The Action Against Sir Arthur Gordon.

Star (Christchurch), Issue 4749, 20 July 1883, Page 3

The Action Against Sir Arthur Gordon.

[PRB PBKBB AsaOOIATIOK.J WELLINGTON, July 19. At the Supreme Court to- day, in the cate Hunt r. Gordon, counsel agreed to accept tho | evidenoe taken on Commission, and the jury were allowed to retire until 2 p.m., their preeenco u&til that hour being considered unnecessary. Mr Harper, leading counsel for the defence, contended that no evidence had been adduced by plaintiff, or in the case altogether, to show that Hunt was entitled to recover by reason of the causes of action. He submitted that the evidence did not show that defendant had done anything he was not entitled to do by virtue of hi 9 office, and contended that the powers given to the High Commissioner allowed him to exercise his discretion in matters concerning tho peace of the islands over which he had control. " The Pacific Islanders Protection Act of 1875 " gave very arbitrary powers to the High Commiesioner, and he held that the action taken by Sir Arthur was fully in accordance with those powers. With regard to the assertion that the prohibition order had been tigned and served on a Sunday, counsel submitted that the evidence was not conclusive on the point. Undor the Order in-Oouncil no service was, he contended, required. Mr Harper quoted from evidenoe given on Commission by Sir j Arthur Gordon to show that no mention was J made of the date, and submitted that there was nothing to show that the order was not made on the previous day (Saturday). As to plaintiff being a naturalised Samoan subject, he hold that if plaintiff could show that Samoa was capable of granting naturalisation to a British subject, that Samoi was an independent State, and that defendant knew this, he (plaintiff) could not recover damages for any such act bb defendant was alleged to have performed. A foreign State was ono that had been received in the family of States, end acknowledged to be capable of forming treaties, and making peace and war. Ho instanced the case of the Cherokee Indians in Georgia, United States, who were granted a " decree of Independence," but could eater into no relations with any nation outside the United States. In the treaty of 1879, tho supposed foreign State of Samoa willingly allowed tho establishment of a British Court of law within its boundaries, and any summons from that Court, to oither British or Samoan subject, had full force under this treaty as if the State were a British Colony. They next came to the convention entered into with regard to a municipality of Apia. The municipal Board thereof consisted of foroign Consuls resident in the place, who had full power, even to tho appointment of a Magistrate, to try offences Bgaimt its regulations. All this was independent of the Samoaa Legislative Col* vention or Boards. Prince Bismarok showed that the so-called Legislature allowed a foreign Power (Germany) to dictate to it. His Honor pointed out that Bismarck's Convention was not one with a foreign Power at all, but limply an attempt to establish peace between chiefs who were at war one with each otker.

Mr Harper next referred to tbe oounfe

sotting forth tbat defendant had aoted illegally in signing the warrant for the plaintiff's arrett in Wellington, and argued that he had a right to sign it anywhere. His Honor disallowed the application for a nonsuit.

On re aisemblin?, the jury were farther reliered from attendance till 10 a.m. on the following day. Mr Shaw said the purport of his learned i frietd's apDlioation was to remove the case from the jury altogether. The facts of the case had been brought to* the pleader some eighteen months ago by a layman, who had to state his case as best he could. If, under these ciroumstances, the counts were not quite so dear as might be desired, he would ask Bis Honor to take a broad view of tie subjeot, and not allow justice to be defeated by mere technicalities. They would re«t their case on two points, namely, that ftvsoa was never under the Western Paoiflo Protection Act at all; and, secondly, that Bamoa is an independent and civilised Power. He had yet to learn that a nation was not civilised because it was black. The inhabitants of India were, he believed, very black, and so were the Egyptians, jet no one would deny that they ranked as States. He quoted authorities to show that Samoa came within the meaning of the term "Foreiga States," and Great Britain had concluded treaties for dealing with its subjects in China, Japan, and (Turkey, that with the latter being almost identical with that concluded with Samoa. ' Mr Bell, after further argument, replied, and His Honor having intimated that he should reserve his deciiion on the points of law, the Court adjourned till ten o'olook the following day. WELLINGTON, Jttlt 20. At the Supreme Court, the case of Huns t. Gordon was resumed. Several of the issues in the declaration were struck out, and his Honor ruled that Sir Arthur Gordon had the power to deport any person or persons whom he considered were dangerous to the peace of the islands. The jury were re-empannelled this morning, and Mr Harper is now addressing them. It is ezpeoted that counsels' address will be concluded this afternoon. The summing up of Judge Bichmond, and the consideration of the jury will oooupy some hours.