CORONER'S FINDING IN THE INQUEST RESPECTING THE FATALITIES IN WESTERN SAMOA (28th DECEMBER, 1929).

Appendix to the Journals of the House of Representatives, 1930 Session I, A-04b

A. 4.8

1930. NEW ZEALAND.

CORONER'S FINDING IN THE INQUEST RESPECTING THE FATALITIES IN WESTERN SAMOA (28th DECEMBER, 1929).

THE FINDINGS, AND REASONS THEREFOR, IN THE INQUESTS INTO DEATHS OE CONSTABLE WILLIAM ABRAHAM; HIGH CHIEF TAMASESE; TAPU; FAUMUINA OF SAFOTU, SAVAI'I; AINOA; VELE; MIGAO; TU'IA; LEOTA.

Presented to both Houses of the General Assembly by Command of His Excellency.

On the 2nd day of January, 1930, I opened an inquest touching the deaths of Constable William Abraham and two Natives named Migao and Leota, whose bodies lay at the Apia Hospital on the 28th December, 1929. It was alleged that the three deceased died from injuries received during an affray in Apia between the Samoan Police Force and a body of Samoans on the morning of that day. It came to my knowledge that other Samoans met their deaths in the same occurrence, and accordingly I intimated that I would include in my inquiry the cause of the deaths of any other persons who died as the result of injuries then received. Evidence having been given of the deaths of High Chief Tamasese, Tapu, Ainoa, Faumuina of Savai'i, Yele, and Tu'ia, I accordingly extended the inquiry thereto ; although there was no direct evidence that Ainoa, Faumuina of Savai'i, and Vele were injured in the affray, there is sufficient evidence for me to draw the inference that they, as well as the others, received injuries at that time and that they died as a result of those injuries. It became necessary, in my opinion, to inquire into all the circumstances surrounding the occurrence. Thirty-five witnesses gave evidence at the hearing, of whom thirteen were called by the Crown and twenty-two by Mr. Slipper, who appeared for the relatives of the deceased Samoans ; although Mr. Slipper stated that he was unable to call certain other witnesses he agreed that the evidence adduced was comprehensive of the subject-matter under review ; with that I concur. On the morning of the 28th December the arrival from Pago Pago of two gentlemen, Messrs. Smyth and Hall Skelton, was expected, and to mark the event a Samoan demonstration of welcome was arranged by the members of an organization called the Mau : the demonstration was to be in the form of a procession from the Tivoli landing-wharf to the village of Yaimoso, and a series of entertainment after the visitors and the procession had reached that village. In the ordinary course of events people land in Samoa from overseas at the Customs Wharf, but in this instance Mr. Kruse, who was to be Mr. Hall Skelton's host in Apia, applied to and obtained from the Inspector of Police on the 27th December permission for both the visitors to land at the Tivoli Wharf. For some time past the members of the Mau organization have been opposed to the Government of Samoa. From the evidence adduced at this inquiry I gather that the members of the organization are required by its leaders to forbear from paying taxes prescribed by Jaw and to resist arrest in respect of any proceedings which might be taken in consequence of such forbearance. Not only is the individual concerned to resist arrest, but other members are required to assist him in the resistance.

I—A.1 —A. 48.

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Whatever may be the instructions or requirements of the heads of the organization, a position has developed which has rendered very difficult the arrest of any member of the organization whether the arrest arises out of the non-payment of taxes or otherwise, and Samoans who are wanted for criminal offences have been kept safe from arrest by or under the authority of the leaders of the organization. In two processions—similar to that proposed for the 28th December —held in June and in November of the same year —were men against whom warrants had been issued for criminal offences, but no police action was taken on those occasions. When Mr. Kruse made his application to the Inspector of Police in respect of the landing at the Tivoli Wharf, the Inspector ascertained from him that a procession of members of the organization intended to meet the visitors. The Inspector, apparently assuming that Mr. Kruse would be seeing the heads of the organization that day, told him to warn them that they must not bring any " wanted men" in the procession, because the police intended to arrest them if they were there. The Inspector also warned Mr. Kruse that there was bound to be resistance and trouble if an arrest was attempted. Mr. Kruse told the Inspector that he was not the organization's representative, and that it was not likely to listen to him. However, Mr. Krase went to Yaimoso and gave the late High Chief Tamasese the Inspector's warning, to which the high chief said, " Very well, I will talk it over with the others to-night." According to Mr. Kr use's account of his interview with the high chief, he gathered the impression either that Tamasese took the Inspector's message as of no importance at all, or that he appeared as if he intended to take no notice of it. The evidence does not show that Tamasese conveyed the message to anybody except to High Chief Tuimalealiifano. This high chief, 011 hearing the purport of the message, said to Tamasese, " That is the best way —obey the message," and thought from Tamasese's reply that it would be obeyed. On the morning of the 28tli December, Tuimalealiifano, at a meeting of the committee of the organization, reminded the committee that they were not to allow any wanted men to be in the procession. In spite of the Inspector's definite warning and High Chief Tuimalealiifano's admonition, at least two men against whom warrants of arrest had been issued paraded in the procession—Matau Karauna and Autagavaia. Matau played in the band which led the procession and made himself conspicuous by wearing a felt hat. The Inspector of Police having decided to arrest any wanted person who was in the procession, gave orders accordingly to Sergeant Waterson on the 27th December. That evening Sergeant Waterson detailed seven constables under Sergeant Fell to act as the arresting party, and a party of eighteen constables under Lance-Corporal Downes to remain at the police-station to be in readiness to support the arresting party in case of need. Sergeant Fell divided his party into two ; one, to comprise himself and three constables, who should perform the act of arrest, and the other to support the first in case of need. Those detailed for the act of arrest were to be without arms of any description ; the three men detailed to support them and the eighteen men acting as supports to the arresting party were to be armed with revolvers and batons. The Police Force standing orders in respect of the use of arms by the police are quite clear and comprehensive. I attach a copy of the orders to this verdict. The " Lady Roberts" reached Apia Harbour somewhere about 6 a.m. on the 28th December, and was boarded by the Inspector of Police, the Chief Medical Officer, and the other officials who have duties to perform consequent upon the arrival of vessels from overseas. At this time the procession of Samoans was on its way from Yaimoso to the Tivoli Wharf, and another procession was coming from the eastern side of Apia with the intention of converging with the Yaimoso procession at the wharf and returning with it to Vaimoso after the landing of the visitors. An officer of police was stationed near the Customs House on the western end of Beach Road for the purpose of ascertaining if any men against whom warrants

