act as an authority, but thf wit- ',, nesses for the petitioner'have distinctly "'' . said that Mr Jennings's presence could ,'■ not affect the voting." , ' y Counsel: "That is so. I emphasise that point, as som P sort of a guide to ,'"'' Your Honours.' - , As for tile man Young. '"' V" Mr" Jennings would show that he was not ,"J Ins agent, but that the respondent had f l * gone so far as to say that if Young- :'■. persisted in working in the Liberal in- ',;■ tvest lie would not be a candidate at this-.' ' f s ! election. Mr Jennings wrote to his -M Liberal friends to that effect. Mr Justice Cooper pointed out thai % loung had been responsible fo; 1 000 per-" -f----sons' being placed on the roll. Evident ' , had been given that four :l:iims 4ad '' ' : been wrongfully attested by Young and that left a taint on the remainder. He . ■' mentioned the point because ihe Ber wanted Mr Finlay t» advise them on it. . ;■ U<i did not want to make any comment ■ 1 on it, but simply draw counsel's atten- '' ■ tion to it. ■ ,' Mr Finlay reserved his remarks oil '■> the subject till the summing up. ' >'-' INSPECTION OF COUNTERFOILS. . ' '?* At this stage, Mr Justice Cooper saif» that he thought they should follow the ' - course adopted in the Hawko's Bay eftao '., ! ' V. and have the counterfoils of the votinir* ' papers examined. This was an oppor- :; t'.ne time, in the Bench's opinion, for '••■' si ch a course, as something might bt) 'r. uncovered wl.ich would materially asfcist : <: "I d< riding tin- case. . .",'' The Court thereupon adjourned fos '.'-•• thii'c hours to enable this to be doni. ■*" Tlie t-crutiny of the counterfoih was car- '•'"■• , red 0 "i, bv M- T-rr- re<n«it--.r ot «'•'. t tors at New Plymouth, in the presence .. ; of counsel and scrutineers from cithor '" side. ' ' ' AD TAUMARAUNUI C. 6.. fl.. «.. .

Put before eJnnings' Caose ..ON*6.. .1. '.'•'. Francis Peacock Corkill, accountant ','.', and notary, Nsw Plymouth, said that "■■* he had known Mr Jennings for, twenty ' .»'* years, and his family had lived in Cour- »' -*! tenay street, New Plymouth since 1900. 't" After the recent election Mr Jennings ;; returned to New Plymouth. ■ ' '-' Mr Finlay.! D 0 you know that Mr & Jennings was travelling in this end of ' ,'*' the electorate for the Auckland Star?.? . '''•** Witness: I heard so, and electioneer- > s'' ing as well. ;' '" Mr 'Finlay: Be fair. ' "' Witness: You asked rnc to tell you ' '''- what I had heard. Mr Finlay: Did you hear that he ']' was also travelling for some other newspaper in'the Waitara end of the elec- .' . torate? Witness: No. •' * Mr Finlay: Then you don't really ' \ nretend to know what Jennings haa been doing for a livelihood lately? Witness: No, not in th e last three ' *'■ •years.

Mr Finlay: Oh, a nasty insinuation that he has been living on his stip°nd' • before that. (Laughter from the back). J Witness: I did not suggest so. , " ;, Mr Finlay: That is certainly what ' '.-"' you seem to think. Witness: For tßat matter Ido think ?■';■ so. (Renewed laughter). • . ; Mr Justice Cooper (curtly to Mr Finlay) : There is no jury for tin's, you .'- know. You can onlv do it for - tha, 'I ' laughter of those at th R hapV. Mr Finlay dropped the subject. The witness: I had no intention of insulting Mr Jennings, Your Honor.

THURSDAY'S HEARING. The evidence of several witnesses fai • respondent was taken showing that they had voted once. Mr Jennings gave evidence that he had been living practically for three years in [■ Taumarumii electorate and earning hU living therein.

Te Kuiti, Last Night. Mr Jennings, continuing his evidence * said his wife had endeavoured to sell .; the property in New Plymouth,'hut had withdrawn it owing to the small offer. His wife resided in New Plymouth to en- . ; ,*. Mile the younger children to he educated.' '•■ Witness had endeavoured to purchase, a \ .house in Te Kuiti, but was unable, ta finance it owing to the war. Witness :• owned a section in Ohura. He came into "',' the electorate on October 7th or 9th 10 ' start bis campaign, and was continuously in the. electorate till November 15. Wit- :-■- ness had set up no committee. He was i aware that a Liberal and Labour Federation existed in the district, hut he, had { PBl[ OJ| attended one of the meetings of the ..; Federation at Taumanimii with Mr Charles Ryan Witness' connection with

Young started by Young teleirranhing i witness to stir up the electoral officr, ™

who would not give him forms. Youi.f* } ] was not asked by witness to hcK Young not not considered a leading I/b-ral in the town. He would consider How-arrli such as the president of the Liberal ;,' (Continued on Page S.)