THE STRATFORD SEAT.

Taranaki Daily News, 16 March 1920, Page 6

THE STRATFORD SEAT.

PETITION AGAINST THE ELECTION >_ ; , MOVE TO UPSET RESULT .* ■- ■ ■ - , FIRST DAYS HEARIHO The hearing of the Stratford election petition opened at Stratford yesterday. The case concerns a petition 'by Mr. J. B. Hine (formerly M.P. for Stratford and a member of the Cabinet) against the return of Mr. Robert Masters as member for the district at the general elections on the grounds that Mr. Masters (or his agents) was guilty of corrupt practices, by providing a moving picture show and music prior to an address delivered on December 10, and also that a large number of persons who voted for Masters were not entitled to be registered as voters.

The Chief Justice (Sir Robert Stout) and Mr. Justice Chapman presided. Mr. M. Myers appeared on behalf of the petitioners (Messrs. W. H. H. Young, George Hall, and J. B. Hine); and Sir Join Findlay, K.C., represented Mr. Masters.

A COUNTER PETITION. The petition, as already published, was presentedA counter petition lodged by Sir John Findlay on behalf of the respondent alleged:—

ALLEGATIONS ABOUT VOTES.

Mr. Myers: I care not whether the amount is large or small, but I contend that the mere fact of the payment of the orchestra was an illegal practice within the meaning of the Act. Referring to the allegations regarding the votes of persons not legally entitled to vote, Mr. Myers said that the votes of fifty persons had been assailed, but he could not say how many of these persons would be actually proved to be aliens and not entitled to votes. There were difficulties in the way, and it was quite possible that a number, N of persons whose right to vote had been challenged, would be proved to have that right- He and the counsel for the respondent had agreed for the purpose of saving time to accept the Government Statistician's figures in regard to the registration of aliens in the electorate.

(1) That a large number of persons whose names appeared on the Stratford Electoral Roll were not qualified or entitled to be on the roll, and their names were illegally placed or retained on the roll; further, a number of such persons were admitted to vote, and did vote in favor of the petitioner, John Bird Hine, and their votes should now be struck off the poll. (2.) That a number of persons who were disqualified to vote by reason of illegal incapacity, and being prohibited by law from voting were admitted to vote, and voted for the petitioner at the election, and their votes should now be struck off the poll.

Another point, said counsel, was that a number of ballot papers—he did not know how many—had been placed in - the ballot box without the voter's number entered on the counterfoils. This was a serious matter, and made it impo?sible to recognise the voter in a scrutiny. As it was impossible to count these votes in a scrutiny, he held that in the event of the number being in excess of Mr. Masters' majority, then a new election should be held. Then, at Stratford and Inglewood there were more votes recorded than the number of persons struck off the rolls as having voted.

■ PETITIONERS' CASE OPENED. Mr. Myers, in opening the case for the petitioners, contended, firstly, that there had been, corrupt practices, and secondly that certain persons had voted who were not entitled to vote, accord 1 ing to section 169 of the Legislative Act. The petitioners would show that serious irregularities occurred, and further that sucli irregularities affected the result of the election. The onus would be on the respondent to prove that any irregularities alleged did not take place According to section 212 of the Act, the votes of any persons proved to | have been bribed should be disallowed. It would be immaterial in such cases who the persons voted for.

Sir John Findlay: That is due to carelessness of the deputy. We had hundreds of such cases in the Hawke's Bay case.

The third point in connection with the. irregularities was that there was a number of ballot papers—about 2:l— - not boar the Returning Officer's official mark. If this was the only point, and the initials of the Returning Officer were there, it would not carry him very far as the number of ballot papers concerned \cas only 2", of which 14 were in favor of Mr. Masters? and nine for Mr. Hine.

