ALLEGED THREAT TO KILL

NZ Truth, Issue 1262, 6 February 1930, Page 7

ALLEGED THREAT TO KILL

Startling Statement of Witness In Samoan Libel Case

APPLICATION FOR ADJOURNMENT ; / (From "N.Z. Truth's" Special Auckland Kepresentative).

When an application ipaa made to Mr. Justice Herdman on behalf of the Hon. 0. F. Nelson for an adjournment sine die of his claim for £10,000 against ".Tha New Zealand. Herald" for. alleged libel, the startlingstatement was,.madein.the affidavit filed by one witness for' the defence^^tHafrJtis lif e . would be m danger if he gave evidence. : : 7 -•."■'.>• :> •

/"•OUNSELi for the newspaper, alleged U that members of the Mau. had mstae. threats, to kill witnesses giving evidence against the plaintiff. Mr. Justice Herdman decided to allow Mr. Hall Skelton until 10 o'clock the next morning to file an affidavit on oath giving 5 the names and addresses and the evidence expected of witnesses who, he had stated, were- not available because they had taken to_ the bush after the proclamation by the Administrator m Samoa. \Mr. Hall Skelton stated that altogether there were eleven witnesses who could not be obtained' because" they/ had taken to . the bush. One of them was m custody. Mr. Justice Herdman commented strongly on the publication of a report m which the witnesses for the ) "Herald" were described as rogues,

and that they would be gaoled when they reached Auckland. His Honor said that the persons responsible for the publication of this report were interfering, with* the course of justice, and proceedings' would have to be taken against them. '' . ' . Ainuu Tasi, a. Samoan high chief, declared m an affidavit he filed for the defence, that he was warned by the Mau that if he gave evidence his life would be •m danger. Mr. Richitiond, counsel for ,the newspaper, then alleged that other witnesses 1 had been similarly threatened. . The judge asked Mr. Hall Skelton if he had tried. to get m touch with his witnesses to which he replied: "It's impossible; the police are chasing them." : : When Mr. Hall \ Skelton demurred about furnishing the names and addresses of his witnesses his Honor told him that the court was not going to be "humbugged." - He added that though it was not 'counsel's fault that the case had .not been tried earlier, it was time that it was dealt with. Mr. Hall Skelton asserted that he did not know whether the Administrator would prosecute his witnesses if he Kavestheir. names and addresses. "Utterly indefinite" Avas how Mr.' Ribhmond described the application for an adjournment. The limit of untruth, he said, was expected to be given m evidonce and went on to refer to the statement he alleged Mr. Hall Skelton had handed to the Press on his return from Samoa. Mr. Skelton: They took it down on the boat, half a dozen reporters. The case has now reached a state of. stalemate as five or more of the. native witnesses for the plaintiff are. practically outlaws and an amnesty is .improbable. Mr. Hall Skelton has dispatched an urgent wire to the Administrator of Samoa requesting permission for his witnesses to leave Apia. Mr. Justice Herdman has instructed Mr, Hall Skelton to expunge the last paragraph from, the affidavit, and m, preparing a new one warns him tp be! careful to exclude mud-throwing or scandalous allegations: , ,' Mr. Hall Skelton protests against the "Herald" publication* of the proceedings "held m J-udge's Chambers. The..m atter fell through on Wednesday; when, it was announced that the case had been definitely discontinued. |"