SAMOAN PROSECUTION

Poverty Bay Herald, Volume LV, Issue 17237, 17 April 1930, Page 7

SAMOAN PROSECUTION

SHOOTING OF A NATIVE LANCE-CORPORAL CHARGED ACQUITTAL OF THE ACCUSED APIA, "March 20. At- the High Court, Apia, before His Honor Chief Judge Luxford, and Messrs. T. Brighouse, W. Burnett, C. E, Hall and R. Low, assessors, Lance-Corporal Ricketts appeared to answer a charge of manslaughter. Mr. W. K. Andrews appeared for the Crown, and Mr. G. Klinkmueller for the defence. • ' Mr. Andrews outlined the case for the prosecution, which arose out of the shooting of a male Samoan, Molia, during operations being carried out against fugitive Mau members in the hills on January 22 last. By permission, the statement of Dr. G. B. Campbell, of Apia Hospital (who had since left Samoa), and the dying depositions of Molia, wer© put in as evidence. In his statement Dr. Campbell said that on January 22 he admitted to Apia Hospital the Samoan Molia, who stated his age to be 28 years. Witness was led to beliete that the wound had been inflicted about mid-day ori the same day.. Moiia died on .January 27. In his dying depositions Molia sajd : "I was sent down to get food and I was resting under some trees waiting for boys who were to bring food from the village. While waiting I fell asleep, and when I awoko I was much dazed because I saw soldiers, so I ran inland.. The soldiers were running; they gave chase after me; then I heard a gun. I would be. 40yds. away from them then. I ran and ran until I thought I was going to die of exhaustion, and I fell down. A soldier was right above me J after I fell down, and he shot me as I sat.

To the court: I did not see more than one soldier. As soon as I was shot the soldier blew a whistle. He was ■within' an arm's length of me when he shot me. He shot me with a revolver; it was about a foot to 18in. away. I was not carrying any weapon. I did up ' any stone.. AN ENCIRCLING MOVEMENT.Constable R. E. Katterns said that he remembered January 22, when he Was with Constable Sparks, a native policeman, Siaki, and a messenger, Loraiga, under Lance-Corporal Ricketts,.attached » to a party of marines under the command of Captain Spicer. They left Mulifanua about a.m. and proceeded by ' motor-lorry up the Lefaga track to Stunzner's plantation. At a junction of three tracks a halt was ordered, and, while resting, voices were heard in the . bush. Captain Spicer ordered the police party to make an encircling movement. ' Lance-Corporal Ricketts led, followed by witness, Sparks and Siaki in that order. They saw six or eight Sambans on foot • about 30yds or 40yds distant. When first observed they were hurrying through the bush, then they started ito run. ... '

About, this time witness heard a fewshots from the left. He could not say if they were revolver shots. . : Witness drew his revolver. He was expecting to meet the Mau here in force. Information had been received to that effect. He could not see if Ricketts had drawn his revolver. One Samoan was about 10yds or 12yds ahead from Ricketts, with witness about syds behind. STONE THRO\YN AT ACCUSED Just after the shots were heard to the loft the Samoan ahead turned round and threw a stone at Ricketts. The stone was larger than a cricket ball. Ricketts ducked, otherwise the stone would hav« hit him. j lt passed over his head and Ricketts at the same time fired. The Samoan fell to the ground. The stone was thrown before Ricketts fired. He considered that there was justification,in; firing, to, .protect...Ricketts. * "He saw no other stones thrown. He could see both Ricketts and the Samoan from Jjis position. The Samoan was 10yds or 12yds from Ricketts,

Witness said he had good reason to use firearms when stones were thrown. .He remembered December 28, when a comrade was beaten to death with stones and clubs by members of the Mau. Police and naval men looked upon the Mau as : dangerous opponents with stones. f STATEMENT BY ACCUSED. Accused was put in the witness-box by Mr. Klinkmueller, and corroborated the evidence of the previous witness as to the movements of the party on January 22. He was instructed that Mau camps were in the lino of inarch. The object of the operation was to find* the camps, 'ami arrest anybody found therein. White police were armed with regulation revolvers. Witness had six rounds of ammunition. No special instructions as to the use of firearms were given on that day. The standing orders would be in force. ~

Continuing, he corroborated the evidence of Katterns as to' the surprise of the Samoans aud the early stages of the chase.' He ran into an open space. He was surprised at his nearness to the Samoans. He saw two or three 10yds or 12yds away. . The last of the party turned and hurled a stone at accused, He did not see him pick up a stone. He drew his revolver and fired without aiming. He had been subjected to stone-throwing for five or six days, and remembered what happened to Constable Abrahams. He was in a nervous, condition. He considered the firing was quite justified. Further witnesses gaye evidence. Counsel for the prosecution did not address the court.

The assessors found that the accused had, at the moment of shooting, believed his life to be in danger.

The case was dismissed