ALTERNATIVE CLAIMS. Mr. Myers continued that in connection with the entertainment in (he King's Cinema Theatre, the petitioners asked that the votes of the persons present that night should be disallowed. The petitioners- took it that they would be entitled to a Scrutiny of the votes cast. If it was'held to be a corrupt practice to hold the entertainment, then the petitioner was entitled to the seat; but if it was held to be an illegal practice instead, the petitioners claimed that "they were entitled to a scrutiny of the votes on the other grounds of the petition. Replying to the Chief Justice, Mr. Myers quoted the Wairau petition as showing that corrupt practices as mentioned in Section 215 of the Legislature Act were held to consist of bribery, treating or impersonation. The principal act of which the petitioners complained was the picture entertainvent, which took place on the night before the election, and he contended that this had had a serious influence upon the election. It was not contended that that act constituted treating as within the meaning of Section 210 of the Act, because that would have to be committed on the day of the election, but he did contend that the fact of the entertainment being held on the night prior to the election was a corrupt practice.

The fourth and last point in connection with the ballot papers, was that there were four papers with a distinguishing mark on them. These should have been declared informal. The Returning Officer had counted these votes in, and they were all against Major HineMr. Myers said that the petitioners objected to certain classes of voters. The first class included 101 who wire present at the free picture entertainment and voted, and also four persons—Fox, Lichtwark! Vinsen, and Macalister—who were paid for their services as :m orchestra on the night of October 30. Clasp 2 consisted of 50 voters who were alleged to be aliens, and then there wore the > oters affected by the irregularities alleged in connection with the conduct of-the poll.

THE RETURNING OFFICER. Thomas Purcell, chief clerk at the Stratford Post Office, who is also Registrar, of Electors and Returning Officer, said that on December 24 he made a declaration of the poll and declared Mr. Robert Masters elected by a majority of 67, On January 6, after another recount, lie' issued another declaration, in which he declared Mr. Masters elected with a majority of 01. Witness had received a letter, dated December 23, from Mr. Davies, a scrutineer for Mr. Hine, drawing his attention to the number of ballot papers issued without the voters' numbers appearing on the ballot papers. At the recount he had passed those votes and at the Magisterial recount the Magistrate had also passed them as valid. He did not know the number, but he assumed that the number wr-s small. His explanation, although it was only an assumption on his part, was that the votes may have been recorded bv soldiers who had no numbers on the roll.

The free picture entertainment was given mi the night before the election, when the excitement of the public was at its highest, and considerable importance was attached to getting in the last word.

Sir John Findlay: I think it is usually the electors who get in the last word. (Laughter).

COMPETITION OF PICTURES.

Some little time prior to the election, added Mr. Myers, Major Hine had pencilled the Town Hall, Stratford. But' when Major Hine heard of the free picture entertainment being oifered by Mr. Masters, he decided that it would be useless for him to hold a meeting in the Town Hall as the public would prefer to go to the free pictures. He had therefore, cancelled his meeting at Stratford that night and had spoken at Inglewood instead-

Continuing, witness said that as the ballot papers bad the deputy's initials on the counterfoils lie believed them to be quite in order. With regard to the fact that there were more votes recorded at certain polling places than the number marked oft' the roll, the explanation to him was that the poll clerk had merely forgotten to mark the names off the roll. It was quite true that the number of persons whoso names were marked off (he roll at Tnglcwood as having voted was fifiil. Through a slip of the pencil by some one recording his vote a mark on Olio, paper had smudged on to other papers. It wai=, in his opinion, a fierman mark, but gave no indication of the identity of the voter. To Sir .Tolm Findlay: With regard to the four ballot papers on which the peculiar mark had appeared, there was nothing about (he ballot paper by which the identity of the voter could be revealed

Mr. Myers then read an advertisement from the Stratford Evening Post of December 15th and lOtli, to the effect that "At the King's Cinema Theatre on Tuesday night, a free picture entertainment Avould be given from 7.30 to 5.30, and that at 8.30 Mr. R. Masters would speak."- It was also stated in the advertisement that as the accommodation was likely to be taxed to its utmost, children would not be admitted. If

that sort of thing was going to be allowed in connection with the election of members of Parliament, then it was time that it was stopped. The advertisement in question was paid for by Mr. Masters himself,

"I pause to ask." added Mr. Myers, '■' where this sort of thing, if it is allowed to go on, is going to end. A wealthy caiididate could provide such entertainments for the public every night and lead the electors to believe that he was a generous and a liberal man.''

