MAORI WILL CASE.

Timaru Herald, Volume XIIC, Issue 13957, 17 July 1909, Page 6

MAORI WILL CASE.

NEW TRIAL APPLIED FOR. Per Press Association. WELLINGTON, July IG. A special Court consisting of the Native Land Court Judges Jones and Rawson and Mr Hemi Erneto (assessor) sat to-day to hear an application for a retrial of the whole x>roceedings in regard to the will of Winia Matua, deceased. Application for a new trial was made on the grounds that the decisions of the Native Land Court and Native Appeal Court in refusing to grant probate of the will of Wi Matua were obtained by fraud. It was further alleged that the decisions cf the some courts on the applications for the succession to the interests of Wi Matua in various blocks of land, were secured by false evidence and "ollusion. Mr Balwin appeared for the applicants, Messrs Sk'errett, Fraser and Loughnan for the other parties. Mr Skerrett and Mr . Fraser _ took strong exception to the application which was characterise das unwarranted on the facts, and without merit of niiy kind. Mr Fraser said tlie case was one of the s?nnd"lous s"id ary ever brought before n. civilised court. He declared that he wanted not to read the affidavits hut to get certain witnesses in the box on oath. The Court decided that until the con-*ra*-v T o S shown it must assume it had jurisdiction.

Mr Balchv'- 1 "T>->lipfl for If*"-"* x i T>"*i in cpHnin nffidnvits in amplification of +l, e facts already stated in the application. . Mr FrasT and Mr Skprrett nrotest"d. The fenced demanded witnessps •nstend of affidavits, so that tliey could Kn nnt. into the box ond testify on oath tlint, tlipv had pnniTnitt»d r>erii"-v. after which thoy could he dealt with in anot.l">r court. Mr s«"d if tbe court flowed +.'•>«» nrvnlicatio" it ts well tear n>-> 't.q r-nrn rnl"=! of Twocpdur* l . 'Hie Oo'-—+ revised +" accept n"V nd--i;t;«T,«l p c 'V , "vits nnd nnnomicod that .■t- - i'.n -'iTnis-ibilit-y of <'.<m|; if.-,- riffc-pd lofor OH.