AN ELECTION CASE.

Gisborne Times, Volume XXVII, Issue 2457, 23 March 1909, Page 2

AN ELECTION CASE.

,V.. rt:- ’. /•«. V -•?T r X- " > • //'TH E'HI RE ;0F„ CABS.

MR G. E. DARTON COMMITTED ' FOR TRIAL.

At the Magistrate Court, Mr W. A. Barton, S.M., yesterday, George Edward Darton was charged that lie did .commit an illegal practice within the meaning of tile Regislature by paying to 'certain persons certain sums of money for the hire of carriages for the conveyance of electors to the polls .for the purpose of promoting the election of the said George. Edward Darton at the. Parliamentary Election/ held at Gisborne on November . 24th, 1908. Mr J. TV, Nolan appeared for the Crown, and Mr TV. L.* Rees defended. Mr Nolan said the .alleged offence .was committed under the Second Ballot : Act. I,.Under. that Act candidates- were allowed expenses up- to, £SO for expenses to carry on their election on the Second Ballot, and to . .claim any amount, a statement of expenses had.to be. sent m to the Government. The defendant had made that claim,’ and the-Vouchers sent in showed that he had paid money for cab’ hire. . . : , Mr, Nolan, called. Henry E-. Hill, J returning officer for the Gisborne Electorate, who said Mr Darton was a candidate at the last election, bothfat the First .and .Second ballots; The Second ballot/took/place on November,, 24th, 1908. Subsequent to the election the defendant called on him-and filed.a certificate'of his expenses. He also filed the receipts produced. A number of receipts were for cab hire.- . To Mr Rees: The result of the First Ballot was J. Carroll, 3484 votes, TV. L. Claytou 1454. votes, and defendant; 2062 votes. A second - ballot therefore had to take place. He did not remember Messrs .Carroll and Darton coming into his office after the First Ballot,mut Mr Darton came in on the Friday after the First Ballot, and said he was satisfied to abide by the result of the First Ballot. TVitne-ss told defendant that he could not retire from the contest. Ho believed he- was the only person in Gisborne with a copy of the Second Ballot Act. Mr Darton said he did not have any chance of being elected and that he would sooner retire if he could possibly do so. Defendant expressed the opinion that few electors would -vote at the Second Ballot. Mr Darton asked witness if it was legal to bring people to the poll in conveyances, and asked if he was withiir his rights in charging cab hire. Witness said that as far ias he was aware he thought-Air Darton could charge cab hire. Witness had not carefully studied the Act. Defendant asked what amount of expenses would be refunded by the Government-, and witness said up to £SO. Witness did not seo any 'evidence that electors were brought to the poll to vote for one candidate more than another. Everything seemed quite- above board and correct. All that he saw was that people were brought to the poll in the ordinary way. There was no indication that they were to vote for any’ particular candidate. When Mr Darton brought in the voucher Mr Akroyd attended to the-matter, but witness gave the voucher form to Mr Darton to fill in. . /; , Albert Penford, cab proprietor, said he remembered the Second Ballot in November last. Mr Darton. came to him before the ballot .and engaged Ins cab for November 24th/ . Witness carried electors to and from the. poll in Ins cab. He. was working the ICaiti district. He was paid for his work by Mr Darton. The amount was £3. Defendant also gave witness £lB to pay six other cabmen. Some days afterwards a man named Howarth came along and asked for receipts. To Mr Rees: There- was nothing; on the cab to indicate for which candidate the electors were being carried, and he was not told to bring only Mr Darton’s supporters to the poll. He never asked who the persons were going to vote for. He did not remember refusing to carry any elector to the poll on that day. He was under the directions of a man named Batch. , - Joseph English, cab proprietor, gave evidence of his engagement by defendant to drive electors to the poll on Nocember 24tli. He worked under instructions from Mrs Robert Johnstone, ■but he did not ‘know for which candidate Mrs Johnstone was working. His Worship: But yon had a strong suspicion. , . ' jie was paid £3 by defendant fo-r cab I hire and g?ve a,receipt for the money. To. Mr Rees: He did nCt' refuse- to carry any elector to. the poll nor did he | mention that he -was driving for Mr Darton.