Witness had been able to account for every ballot paper received from the local printers, and every ballot paper that was used wai? issued by him. Regarding soldiers' votes and declaration votes there could be no roll number on Hie counterfoil, and in consequence these voters could not be identified. Thirteen soldiers' and declaration votes had been recorded at booths 1 and 2, and the number of ballot papers which he had seen with no roll numbers on the counter-foils was about, five. To Mj'- Myers: There should he something on the counter-foils of the ballot, paper? of declaration voters to indicate. that they were declaration vote*

The petitioners submitted that liic giving of the free picture entertainment on December Kith., the night before the election was n corrupt practice, and that tho payment of the orchestra for the meeting on October 30th was an Illegal payment. Sir John Findlay: Do you know how much was paid for the orchestra? It was fifteen shilling*

A SCRUTINEER'S EA T IDEN(TE. Alexander Norwich Davies, clerk, reBiding at Stratford, deposed that he had acted as a scrutineer for Mr. Hine at the official count on the day following the election. Witness bad come across quite a number of ballot papers on which the voter's number was not entered on the counter-foil. There was nothing to indicate that'the ballot papers were rotes recorded by fioldiers or on declaration, at least not in the papers he had seen. There were 41 votes struck off as being cases of dual voting, and four cases had been proved to be cases of actual dual voting and were struck off as such. The others were proved to be not cases of du:tl voting but dub to the poll clerks striking off the names in error. Witness had looked through only a few hundred ballot papers. Regarding the distinguishing mark on four of the ballot papers, he had noticed them and the mark appeared to be like the initials "J.S." It appeared just like a man's initials, and as far as he remembered, the marks were all in the same place He would not care to express an opinion on Mr. Purcell's suggestion that the marks were caused by smudging. The four votes were all recorded in favor of Mr. Masters.

Witness had been present at the King's Cinema Tiieatre entertainment on the night before the election. Prior to Mr. Masters' arrival two pictures had been,-shown. A big drama was cut off half-way to enable him to speak.

Mr. Myers: I suppose*the audience rather resented that? *

Sir John Findlay: Did you go to the theatre to hear Mr. Masters or see the pictures? Witness: I went to see the row! Sir John Findlay: What row did you expect?

Witness: Between the supporters of ihe two candidates.

Sir John Findlay: And you would, I suppose, bo part of the row?

Witness: Oh, yes, 1 took a share in it. (Laughter).

Sir John Findlay. And so the music and the pictures didn't decade you into voting for Mr. Masters,?

Witness: Well, I'd rather not say; I'm neutral on the matter.

To Mr. Myers: He knew that in the case of the ordinary voter the voter's number should he on the ballot paper. On the papers ho had referred to there was'no number anh that was why. he had niierried them, but Mr. Pureell' had passed them as being valid. John Banghall Richards, land valuer, living at Stratford, deposed that he acted as scrutineer for Mr. Hine at the Magisterial recount. He challenged 2.1 rowers, which had nn offir-Vil stamp, and all were admitted by the Mnshtrate. There were four other papers indistinctly marked, and these votes were also allowed by the Magistrate. «"

J. B. MINE'S EVIDENCE. John 13. Hine, the defeated candidate, said he intended to speak in the Town Hall, Stratford, the night preceding the election. He had received from the Amusements Company a letter, dated November 2(1, staring that Mr. Masters was to have the use of the Picture Theatre with • the programme and the orchestra on the night prior to the election and offering him the same privilege on any other night, but the offer was of no use to him as lip had pencilled the Town Hall. If Mr. Masters had wanted the Town Hall he could- have notified the Town Clerk, who would have made him declare if he wanted it. Mr. Hine said that owing to the meeting in the Picture Theatre he had on the previous evening cancelled his pencilling of the Hall, and spoken in tho Town Hall on the Monday, speaking at laglewood on Tuesday. He did not speak at Stratford on Tuesdav because it was common property, though it was not tlijn advertised, that Mr. Masters was giving a free picture; show, and this would have ruined his meeting, as people would have sooner gone to the free pictures. He had himself spoken in a picture hall, but no pictures were shown.

