SAMOAN APPEAL

Rotorua Morning Post, Volume 1, Issue 46, 16 October 1931, Page 3

SAMOAN APPEAL

(Press Assn.—

NELSON AND COMPANY SEEK „ REVIEW OF HIGH COURT VERDICT RECEIVING MONEY FROM MAU

-By Telegraph — Copyright).

WELLINGTON, Thurs. Another appeal from the High Court of Western Samoa came before the full court to-day in the case O. F. Nelson and Co., Ltd., v. the Police of Samoa. In January last informations were laid by the police of Samoa charging the company with 28 different breaches of the Samoan regulations in January, 1930, in that they had participated in aiding, abetting and encouraging the activities of a seditious organisation, to wit the Mau, by receiving sums of money on its behalf. The company was found guilty and convicted by Chief Judge Luxford and fined the maximum penalty of £200 on each charge, making the total fines £5600. The company is now appealing from that judgment. Mr Moody, for the appellant company, said the appeal was based on tlie following grounds: 1. That the convictions are not justified by the facts. 2. That they are erroneous in point of law. 3. That in any case the penalties are excessive. Counsel said that the suggestion made by the prosecution to the Court of Appeal was that, by the receivingof these moneys and giving reeeipts therefor, the company had committed a breach of the Samoan regulations; the inference being that they were to be used for the purposes of the Mau. The total amount received was £238 5s. The contention of the appallant, however, as made in the Court of Appeal, was that these moneys were paid into the office -of the company at Apia by members of the Mau for the purposes of being forwarded to Mr Nelson personally, in part repayment of debts due by the Mau to him. The moneys were received by the employees of the company in order that they might be forwaMr Nelson in discharge of debts owinging to him at a time prior to the Mau being declare'd, illegal. These debts had been incurred by Mr Nelson's meeting legal expenses and purchasing goods on behalf of the Mau. The hearing was adjourned until to-morro'VA