High Commissioner's Court, Apia.

Samoa Times and South Sea Advertiser, Volume I, Issue 21, 9 March 1889, Page 2

High Commissioner's Court, Apia.

—• ■ ♦ (B»foro Col. db Ooetlogon, Deputy Commissioner.) Wki»f*day. Gtii March, 1889. assault am) dattk.iy. llohert Fletcher, manager for Messrs McArthur nnd Co., was charged tlint ho did, with other persons, oil the lot ilny of March, ntFulcuhi, forcibly romovo and boat Jamos Sim-lnir and his servant", Alexander Pritchard and Adaui Main. Mr. Cooper appeared fir tho defendant, and objected to tho information as it discloses more than one offence.

Tlio Court ov« Willed tho objection. Alox.'PKtchurd, sworn, said: On tho day in quea'iuii ho wiia at Fnleula plantation with Adam M:iin nnd Ciipt. Sinclair, tlie la't- r hnviiii; uken possession of tho Fuloula lauds by virtno of a judgment of the Privy Council. Tho defendant came on to the ground on horseback, accompanied by Michael and Charle» Btanlon, and ordered Sinclair off tho plantation, which ho stated was tho propeity of Mo*srs. McArthur ami Co. Sim-lair refused to go, and asserted that MoArthcr and Co. had no claim to the esrate either legal or equitable. Fletcher then ordered tho two Sennlons to remove Sinclair to the boatywhich wrs close by. The Sainton* then took hold of Sinclair's arms, partly carrying hitn an I partly pushing him into th« boat. Crosa-cxaoiined by Mr. Ononer: Witness said Fl«ti-lier requested Sinclair to leare before he erderrd tho men to remove him. Fletcher did not tako any part in the removal, although Sinclair challengt d him to dismount and remove hfih'himself. Fletcher did not dismount. Fletcher did not haa* or assault, Sinclair, did ho assume any thrt>»t<uiug attitude towards Sinclair. Tie 'only ordered the Scaadojie to roniot* Mm.. 6 Witness did not see any writ or document pro* dosed. n« only taw a notion nailed fe'f'tiW. 1 r "" ■ •*•' "i 1 Mr. Cooper submitted that the erid-

ente showed thnt the tide to the lands was in dispute, and as in hearing this case His Honor was exercising his summary jurisdiction as a Justice of the Peace his jurisdiction was ousted. Tho Deputy Commissioner said he would not enter into tho question of title. He would, as in a previous ease, simply deal with tho charge of assault and that only.

Mr. Cooper said thnt tho present charge of ossnult was inseparable* from the title to the land, as it was on account of the disputed titlo that the alleged nssnult was committed.

Tito Court overruled tho objection nnd a nolo of the rilling was taken at Mr. Cooper's suggestion. Adam Main was then called. His evidence was in substance tho sumo as that of Iho former witness. This closed the case for tho prosecution. Mr. Cooper said on account of »ho ruling of the Court he did not intend to bring any evidence. Whatever assault had boon committed was justifiable, on the ground that Sinclair whs a trespasser, and had been requested to leave before being forcibly removed. Ho stated " Russell on Crimes" in * upport of his contention. In any case it was admitted that Fletcher did not beat Sinclair. If tho accused had been guilty of any offence at all it would bo of aiding and abetting. The Court held tho chargo proved and imposed a fine of £5 and the costs of proceedings. Mr. Cooper requested that tho Pne be increased to £lO, to admit tho right to appeal, but tho application was refused.