Sir John Findlay: Then we can begin With the elean-eut admission that you could not draw the crowd to> your hall against the pictures. Do you mean to say that as member for the district for so many years you were not able to please an audience as well as the pictures?

Justice Chapman: He might find himself in competition with Charlie Chaplin. (Laughter). Sir John Findlay: We can take it that the reason you did not speak in Stratford on-the night prior to the election was that you would get no audience against the pictures? Arthur Edward Copping, manager and editor of the Stratford Post, said the advertisement, headed "King's Cinema Theatre, Free Pictures." appearing in ,the Post of December 13 and .10, was charged in the hooks to Mr. Robert Masters' election committee, 'and an account of £sl 12s fid was sent out for that and other it-?ms.

directors. Mr. Robert Masters was also a director 'both in October and now. Mr. Ward was manager, but all the business was done through the secre- ( tary. To bis knowledge the company had never, prior to December 16th, let the Theatre for a public meeting. In October he received an application from Mr. Robert Masters asking for the use of the theatre on the evening prior to the election. This was considered by the directors on October 13th, neither Mr. Jonas Masters nor Mr. Robert Masters being present. It was then resolved that the directors were not prepared to let the hall for public meetings, but if they did do so Mr. Masters would have the first option. On Nov. I 24th., at a further meeting, at which I both Mr. Jonas Masters and Mr. Robert Masters were present, the question was i brought up, he thought by Mr. Robert Masters, who said that Mr. Hine bad the other hall. It was resolved that the- use of the theatre be granted to Mr. Masters for the night before the election at a rental of an average of the takings of the previous similar days of the -week; also the use of the programme and the orchestra, the same offer to.be made to the Hon. J. B. Hine on any other evening should it be -""quired. • Witness, did not know who "tested the use of the programme and orchestra; possibly ii was witness himself. He thought that Mr. Masters suggested that the programme and orchestra might be required. No authority was given to Mr. Ward from witness to advertise that particular meeting, and witness knew nothing nf the advertisement. Witness sent in the account to Mr. Masters, and Mr. Ward received the amount. To Sir John Findlay: Witness did not think for one moment that the picture company would promote the Interests of Mr. Masters as against Mr. Hine. He had been a supporter of Mr- Hine for years, and lie had no reason to believe that Mr. Master* had improperly failed to pay what ho owed the company. To Sir Robert Stout: The company would have charged just the same whether he used the orchestra and pictures or not.

To Sir John Findlay: There we're two advertisements <:f Mr. Masters' address in Stratford appearing on the date December 15—one of Mr. Masters' own. and the other the free picture 'Advertisement. Mr. Masters authorised Ilia own advertisement, 'whilst „ Mr. Ward authorised the insertion of the free picture advertisement, and from comparison he should fay the writing was Mr. Ward's. He knew personally of no authority coming from Mr. Masters to insert the free picture advertisement.

To Sir John Findlay: On returning from Wellington lie found a note dated February 22nd for Mr. Masters-

Mr. Myers: After the petition had been served. The petition was served on January 24th.

Quoting from the letter, Sir John Findlay read that Mr. Masters asked for the refund of 20s paid in mistake.

