same as on the provincial list; the duty of the county court judges in preparing the lists for the Dominion elections is confined to the allocation of names. However, it is necessary that the judges should make copies of the provincial lists with the names thereon properly allocated to the proper constituencies and these written lists are thereupon sent to the King's Printer who prints them for use in the election.
I would ask my hon. friends from Manitoba to pay particular attention to this:
'About a week prior to the date of the election Judge Cumberland, of Brandon, came to see me and stated that either through his error or through the error of the King's Printer, he did not know which, the name of William Nicholls was left off the list in polling division No. 3 in the constituency of Brandon. He stated that he would like me to add that name to the list if I, as returning officer, had the power to add it. I replied to the judge that the provisions of the Dominion Election Act did not seem to impose upon the returning officer the duty to make any changes in the list, and that I was not disposed to make any changes in the list in view of the fact that such conduct was open to criticism on the part of either of the political parties.
Judge Approached by Conservatives.
' Judge Cumberland in reply stated that so far as the Conservative party was concerned there would surely be no complaint; that his excuse for coming to me in regard to the matter at all was that Mr. Bronsdon, who was the chairman of Mr. Daly's executive committee, had been to see him and requested him to arrange with me to make the changes which were subsequently made in the list, that is to add the name of William Nicholls which was evidently left off in error and to score out the name of Dan. Hugh MacCul-lough which was repeated on the list. I told the judge that I would think it over and see him again about it.
I submit that that was an absolutely fair proposition. The judge, according to Mr. Ingram, stated that perhaps through error he had left off the name of Mr. Nicholls or perhaps the printer had left off the name of Mr. Nicholls and that through error the name of Mr. MacCullough appeared twice. The position was a fair and manly one that the name of Mr. MacCullough which appeared twice should be stricken off and that the name of Mr. Nicholls who was entitled to vote should be placed on the list regardless of the party to which he belonged.
' After a lapse of two or three days I happened to meet the judge when he again asked me what I had decided to do about changing the list. I told the judge that the decision I had come to was this: I would wait until
the day of the election and if William Nicholls was absent from the city and did not apply to me personally to be placed on the list I would let the list stand as it was, hut that if Mr. Nicholls came to me on the day of the | election and personally applied to be placed Mr. MOLLOY.
on the list, I stated that I would take him to the booth and in the presence of all the officials of the political parties and in the presence of the deputy returning officer, I would make the change.
'Judge Cumberland was satisfied with my decision in the matter and on the day of the election Nicholls met me on the street and complained that his name was not on the list and asked me to put him on. Whereupon I told him that if he would call at polling division No. 3 an hour or so afterwards that he would be able to vote, as I would, in the meantime, go to the polling booth and make the changes necessary to enable him to vote. According to my arrangement with Nicholls I called at the booth and made the change after explaining to the deputy returning officer and to the persons engaged by the political parties present why I proposed to do so. Some objectiou was made to my changing the list. However I made the change and subsequently Mr. Nicholls called at the booth and voted. I did not know then, nor do I know now which candidate Nicholls supported or what are his political leanings.
' I might say that before telling the judge that I would make this change in the voters' list I had looked up the law on the subject and I was satisfied that unless the chango in the voters' list was made maliciously or with corrupt motive that such an act could not amount to a crime. I was abundantly satisfied in my own mind in the present case, at all events, that such an act could not be a crime as it was done in the interest of justice to both political parties and to Nicholls. Certainly the striking out of a repeater from a voters' list could not be considered a crime.
' Shortly after I made the change in the voters' list on election day, I was at Aagaard's cafe in the city getting a lunch, when I met Mr. Coldwell, Mr. Daly, Mr. W. A. Macdonald and Dr. Macdonald, the foremost men in the Conservative party in Brandon, and they made light of the incident and joked me about it considerably until I came away from the cafe, when the Hon. Mr. Cold-well said that if I behaved myself during the afternoon that they would let me go, meaning by that, I dare say, that unless some greater political offence were committed there would be no notice taken of the change I made in the list. This speech was made in a joke.
Shortly after I left the cafe I was called upon to sign, as returning officer, a warrant for the arrest of Brownlee, the license inspector, for interfering with a Dominion officer in the discharge of his duty. This warrant was issued and Brownlee was arrested, being held in restraint until the close of polling. Shortly after Mr. Brownlee's arrest I ran into Mr. Coldwell on the street. He asked me if I had caused the arrest of Brownlee and I stated that I had. He expressed his disapproval of it in violent language, and I told him that I did not value his opinion on a subject of that kind. He immediately turned round and said, ' I will fix you for this,' and struck out for the Conservative committee rooms where X am informed by Lawrence Armstrong, the man who laid the information against me, that Mr. Coldwell made him swear out an information against me. As X stated above, I was arrested and held under
arrest until I had arranged for bonds in the sum of $4,000 to appear the following morning for my preliminary hearing. The case was adjourned for a week and on the following Monday I appeared. A second adjournment was asked for to wdiich my solicitor objected.
