SAMOAN WITNESSES IN BIG LIBEL CASE CANNOT BE FOUND

Manawatu Times, Volume LV, Issue 7134, 4 February 1930, Page 7

SAMOAN WITNESSES IN BIG LIBEL CASE CANNOT BE FOUND

Mau Members in Bush

HON. O. F. NELSON CLAIMS *IO,OOO FROM N.Z. HERALD ADJOURNMENT SODOHT Per Press Association. AUCKLAND, Last Night, The shooting affray in Samoa was referred to in the Supremo Court this afternoon in connection w-ith an apulication for an adjournment of the claim of the Hon. O. F. Nelson for alleged libel against the New Zealand Herald. A sine die adjournment was sought on behalf of plaintiff on the ground that 11 material witnesses in support of his case had taken to tho bush and because of the Administrator’s proclamation could not be obtained. After hearing argument,’ Mr. Justice Herdman allowed Mr. Hall Skelton, counsel for plaintiff, until 10 o'clock to-morrow morning to file an affidavit on oath, giving the names and addresses and the evidence expected of these witnesses. His Honour commented strongly on the publication of a report in wbiih tho Herald witnesses were described as rogues, and stating that they would be gaoled on reaching Auckland. He added that tho persons responsible for the publication were interfering wit!' the course of justice and proceedingwould have to be taken against them. A sensational affidavit, filed by the defence, of Ainuu Tasi, a Samoan high chief, was to the effect that ho was warned by members of tho Mau that his life would be in danger if he gave evidence. Mr. Richmond, for the defence, said that threats to kill witnesses giving evidence against Nelson had been made by members of the Mau.

In supporting the application for an adjournment, Mr. Hall Skelton said that since the disturbance, which was no fault of plaintiff’s, the witnesses, having taken to the bush, were not available. One witness was in custody . The Judge: Have you tried to get into touch with them?

Mr. Skelton: It’s impossible. Tho police are chasing them. When his Honour asked for the names and addresses of witnesses and counsel demurred, the Judge told him plainly that the Court was not going to be humbugged in the matter. ‘’lt’s not your fault the case has not been tried before this, but it’s time it had been,” added his Honour, who persisted in his demand for tho names and addresses and details of tho testimony the witnesses would give, despite counsel’s protests that he could not legally bo compelled to give this information.

His Honour: Do you say that because you give the names and ad-* dresses of your witnesses that the Administration would prosecute and imprison them? Mr. Skelton confessed he did noi know. For the defence, Mr. Richmond de scribed the application for an adjourn, ment as utterly indefinite. No one, h< said, could foresee the end of the trouble. The Judge: If the troubles go on interminably, the case may have to be discontinued. Mr. Richmond pointed out that several of the witnesses for the defence had been threatened by the Mau if they gave evidence against Nelson. Mr. Skelton: Only if they gave false evidence. His Honour said it was possible, if plaintiff could not produce his witnesses, that tho case might have to be dismissed for lack of prosecution. Mr. Richmond said the limit of untruth was expected to bo given in evidence. He went on to refer to a .statement handed to the press by Mr. Hall Skelton on his return from Samoa to New Zealand.

Mr. Skelton: They took it down on the boat; half a dozen reporters. Mr. Johnstone, for tho defence, pointed out that an amount of propaganda was being issued in Samoa concerning the case, and also mentioned a wireless message from Mr. Hall Skelton from Samoa, saying the case -would have to be adjourned. His Honour said the best, possible course in the circumstances might be to adjourn the case until the May session, but he would decide the point to-morrow morning.