CLAIM FOR £l0,000

Poverty Bay Herald, Volume LV, Issue 17175, 4 February 1930, Page 12

CLAIM FOR £lo,ooo

ALLEGED LIBEL CASE ADJOURNED (for Press Association.) AUCKLAND, last night. 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 O. F. Nelson for £IO,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 plaintiff, until 10 o'clock tomorrow to file affidavits on oath giving the names and addresses and evidence expected of these witnesses. His Honor commented strongly on the publication of the report in which the Herald witnesses were described 'as "rogues," and stating that they would be gaoled on reaching Auckland. He added that the persons responsible for the publication were interfering with the course of justice, and proceedings would have to bo taken against, them. A sensational' affidavit, filed by the defence, of Ainuu Tasi, Sainoan high chief, was to the effect that if he gave evidence he was warned by members of the Man that his life would be in clanger. Mr. Richmond, for the defence, said that threats to kill witnesses giving evidence against Nelson had been made by members of the Man. Supporting the application for the adjournment, Mr. Skelton said that since the disturbance, which was no fault of plaintiffs, the witnesses having taken to the busli were -not available. One witness was in custody. His Honor: Have you tried to get into touch with them? Mr. Skelton: it's impossible. The police are chasing them. HIS HONOR CRITICAL When His Honoi' asked for the names and addresses of witnesses, and counsel demurred, His Honor told him plainly that the court was not going to be humbugged in the matter. 'lt's not your

fault that the case lias not ibecn tried before this, but it's time if had," added His Honor, who persisted in his demand for the names, addresses and details of the testimony witnesses would give, despite counsel's protests that lie could not legally he compelled to give tins information.

His Honor : Do you say that because you give the names and addresses of your witnesses tfiat the Administration would prosecute and imprison them?

Skelton confessed lie did no!

For the defence, Mr. Richmond described the application for the adjournment as utterly indefinite. No one, he said, could foresee the end of the trouble. , His Honor: If the trouble goes on interminably, the case may have to be discontinued.

Air Richmond jointed out that several of the witnesses for the defence had been threatened by the Man if they gave evidence against .Nelson. Mr. Skelton: Only if they gave false evidence.

His Honor said it was possible 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 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 defendant, pointed out the amount of propaganda being

issued in Samoa concerning the case and also a wireless message from Mr. Skelton from Samoa, saying that 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 tomorrow morning. THE MAU IN SAMOA VILLAGES DESERTED The headquarters of the Man organisation, Vaimoso and Lepoa, upon the outskirts of Apia, until a. few days ago were crowded with native warriors from the outlying districts of Upoh: and from 'Savai, writes the Auckland Herald's Apia correspondent under date of January 14. The villages were gay with feasting and sports for the I younger men, while frequent kavacnlls and droning of talking men engaged the elder sections. The Administrator's proclamations posted on January (i changed the scene practically overnight. All through the night of January 7 overladen motor lorries and long native sea-going boats (fautasi) departed east and west with singing Samoans, while hundreds took the trail on foot. On Wednesday the Mau office —an did band rotunda —was closed and minus its purple flag. The villages, except for some women and children, were completely deserted. Such was the Mau's answer to the Administration. For the remainder of the week considerable preliminary work was done by tin 1 .police force under Inspector Braisby, and certain information was gained as to the destination of the Man leaders. The strength of the force was too small to attempt anything definite with certainty of success.

On 'Sunday, January 12, 11.M.5. Dunedin tied up in Apia harbor at 2 p.m., and the work of completing an organised movement was promptly proceeded with. On Monday morning stores and 'equipment were smartly landed and dispatched with strong parties to unnamed destinations, It niust--.be understood that civil authority is still in control of the situation, martial law not having been proclaimed. The operation now in hand is merely that of reinforcing the police in their efforts to enforce the Jaws of the territory. Throughout the civilian population there is a general feeling of relief, even among those who disapprove of the measures adopted, that at last an effort is being made to end the deadlock which has for too long been strangling the community.