SAMOAN LIBEL ACTION

Nelson Evening Mail, Volume LXIV, 4 February 1930, Page 4

SAMOAN LIBEL ACTION

WITNESSES IN THE BUSH

APPLICATION FOR ADJOURNMENT

(By Telegraph—Special to "The Mall")

AUCKLAND, 3rd February. . The shooting affray in Samoa was' referred to in the Supreme Court this afternoon in connection with the application for an adjournment of the claim of the Hon. O. F. Nelson for £IO,OOO for alleged libel against the "New Zealand Herald." A sine die adjournment was sought on behalf of plaintiff on the ground that eleven material witnesses in support of his case had taken to the bush, and because the Administrator's proclamation could not be obtained.

i After hearing argument Mr Justice Herdman allowed Mr Hall Skelton, counsel for the 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 iif which the "Herald" witnesses were described as rogues, and staling that they would be gaoled on reaching Auckland. He stated that the persons responsible for its publication were interfering with the courts of justice, and proceedings would have to be taken against them. An affidavit, filed by the defence, of Amiui Tasi, a Samoan high chief, was to the effect that if he gave evidence he was warned by members of the Mau that Jns hie would be in danger, and Mr Kicnmond, for the defence, said threats to kill witnesses giving evidence against Nelson had been made by members of iiie .Man.

_. . . AUCKLAND, This Dav . decision on the application for an nclof the case Nelson versus Herald was deferred by Mr Justice Herdman till to-morrow. " The Judge was informed bv Mr Hall Skelton that !1 radiogram had been sent to Samoa re•l"el»ig the Administrator to alk-w plaintiff s witnesses to come to the Dominion. A reply is awaited.