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The Pamphlet Collection of Sir Robert Stout: Volume 64
Court for the Trial of an Election Petition for the Electoral District of Wanganui
Court for the Trial of an Election Petition for the Electoral District of Wanganui.
In the matter of "The Election Petitions Act, 1880," and in the matter of the election for the Electoral District of Wanganui, holden at Wanganui on the ninth day of December, 1881. Between Archibald Duddingston Willis, John Ballance, and Stewart Harcus Manson, petitioners; and William Hogg Watt, respondent.
Particulars of acts of bribery and undue influence referred to in the petition of the above-named petitioners pursuant to the order of His Honor the Chief Justice made in this matter on the twenty-second day of February, 1882.
| (a) |
The names and addresses, so far as known to the Petitioners of the two persons in the third paragraph of the petition alleged to have been bribed are Bosswell Robert Middleton, of the town of Wanganui, clerk, and William Askew, of the said town, labourer. The acts of bribery recited upon in the case of the said Bosswell Robert Middleton took place at Taupo Quay, in the town of Wanganui aforesaid, on or about the eight day of December, 1881, and on or about the ninth day of December, 1881, at Taupo Quay, the town of Wanganui aforesaid, and consist of promises made to the said Bosswell Robert Middleton that if he, the said Boswell Robert Middleton, would vote for the Respondent and use his influence with other voters to induce them to vote for the Respondent, he should have the said John Anderson's work as bookkeeper to do, and that he (Anderson) would get him other work besides. |
| (b) | The act of bribery relied upon in the case of the said William Askew took place on or about the eighth day of December, 1881, at the house of the said John Anderson, in the town of Wanganui, and consist of a promise made by the said John Anderson that if he, the said William Askew, would vote for the Respondent, he the said William Askew would by the aid of the said John Anderson and his friends obtain certain land which he claimed, and that if he did not so obtain it he then said John Anderson would give him £5. Also of a bribe of is then paid to the said William Askew by the said John Anderson to induce him to vote for the said Respondent, and to obtain the vote of one Bosswell Robert Middleton, of Wanganui, clerk. Also of a promise made by the said John Anderson to the said William Askew, at the time and place aforesaid, to employ the said William Askew to do his garden work. And also of a bribe of 2s 6d given by the said John Anderson to the said William Askew on or about the tenth day of December, 1881 in the garden of the said John Anderson, of Wanganui aforesaid, in consideration of his having voted for the Respondent. |
| (a) | Apromise made by the said John Anderson to one Owen Igoe, of the town of Wanganui, labourer, or to his wife, on or about the eight day of December, 1881, at the house of the said Owen Igoe, in the town of Wanganui aforesaid, that if he then said Owen Igoe would vote for the Respondent he then said John Anderson would give him a few shillings after the election. |
| (b) | Also the specific acts of bribery alleged in the first portion of this paragraph. |
| (c) | Also of a promise made by the said John Anderson to one George Friend, of Wanganui aforesaid, horsebreaker, on or about the ninth day of December, 1881, at St. Hill, in Wanganui aforesaid, that if he then said George Friend would vote for the Respondent, he the said John Anderson would by the aid of his friends endeavour to obtain for him certain land which he claimed, and that he would give him £5 if he failed. |
| (d) | Also a promise by the said John Anderson made two or three days before the election referred to in the petition, at Wanganui aforesaid, in the workshop of a Mr Spriggins to one Nicholas Henry, of Wanganui aforesaid, bootmaker, one Peter Doddie, of Wanganui aforesaid, bootmaker, and one Bosswell Robert Middleton, of Wanganui aforesaid, clerk, that if they would vote for the Respondent, or refrain from voting for the Petitioner, John Ballance, he the said John Anderson would order and pay for a pair boots for each of the said persons, |
Paragraph II.
The specific instances of undue influence relied upon by the Petitioners in the fourth paragraph of the said Petition mentioned consist of—
| (a) | A threat made by the said John Anderson on or about the 8th day of December, 1881, at Taupo Quay, in Wanganui aforesaid, to one William Henry Flyger, of Wanganui, clothier, that if Mr George Flyger, of Wanganui aforesaid, clothier (the brother of the said W. H. Flyger), did not vote for the Respondent, a number of the Respondent's supporters had "marked" him and would cause him great loss in his business. |
| (b) | Also of a threat made on the same day near the Post Office, in Wanganui aforesaid, by the said John Anderson to the said George Flyger that he had better not vote at all, and that if he voted against the Respondent there were a large number of the Respondent's committee who would in consequence thereof withdraw their custom from him. |
| (c) | Also of a threat made by the said John Anderson to the wife of Mr Edwin Moult, of Wanganui aforesaid, storekeeper, on or about the 8th day of December, 1881, at the shop of the said Edwin Moult, in Wanganui aforesaid, that there were a large number of the Respondent's committee who had marked the said E. Moult as a supporter of John Ballance, one of the Petitioners, and that if he voted for the said John Ballance they would injure him, the said Edwin Moult, in his business. |
| (d) | Also of a threat made by the said John Anderson to one William Blick, of Wanganui aforesaid, night watchman, at Ingestre Street, in Wanganui aforesaid, two or three days before the holding of the said election, that if he said William Blick voted for the said John Ballance he would make enemies, and that it was his interest to vote for the Respondent, and that if he did not vote for the Respondent he had better, for fear of being injured by the Respondent's friends, not vote at all. |
And as general acts of undue influence alleged in the said fourth paragraph of the Petition, the Petitioners repeat the particulars mentioned in the first portion of this paragraph.
To S. T. Fitzherbert,
Respondent's Solicitor, Wanganui.