ACTION AGAINST NEWSPAPER.

Otago Witness, Issue 3961, 11 February 1930, Page 24

ACTION AGAINST NEWSPAPER.

APPLICATION FOR ADJOURNMENT. AUCKLAND, February 3. The shooting affray in Samoa was referred to in the Supreme Court this afternoon in connection with an application for an adjournment of the claim of the Hon. O. F. Nelson for £lO,OOO for alleged libel against the New Zealand Herald. A sine die adjournment was sought on behalf of the plaintiff on the ground that 11 material witnesses in support of his case had taken to the bush and, because of the administrator’s proclamation, could not be obtained.

After hearing argument Mr Justice Herdman allowed Mr Hall Skelton, counsel for the plaintiff, until 10 o’clock to-morrow to file an affidavit on oath, giving the names and addresses and the evidence expected of these witnesses. His Honor commented strongly on the publication of a report in which the Herald’s witnesses were described as rogues and stating that they would be gaoled on reaching Auckland. He added that the persons responsible for publication were interfering with the course of justice and proceedings would 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 if he gave evidence he was warned by members of the Mau that his life would be in danger, and Mr Richmond, for the defence, said that threats to kill witnesses giving evidence against Mr Nelson had been made by members of the Mau.

Supporting the application for" adjournment Mr Skelton said that since the disturbance, which was nd'fault of the 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. The police are chasing them. When his Honor asked for names and addresse of witnesses and counsel demurred, the judge told him plainly that the court was not going to be humbugged in the matter. “ It’s not your fault,” he added, “that the case has not been tried before this, but it’s time it was.” Counsel protested that he could not legally be compelled to give information as to names and testimony. His Honor: Do you say that because if you give the names an<4 addresses of your witnesses the Administration would prosecute and imprison them? Mr Skelton confessed that he did not know. For the defence, Mr Richmond described the application for an adjournment as utterly indefinite. No one, he 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 defenctr.had been threatened by the Mau if they gave evidence against Mr Nelson. Mr Skelton: Only if they gave false evidence. His Honor said that if plaintiff could not produce his witnesses at a later date the case might have to be dismissed for lack of prosecution. Mr Richmond said that the limit of untruth was expected to be given in the evidence. He went on to refer to a statement handed to the press by Mr Hall Skelton on his return from Samoa. Mr Skelton: They took it down on the boat—half a dozen reporters. Mr Johnstone, for the defendant, pointed out the amount of propaganda that was being issued in Samoa, concerning the case and also the wireless message from Mr Skelton from Samoa, say ing the case would have to be adjourned. His Honor 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.

FURTHER ARGUMENT. AUCKLAND, February 4

When proceedings were resumed in chambers this morning, Mr Justice Herdman was informed by Mr Hall Skelton tliat a radiogram had been sent to his client’s agents in Samoa requesting them to ask the Administrator to allow the Samoan witnesses to come to New Zealand. Mr Skelton handed his Honor the affidavit, which Mr Justice Herdman had asked for when the proceedings were adjourned yesterday afternoon. Counsel stated that his client was very anxious that the case should come on. If five or six witnesses could be obtained the case could proceed. Mr Richmond said there was the difficulty that the witnesses would have to leave on Saturday morning. All the defendant's witnesses had made their arrangements with their families. Were they’ to be told they were not wanted? “ There does not seem to be a possibility of the Administrator giving his consent,” observed Mr Richmond. “He has been asked at a moment’s notice to give safe custody to witnesses—witnesses who are fugitives from the law—out in the bush. Is it likely that, if the men are fugitives, this can be done?” Mr Justice Herdman: Well, if the case is heard in March, some other judge will have to take the case. Mr Richmond: We should be loth not to have your Honor’s judgment in 1 us case.

Mr Skelton said it was unlikely that a reply would be received from Samoa till late this afternoon. “ These men are in the bush. How can the Administrator decide in time?” pressed Mr Richmond. His Honor: What about defendant’s witnesses? Mr Richmond: We can hold our —itnesses till March. • “If we can’t get our witnesses in March, then 1 can see the position,” commented Mr Skelton. After further argument, his Honor directed that the affidavit should contain a brief statement of the evidence which each of the witnesses named was prepared to give. As the affidavit would have to be prepared and filed, the proceedings would be adjourned till 10 a.in. to-morrow. Mr Richmond stated that if the defence was allowed to drift on till March the defendants would be greatly’ prejudiced. SUIT DISCONTINUED. AUCKLAND, February 5. Without prejudice to its resumption at a later date, O. F. Nelson has discontinued his suit against the New Zealand Herald, from whom he claimed £lO,OOO for alleged libel. No reply has been received from the Administrator to Mr Nelson’s request for the safe conduct of his witnesses, consequently Mr Hall Skelton told Mr Justice Herdman this morning that he had no option but to discontinue the action. He added that there was a movement on foot which it was hoped would lead to an amicable settlement of the troubles in Samoa.

DEATH OF WOUNDED SAMOAN. (Special to Press Association.) (By Radio.) APIA, February 4. One of the Samoans who was wounded on December 28 died in hospital yesterday’. Of the remaining two, amputation of a leg will be necessary in one case, while the other is progressing favour ably.