To the Post—ETU Styl6

Other lists were submitted by Counsel for John Byrne to show three separate itineraries which might have been taken by a car of which the driver had the intention of going round the country posting the (printed address) envelopes at such times that they would arrive at Head Office late. When these envelopes were receipted with the Head Office stamp, the original envelopes were destroyed. It was not possible for Counsel to prove who might have gone round the country in broad arcs, posting envelopes as they went, but Gerald Gardiner asked some searching questions as to where National Officers of the Union were at the relevant time. Frank Haxell was asked, 'Where were you on December 30, 1959?' A. 'With my wife.'

Q. 'Where is that?' A. 'Where is my wife?'

Q. 'Where do you live?' A. 'I am in the process of changing.'

Branch Clapham. Edinburgh S. Elstree Wellington Burton Norwich Torquay Aldershot L.S.E. 7 Oldham 1 Wilmslow Worthing Bradford Date of meeting 14 Dec.

14 14 14 14 14 11 14 15 15 15 15 15 11 15 11 Postmark 18 Dec.

17 „ 17 „ 17 „ 17 „ Illegible 17 „ 18 „ Illegible Illegible 17 „ 18 „ 17 „ Head Office Previous Majority Receipt Stamp Breaches 21 Dec. .. 1 • • Haxell

• , • •

21 „ 2 • • Haxell

1 • • •

21 1 • • Byrne

• • • •

Byrne 1 .. Byrne • . • • 21 /1 1 .. Flaxen • • • • 21 1 Byrne • • • 21 11 • • • • 21 1 .. Byrne • • • • 21 Haxell Byrne • • • 21 • • - • 21 1 .. Haxell 21 . .. Haxell •

• . • •

21 . - Haxell

• • •

Dis- allowed

V

Q. 'Where did you then live?' A. '1 have not any permanent place at the moment. . . .1 The judge's comment was: 'The defendant Haxell was unconvincing to the point of seeming a sorry figure in the witness box when asked where he had been at the material time. I noticed a nervous grin and a shift of stance,' And the Judge went on to say : 'The Defendant Frazer is, in my judgment, no less likely than Mr. Haxell to have posted some of the envelopes.'

The last chapter in the Byrne/Haxell election took place in February, 1960, when the Executive . Council received the Scrutineers' report. It came Upon an item in the agenda marked 'December 1959 ballots. Robert MacLennan, Acting Assis- tant General Secretary, read the report and added (what the Scrutineers had not said), 'F. L. Haxell elected.' At this moment John Frazer at once interjected, 'Move.' Ronald Sell, another pro- Communist member of the Executive Council, followed immediately by seconding. This is how the Judge reconstructed the sequence of events which followed : Mr. Foulkes asked: 'Those in favour? Against'?' and then recorded the voting (8-3) even before Mr. Chapple had said, 'We are entitled to have a Scrutineer's report which in- cludes . . .'; no doubt he was going to say 'which includes the disqualifications.' Mr. Justice Winn concluded that Frank Foulkes 'deliberately put the motion prematurely in order to stifle dis- cussion of the disqualifications.'

So much for what happened in the election of 1959. It is now judicial history, and even if the five men proceed to appeal against the order Made by the Judge neither' they nor their Coun- sel can expunge one word from the record.