SAFE CONDUCT WANTED

Sun (Auckland), Volume III, Issue 888, 4 February 1930, Page 1

SAFE CONDUCT WANTED

Samoan Libel Case Witnesses URGENT CABLE TO AUTHORITIES Suit May Be Discontinued the Administrator of Western Samoa will grant amnesty to the eleven Samoans fugitive in the bush, who are witnesses for the Hon. O. P. Nelson, in his claim for £IO,OOO for alleged libel against the “New Zealand Herald,” and permit them to leave Samoa immediately, the action will be , heard on February 20, the date for which it is now fixed.

The claimant, who applied to the Supreme Court yesterday for a sine ilie adjournment, announced through Mr. Hall Skelton this morning he ia new willing to proceed with the trial this month if five or six of his witnesses are made available, and no adjournment would be necessary. On the other hand, should the Administration refuse safe passage for the witnesses now Riding in the bush, the parties agreed that the action would have to bo adjourned until about March 20. Mr. Skelton intimated that if he was unable to secure his witnesses by this later date, he would consider discontinuing the action. AFFIDAVIT FILED The affidavit giving the names, addresses and nature of evidence expected of the 11 Samoan witnesses, who are hiding in the bush, required by Mr. Justice Herdman. was filed by Mr. Skelton this morning. ■T see there is some expectation of the case going on on February 20, ’ lemarked his Honour, after perusing the document. . Mr. Skelton replied that Mr. Nelson was willing to go to trial at the date ilxed if he can possibly obtain live or six of his 11 witnesses. Counsel explained that he had dispatched an urgent cable to Samoa inquiring if the Administration would permit the witnesses to leave. “That would suit everybody,” remarked his Honour. Mr. Richmond pointed out that the suggestion had been made last Tuesday that Mr. Skelton should radio to ascertain if his witnesses would be allowed to leave. He pointed out that the witnesses for the "Herald” had arranged with their families, and had booked their passages to leave on Saturday, and the defendant was placed in the position of ignorance whether to notify the witnesses they were not required now, or having to advise them at the last moment Counsel recognised the difficulty of the fixture clashing with the Appeal Court by adjourning it to March, but he pointed out that the action was of such supreme importance and for national reasons it should be disposed of as soon as possible. He considered, however, that if the action was adjourned until March, if plaintiff could not then obtain his witnesses the action should be dismissed. Mr. Nelson was wealthy, and the costs he would have to pay in discontinuing ■would he nothing compared with the prejudice to which defendant’s case would be exposed by carrying on. “FUGITIVES FROM THE LAV/” Mr. Richmond, for the defendant, declared there was no possibility of the Administrator giving safe conduct to Jive fugitives from the law at a moment’s notice. His Honour: I don’t think so, either. He added that if the action was adjourned till March, another Judge would have to take the case. "We would be exceedingly sorry, as your Honour is well acquainted with the case,” replied Mr. Richmond. He asserted that it would be quite impracticable to ascertain if the witnesses could come to New Zealand, as the men were in the bush. Mr. Skelton: They can soon be secured. The question is how will the Administrator act toward them? Mr. Rlchmoud said that the three Samoan witnesses for the defence could be held until March, but if they were sent back to Samoa now it was too much to expect them to return by March. One of the alleged libels was two years old today, ho added. Mr. Skelton said that if plaintiff’s witnesses could not be obtained by •March he agreed the proper course would be to discontinue the action. Mr. Richmond pointed out that the ' Herald'' had to pay, clothe and keep its Samoan witnesses while in Auckland, and he intended asking for costs to cover these expenses if the case "as adjourned or discontinued. Mr. Skelton said he expected a reply from Samoa whether the Administrator would grant safe conduct to the witnesses, tonight or tomorrow. The trouble might “fizzle” out any time, he said.

Mr. Richmond: How can the Administrator possibly grant a general amnesty ? His Honour: I don’t see how he can, either. Mr.. Richmond asked for the expiry of the last paragraph of his affidavit filed this morning, describing it as merely an attempt to "throw mud.” Counsel declared the document only suggested what Mr. Nelson hoped to prove by witnesses and did not contain the nature of evidence each witness was to give. "NO THROWING MUD” In expunging the last paragraph of the affidavit, his Honour instructed Mr. Skelton to file a new one, giving a precis of each witness’s evidence. “You had better be careful to prepare nothing scandalous or in the nature of throwing mud,” added his Honour. “We are under the strongest apprehension if the case is allowed to drag on after March,” added Mr. Richmond. “You will have to consider whether you will discontinue the actiou if your witnesses are not available in March,” his Honour told Mr. Skelton. “I will,” counsel replied. “You will not be embarrassed by discontinuing.” remarked the Judge, “as you can issue a summons to pursue the action at any time.” The action was then adjourned until 10 a.m. tomorrow to ascertain if a reply has been received from Samoa concerning the witnesses.

PREJUDICE SUGGESTED MR. SKELTON REMONSTRATES “YOU SHOULD BE THE LAST” Objection to the action of the “Herald” in publishing the proceedings in Chambers yesterday for the adjournment of the alleged libel claim of the Hon. O. F. Nelson against the “Herald,” was taken by Mr. Hall Skelton when the argument was resumed this morning. He declared that It was most unusual for the Press to be allowed in Chambers. The paper had published a whole rigmarole about the defendant’s side and not about the plaintiff’s. “It is really a court matter,” said the Judge. “It is a summons.” The Press are not allowed to publish anything in interlocutory proceedings,” replied Mr. Skelton. “You should be the last that should make that statement,” observed the Judge drily. Mr. Skelton: There is nothing prejudicial to the other side in anything I have said. Mr. Richmond: Does my friend say tbat seriously? “Anyway, I am not deciding that matter,” said Mr. Justice Herdman in a tone of dismissal. WITNESSES WANTED HON. 0. F. NELSON S RADIO Permission for safe conduct for five of his witnesses, Faumuina, Alipia, Matau, Namulauulu and Leutele, to leave Samoa to give evidence in the action for alleged libel against the “New Zealand Herald” has been sought by the Hon. O. F. Nelson in a radiogram to his counsel in Samoa last evening. He has asked that the Administrator be approached to grant safe conduct to the witnesses without prejudice to them with respect to the present political situation. He has further asked for an immediate reply owing to the extreme urgency of the case, and that if permission is granted, the five Samoans sail by the Tofua for Auckland. A report of yesterday’s proceedings in the Supreme Court, regarding the Samoa case, appears on Page Seven.