£l0,000 CLAIM

Hokitika Guardian, 4 February 1930, Page 3

£lo,ooo CLAIM

A SAMOAN LIBEL

s ßy Telegraph—Press Association! AUCKLAND, February 3.

Tlie shooting affray in Samoa was refeired to in the Supreme Court this afternoon in connection with an application for an adjournment of a claim of the Hon. 0. F. Nelson for £IO,(XX) for alleged libel against the ‘‘New Zealand Herald” sine die. The adjournment was sought on behalf of the plaintiff, on the ground that eleven material witnesses in support of his case had taken to the bush ; and, because, of the Administrator’s proJaination, they could not be obtained. After bearing argument, Mr Justice Herdman allowed Mr Hall Skelton, cousel for plaintiff, until 10 o’clock to-morrow morning to file an affidivit on oath giving the names and addresses, and the evidence expected, of these witnesses.

His Honour commented strongly on the publication of, a report in which the “Herald” witnesses were described as rogues, and stated that they would he gaoled on reaching Auckland. He added that the persons responsible for the publication were interfering with the course of justice, and said that proceedings would have to be taken against them. A sensational affidavit was filed by the defence, that of Ainuii Tasi, a Samoan high chief. It was to the effect that if he gave evidence, lie was warned by members of the Mau that his life would be in danger. Mr Richmond, for the defence, said that threats to kill witnesses giving evidence against Mr Nelson, bad been i made by members of the Man. | In supporting the application for an adjournment, Mr Hall Skelton said that, since the disturbance, which was no fault of the plaintiff’s, the wit-1 nesses having taken to the bush, they were not available. One witness, he stated, was in custody. | The Judge: “Have vou tried to get into touch with them?” | Mr Hall Skelton; “It is impossible! The police are chasing them!”! When His Honour asked for .the I names and addresses of the witnesses, counsel demurred. Tlie •Tud"e said that the Court was

not going to he humbugged in the matter: “It is not your fault the ease has not been tried before this, but it’s time it had,” added His Honour, who persisted in his demand for names and addresses and also details of testimony that the witnesses would give, desoite counsel’s protests that he could not legally be compelled to give this information. His Honour said: “Do you say that, because you give the names and addresses of your witnesses that the Administrator would persecute and imprison them?” Mr Hall Skelton confessed that lie did not know! For the defence, Mr Rmlimond described. the application for the ad-1 journment as utterly indefinite. No ' one, he said, could forsee the end of the trouble. The Judge: “If the troubles go on interminably, the case may have to he discontinued.” Mr Richmond pointed out that several of the witnesses for the defence had been threatened by the Mau if they gave evidence against Mr Nelson. Mr Hall Skelton: “Only if they gave false evidence!” liis Houour said that it was possible that, if the plaintiff could not produce his witnesses, at a later date, the case might have to be dismissed for lack of prosecution.

Mr Richmond said that “the limit of untruth” was expected to be given in evidence He went on to refer to a satetment handed to the press by Mr Hall Skelton on his return from Samoa. Mr Hall Skelton: “They took it down on the boat—half a dozen reporters !” Mr Johnstne, for the defendant, pointed out that an amount of propaganda was being issued in Samoa concerning the case, and said there also was a wireless message from Mr Hall Skelton from Samoa saying the •case would have to be adjourned. His Honour said that the best possible course, in the circumstances, might be to adjourn the case until the May session, but lie would decide that point to-morrow .evening.