Mr. Curran, acting for the Crown on that occasion, called me into the office of the chief cf police and asked me what proposition I had to make. I said I did not understand him. He said., ' Well, you are tied up with a criminal case, what proposition are you prepared to make to get out?' I said I did not understand what he was driving at, and lie said it was easy enough for me to make a proposition that would save me from further pi oseeution. He remarked that Sifton's return had not yet been made. I told Mr. Curran that I had no proposition to make and he then said: 'We will adjourn the case for another week and in the meantime we will see what can be done/ Before the case came up again I had occasion to see Mr. Curran on other business in his own office, when he informed me that had it not been for the arrest of Brownlee in all possibility, I would never have been arrested. He said he was still hoping to receive a proposition from me. About this time I was endeavouring to make the count of the ballots in order to make my returns to the department at Ottawa, and Mr. Curran had caused a search warrant to be issued and placed In the hands of a constable who appeared on the 6th of November, the date upon which I undertook to make the count of the ballots and this constable demanded the voters' list out of the ballot box for polling division No. 3. I refused to allow him to have the box or the contents of it and adjourned the count for a week. When I undertook the second time to count the ballots I had a proper force of policemen to prevent any interruption of the proceedings and effected the count of the ballots.
When my case was again called before Magistrate James evidence was taken. The only witness was Robert Purdon who acted as deputy returning officer for polling division No. 3. He deposed that 1 had entered the booth on the day of the election; that I had explained why I wished to make a change in the voters' list and that I did make the change in the list. He swore also that he was satisfied that I made the change from no improper motive, with no intention of committing crime; that he had know'n me for many years and that he knew that I would net do anything improper, if I knew that it was improper. However, on the strength of this eVidence Magistrate James committed me for trial.
Shortly before the Virden election came off I met Mr. G. R. Coldwell at the Canadian Pacific Railway depot. He was waiting for a train and I had to see him in regard to the sale of the Brandon Trust Company charter in which I had an interest in common with Mr. Coldwell, and several others. 1 had received an offer for this charter and discussed with him the acceptance of this offer. After l had concluded my conversation in regard to the charter, Mr. Coldwell asked me what 1 was doing about my case. I replied that 1 had done nothing; that there was nothing I could do; that the matter was in the hands of the Attorney General and that I did not
see that there was anything for me to do but wait for my trial. ' Do you mean to run the risk of a trial ? ' he asked. I said, ' Yes,' as I had no option in the matter.
Mr. Coldwell then said, ' Well, you have the whole matter in your own hands and you can go to trial or not, just as you see fit.' He further said, ' What I want you to do is to take the matter up with Mr. Sifton and induce him to effect a withdrawal of the petition filed against Alex. Haggart in the city of Winnipeg? He stated that an offer had been made to the Conservative party in Winnipeg to withdraw all the petitions filed against the Conservatives except Alex. Haggart on condition that the Conservative party withdraw the petition against Mr. Sifton. This, he said, was not good enough. He was l) epared to undertake to secure the withdrawal of all the petitions filed against the liberal candidates and the withdrawal of all the criminal prosecutions against Liberals charged with bribery and corruption in return for the withdrawal of all the petitions against the Conservative candidates, including Mr. Haggart, of Winnipeg.
' I told Mr. Coldwell that that was a matter which I could not arrange if I wanted to. He replied that I could arrange it if I liked; that I had the whole thing in the palm of my hand and he knew that. I stated that there were too many prominent Conservatives who were involved in the corruption which resulted in Mr. Haggart's election and that I was of the opinion that nothing would dispose of that petition excepting a trial before a judge. At all events as far as I was concerned I would have nothing to do with it. He said, ' Well if you feel that way about it you had better go to trial on your own case, but it is a serious matter and I would not like to see you go over the road for it.' I said I would take my chances on it.
' Some time afterwards a meeting of the provincial directors of the Brandon Trust Company was called in his office and I attended there and after the meeting Mr. Coldwell asked me if I had seen Mr. Sifton wThen I was in Ottawa. I replied that I had. He then said, ' Did you discuss election matters with him?' and I said, 'Yes, in a general way.' He then wanted to know if I had made any arrangement for the withdrawal of the Winnipeg petition. He said, ' Do you mean to say that you are going to trial on your own case.' I said, yes, I could not prevent it, and I did not feel disposed to prevent it any way.
' Mr. Coldwell then asked me if I had considered another phase of the matter. He wanted to know if I had considered the liability of ray arrest being brought to the attention of the Law Society of Manitoba. I said that I had not thought of that. He said that there was a likelihood of it being brought before the Benchers of the Law Society and I would run a chance of being struck off the rolls as a solicitor and attorney. I said that I did not think the Benchers would consider the matter until a conviction had been entered against me and that I believed the Benchers were reasonable men and I did not think any notice would be taken of my case until it reached the stage where conviction had been 'obtained against me. Mr. Coldwell stated that it would not be necessary to wait that long and that that would likely be the