James Henry Richardson, also a cab proprietor, gave similar evidence of his engagement by defendant. John Christie also gave evidence of his engagement: by .defendfimt to drive e i e< ? to 3 In 'UTS’'cab. tie was paid' by . Penford. . the case for the prosecution.' ‘ •- ’ _ ... Lr answer to the usual questions Mr . Rees submitted that there was no case to answer for the reason that Clause 220 of the Act said that no payment shall be made for the'purpose of promoting the election ox candidates. There was no evidence that the cabs had. carried electors to promote his election, but to carry any electors; and he held Mr. Carton, was within his legal, rights. While defendant openly retained the cabs and openly . paid for them, • and there was no : evidence that the cabs were used to carry Mr Darton’s supporters only. Mr . Darton engaged the cabs under the impression that they would be paid for by the Government. He had told the lieturning Officer that, he did not want to go;“to . the Second Ballot, but When he found) that he must go to the poll again asked Mr Hill if lie could engage cabs and claim against the Govemmemt for them. Mr Hill had told 1 Mr Darton that he thought he could. Mr Darton in 'misreading the law had paid money, to . bring electors to the poll independent of which candidate they were, going to . vote for. The-’inference was tliat Mr Carroll’s supporters were also carried. He submitted that a prima facie ease had not been made, out by the prosecution and, shouldnot be Sent to the Supreme- Court. He asked that the information -be dismissed.. Mr-Nolan said he was-only present to .present the case to the Bench. There was no doubt Mr Rees bad misread the Section quoted. There was no .doubt Mr Darton had engaged the' cabs and he held there , was ,a case, to go before a jury. . . . .; ‘ . • The Bench said a prima facie case had been ..made .out. ? . . Defendant said he would reserve his defence, and was committed to take bis trial-at the next sittings- of the Supreme Court to be held in Gisborne.'; '[’■}/■> Bail would be allowed in- one! surety of £2O or ; two in £lO. * ! . A SECOND CHARGE. A second charge of having paid money to Messrs J. Redstone and Sons for' .b'-dmik-r. .purpreg -was a'so v’o-

, - /• ; ’ r-,« c John R. Redstone gave evidenco thf-.t’ cabs were engaged to carry electors ter the poll on November Tfc was paid £25 for hire 'of seven cabs. He believed Mr Darton paid for tho .cats. Susan Donnollan, book-keeper at Messrs Redstone and Sons, said she gave defendant a receipt for £25 for cab hire on November 24th, 1908. vV ifcncssonly received £lO, but another £lO had been paid. : She could .not reman-, her why a receipt, for £25 was given. Tho amount charged for the cabs was £27. : There, was an: allowance of £5.. Ske could riot remember why the receipt aras given. •, . . Henry E/ Hill,* ’ Returning Officer, gave similar .evidence to that given in the .previous case... : .James. Carey, einployed by Messrs J. Redstone and Sons, said that on November 24th last- he avas driving a, cab taking electors:to and from the poll.. He went/to some rooms in Gladstone Road. A man avas avith him -and ho drove to Whataupoko. After lunch another man went with him. j To Mr Rees: He received no instructions from the defondnt,---neither did lie .ask elctors’ who they avere’going to vote for./ Thb: rooms lie drew the cab up at were on the side of the street opposite the Masoriic ; ;Hotel:rpAs . far as he knew lie might have driven for Mr Carroll or Mr, Darton. He did r not hear, any one .ask his passengers avho they were going to vote for.-.;; ;H This closed the case for ,tlie Crown. Defendarit reserved his defence, and avas committed for trial at the next sitting- of the Supreme Court to be held v Gisborne. Bail., was. allowed as ni the previous case.- - ' -■ , {■-<