RADIO SUMMONS FOR FUGITIVE WITNESSES

Manawatu Times, Volume LV, Issue 7135, 5 February 1930, Page 5

RADIO SUMMONS FOR FUGITIVE WITNESSES

£IO,OOO Libel Suit ADJOURNMENT QUESTION • DEFERRED TILL TO-DAY COSTS RUNNING HIGH Special to Times. AUCKLAND, Last Night. Decision on the application for an adjournment of the case, Nelson versus tho New Zealand Herald, has been deferred by Mr. .Justice Herdman till to-morrow. His Honour was informed by Mr. Hall Skelton (counsel for Nelson) that a radiogram had been .sent to Samoa requesting the Administrator to allow tho plaintiff’s witnesses to come to New Zealand, and a reply is awaited. “There does not seem to be a possibility of tho Administrator giving his' consent,” observed Mr. Richmond. “He has been asked at a moment’s notice to give safe custody tp witnesses who aro fugitives from the law out in the bush. Is it likely that if the men are fugitives this can be done?” Mr. Justico Herdman: Well, if the case is heard in March, some other Judge will have to take it. Mr. Richmond: Wo should be most loath not to have your Honour’s judgment. Mr. Skelton said that it was unlikely that a reply would be received from Samoa till late this afternoon. * ‘ These men are in the bush. How can tho Administrator decide in the time?” pressed Mr. Richmond. His Honour: What about your witnesses? Mr. Richmond: Wo can hold our witnesses till March. Three Samoans are the ones vitally concerned. If we let them go by the Tofua, it is unlikely we can get them back here in May. I earnestly ask that the matter stand over until March. If my friend ounnot go on then, let him discontinue. One of these alleged libels is two years old to-day. “If we can’t get our witnesses in March, then I can see tho position,” commented Mr. Skelton. “It seems to me a question of costs. B Perhaps the proper course would bo to discontinue. ' Mr. Richmond said that the defendants had to keep paying their witnesses reasonable allowances. They bad to be provided with clothing. The witnesses were net unfair in their requirements, but the costs were running to a very high figure. It seemed that it would be better to discontinue now. After further argument, it was decided to defer a decision on the adjournment till the morning.