ASSAULT.

Samoa Times and South Sea Gazette, Volume 3, Issue 109, 1 November 1879, Page 2

ASSAULT.

On Monday afternoon last Mr. T. A. Lord, an American citizen, temporarily visiting Samoa, npponrcd before the Neutial Territory Court of Apia, charged with having, on the forenoon of the same day committed an assault and battery on the person of Thomas M. Dawson, the United States Consul. The assault was committed in the American Consulate. The proceedings were opened at the German Consulate before J. Hicks Graves, Esqr. 11. B. M. Consul, (and presiding Magistrate for the week) aud Th. Weber, Esqr, I. (}. Consul. The plaintiff being unable to appear in consequence of the injuries he had received, the Court adjourned the trial until such time as the plaintiff would be in a tit state to appear. The defendant protested against the proceedings of the court as an illegal proceeding ; after which, he entered into his own recognisance in the sum of SSOO with two sureties of g2JSO each that bo would appear to answer to the charge iu any Court in Samoa, on or before tho 15th of November. The required sureties being obtained, the defendant was admitted to bail. On Thursday, tho Neutral Territory Court sat to hear the case of Dawson v. Lord. The Court was opened at about 1-30 p.m., Th. Weber, Ksq., I.G. Consul, and J. H. Graves, Esq., 11.8.M. Consul, being present. Mr. Lord having appeared according to summons,' the bonds of Messrs. Trood and Parker were returned to them.

Th. \t'eber, Esq., 1.0. Consul, stated that the Court desired to make some pre liinjnai'y remarks before proceeding with mo case. m.. WI*W t.ben said, on Monday last a complaint was inauu if,. Dawson, U. S. Consul and a member of the Neutral Territory Government to the two othor- members of the Neutral Territory Government, namely Mr. Graves, 11. B. M. Consul, and myself, 1. G. Consul, against .Mr. Theodore A. Lord for assault, and battery. Mr. Graves, being tho ma-

gistrate of the Ncultnl Territory for tie: week, issued a summons to Mr. Lord ; appear before him, but Mr. D.iw;-ou u ■: being well enough to appear on accii .iit of thu injuries received, the case eoui.i not be heard, and thus Air. Lord was ordered to find security for his appearance before any Court whatever in Samoa. Mr. Lord lias found the required security, but protested against the authority of tiic Court. The Court did not allow this objection, and the Court does maintain its authority in this case as far as a breach of tho peace oE the Neutral Territory is concerned. Mr. Lord also protested especially against Mr. Graves summoning him and causing him to appear before this Court and therefore the Court—whilst maintaining its authority as aforesaid—also desires to state now distinctly that whatever part has been taken by Mr. Graves in this matter was done only and alouo in his capacity as a member of the Neutral Territory Government, ho being the magistrate for tho week, and tho Court also maintains that any responsibility rests equally ou all the members of tho Neutral Territory Govornmont.

J. 11. Graven, Esq., 11. B. M. Consul then said:—"l wish to Btato that whou Mr. Lord came up boforo mo oa Monday last bo objected that as British Consul I had no right jurisdiction over him, upon which I distinctly told him that I was not acting as British Consul, but as thu Magistrate for tho wook of the Neutrul Territory Court. I Imvo had sowed on me this day a subpoena to appear before Hor Uritunnic Majesty's Deputy Commissioner concerning an action whioh is to ho instituted against mo; I suppose in regard to uiy proceedings in this case. I do uot kmiw if tlii-. i» meant to iutiiui-

date me, but I wish to say that as long as I am entrusted with the preservation of peace and order in this Neutral Territory, I intend to do so to the best of my ability." Mr. Lord made a request that Messrs. Hetherington and Bartlett be allowed to act as his counsel, he being too unwell to conduct his own case.

The Court postponed a decision upon the matter until tho case was opened.

Mr. Lord remarked that ho only asked a privilege that was allowed a man in any parti of tho civilised world, whereupon tho Court stated that it was not under any obligation to allow counsel, aud refused to enter into any argument upon the question. The Court then declared the casa of Dawson v. Lord for assault and battery to tie opened, and tho complainant was called, but the complainant nob appearing the Court decided to wait. After about ten minutes had elapsed, a letter was handed into the Court, by Mr. Williamson, an U.S. citizen, from T. M. Dawson, U.S. Consul, requesting that Mr. Williamson be allowed to trice his (Mr. Dawson's) scat in tho Neutral Territory Court upou that occasion, which was 1 allowed. Air. Williamson having been informed of what had passed, tho following letter was then road:—

Apia, Samoa, October :30tb, IS7U. To tho lion. Neutral Territory Court. Gentlemen, —I hereby withdraw from your honorable Court tho complaint made therein against Theodore A. Lord on the 27th inst., and respeptfully request that tho case may be dismissed without further proceedings in connection therewith. I have the honor to be, Gentlemen, Your obedient servant, (signed) Thomas M. Dawson. After consultation the Court then dismissed the case, expressing its regTet that it had to be disposed of in such an unsatisfactory manner, which debarred it from enquiring into the merits of the cas;-. Mr. Lord was then informed that the security given by him would be returned, and tho Court closed.