Tuesday, July 15.
the Anderson's bay personation cask Robert Moore was charged with personating one Richard Brinsley Heriot at the Ander« son's Bay Polling Booth, on the 19th ult., during the election of a member to represent the Peninsula in the Provincial Council. Mr Stewart defended. After evidence recapitulating what had been given at the former trial was taken, Mr Stewart submitted there was no case to go to the jury, on the ground that section 50 of the Eelectoral Act stated that the offence must be shown to have been committed wilfully and knowingly ; and further, that neither this section, nor any section previous to 70, had reference to Provincial elections ; they only dealt with election for the House of Representatives. The evidence for the defence was that the prisoner was under the impression that he could vote in Heriot's name, and that he was under the influence of drink at the time. The jury brought in a verdict of not guilty of personation ; and guilty on the second count, charging him with giving false answers to the prescribed questions put by the Returning Officer ; and with their verdict they coupled a strong recommendation t© mercy. The legal point reserved will be argued next banco day, and the prisoner was ordered to appear on the 30th instant to receive sentence, being admitted to bail in the meantime in his own recognisance of LIOO.
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Tuapeka Times, Volume VI, Issue 286, 24 July 1873, Page 5
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234Tuesday, July 15. Tuapeka Times, Volume VI, Issue 286, 24 July 1873, Page 5
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