Mr. Myers objected to this. Mr. Copping said that after Mr. Masters had notified him of the mistake, re charging the advertisement, he had interviewed Mr. Ward, and as the outcome had refunded the amount to Mr. Masters and debited it to Mr. Ward. To Mr. Myers: There was no other special notice.'referring to Mr. Masters' campaign published in the paper on De-

ember 15th, The item in the account referred to the advertisement under discussion. The present position was tint they had repaid Mr. Masters and debited Mr. Ward. Mr flardiner, whom it was generally understood was Mr. Masters' secretary, had handed in other advertisements.

Charles Stewart Kelly, of the journalistic staff of the Stratford Evening Post, deposed that he could not, swear to having taken the advertisement in question, though it appeared to have gone through his hands.

To Sir John Findlay: The companywould have to pay for tho programme and orchestra whether they were used that night or not.

A HOSTILE WITNESS. Charles Henry Fox, professional musician, residing in Stra'.fwd, • said that he had played at the Town Hall on the evening of October 30th, for about twenty minute'.' prior to Mr. Masters' arrival.

Mr. Myers: Bid you play "See The Conquering Hero Comes?" ' . Witness: No; not then,! (Laughter). Continuing, witness said the orchestra was composed of himself and MessrsLichtwark. Vinsen, and Macalister. He was asked to go to the meeting by Mr. Macalister, who afterwards "paid him 15s. Of this amount he gave 5s to Messrs. Vinsen and Lichtwark. Mr. Macalister, as far as he knew, was not a member of Mr. Masters' committee.

Mr. Myers: Do you know Mr. W. H. Young? Witness: I couldn't forget him. (Laughter).

Mr .Myers s In what way couldn't you forget him?

Witness: Well, after the way he came into my shop and tried to question mc. Continuing, witness said that Mr. Young had come into his shop with a .Mr. Bridger, and they asked him a lot of questions concerning the case. Witness was not so well prepared then as he was now, and had told them that he must have received payment for his services from Mr. Gardiner, secretary of Mr. Masters' committee. They asked him so many questions that witness r»fused to answer them.

Mr. Myers asked, in view of witnesses' demeanor, that he might regard him as a hostile witness and put leading questions to him. "GAVE THE SHOW A\VAY.» Continuing, witness repeated he was tasked to play at the meeting by Mr. Macalister. Regarding his conversation with Mr. Young, witness denied that, he was called-a fool for "having given Hie show away" about the payment. He had told Mr. Young that he was a professional musician, and did not usually play for nothing. He did not regard the meeting in the Town Hall in the light of an ordinary professional engagement. Some time after the conversation, Macalister cume to witness and asked him for a receipt saying that it might be useful later on. Witness said that when Mr. Young ,and Mr. Bridger. came into the shop and asked him who hud.paid hii.t for playing at the Town Hall he said he "didn't remember but it must have been Gardiner.'* After they had left the shop, he remembered that he had made a mistake, but he did not. consider it worth his while chasing after them. Walter James Li'ohtwark, professional musician, living at Stratford, said he had occasionally plaved in Mr. Fox's orchestra. On the'night of October 30th. he had played in the Town Hall and had received the small sum of as from Mr, Fox as payment. Albert Victor Vinsen, manager of the Stratford Marble Bar said he was an amateur musician, but occasionally played for money. At the invitation of Mr. Fox he had played at the Town Hall on October 3flth. ' He did not expect'any payment, but he subsequently received !>s for his services from Mr. Fox.

ADJOURNMENT GRANTED. At this stage of the proceedings (4.20 p.m.), Mr. Myers suggested that the adjournment should be made. He had several more witnesses to call, but the parlies had found that vhe number of witnesses could be considerably re-' dueed, principally amongst the aliens, by mutual agreement. This would shorten the hearing considerably. Their Honors agreed to the adjournment. The hearing will be resumed at 10.30 a.m. to-day

ENGAGING THE THEATRE. Samuel Milne Porritt, company Secretary, Stratford, deposed that he had been secretary to the Stratford Picture and Amusements Co. ever since its inception. Mr. Jimas Masters, father of resDondent. was e-hairman of