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of arrest had issued were in the procession. At 6.15 a.m. a telephone message was sent from the Customs House to the police-station stating that Matau Karauna was in the procession and was playing in the band. Sergeant Fell waited at the barracks, but sent on the message to Sergeant Waterson, who at that time was along Beach Road to the west of Ifi Ifi Street, waiting for the arrival of the procession from Vaimoso. He met the procession when it reached the Market Place and walked along with it —on the inland side of the road —in the hope of being able to identify Matau Karauna. In this he failed. Sergeant Fell heard the band coming towards Ifi Ifi Road, and moved the arresting party to the junction of that road with Beach Road, reaching there at the same time as the head of the procession. Sergeants Fell and Waterson and the arresting party continued along with the procession on the inland side of it. This, according to Sergeant Waterson, made the members of the procession appear to become uneasy and the band to play out of tune. A signal was given at this time by two men near the head of the procession which had the effect of causing the people known as " Mau police " to move up towards the hjad of the procession. The evidence shows that the procession was moving in the formation known as " column of fours," but that on either side of the column at intervals of approximately five paces walked the men who are known as Mau police. They wear a distinctive dress and carry batons of a substantial character. Samples of these batons were put in in evidence at the hearing. The men who moved up on the inland side came between the arresting party and the procession. This appears to have happened in front of Andrew's store, and there the band stopped playing, halted, and turned towards the inland side of the road. The halt was only momentary, however, for almost immediately afterwards it recommenced playing and moved on towards the Tivoli Wharf. During the momentary stop, and while the band was facing inland, Sergeant Waterson recognized Matau Karauna, the man who was to be arrested. The sergeant called out to Sergeant Fell and the arresting party, " That's him in the felt hat." Matau Karauna was in the last row but one of the band, and was on the seaward side of the procession ; he was the only person in the band wearing a felt hat, and Sergeant Fell thinks he was the only one of that body who had a hat on at all. As soon as Sergeant Fell recognized Matau he made a sharp move into the procession to arrest him, and succeeded in reaching him. Sergeant Waterson attempted to accompany Sergeant Fell but was held back by the Mau police. Matau attempted to run away when he saw Sergeant Fell, but made no resistance once the Sergeant caught hold of him. The sergeant had just started to move Matau out of the procession when he received two blows on the back of the head, which caused him to fall to the ground in a semi-unconscious state and to lose his hold of the prisoner. Sergeant Waterson was still held back by the two Mau policemen, and apparently, owing to his view being blocked, did not see Sergeant Fell struck ; he next noticed him after he had fallen to the ground and was lying in what appeared to be an unconscious state. Then Waterson saw a Samoan strike at Fell with something in his hand. This moment appears to be crucial —the moment when the situation changed and resulted in the ghastly and distressing consequences hereafter to be related. Previously to Sergeant Fell being struck down there is no evidence to show that any member of the Police Force acted in any other than an ordinary and reasonable way necessary to effect an arrest. It was suggested by counsel for the relatives of the deceased that Sergeant Fell should have presented his warrant to Matau and informed him that he was being arrested thereunder. The evidence satisfies me that such a proceeding would have been useless, and in the circumstances an improper discharge by the sergeant of the duty devolving upon him. The police witnesses have stated the difficulties they have had to contend with in making arrests for the past six months : that would appear to be the obvious result of the instructions given by the committee of the Mau organization to its members and which were deposed to by the High Chief Tuimalealiifano.

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I will quote from the note of his evidence : —- Q. It has been stated that the police are resisted forcibly when they try to effect arrests : do you know if that is true ; and, if so, if that is in consequence of the instructions of the Mau ? —A. That is correct. Q. Do I understand that the committee of the Mau gave instructions to its members to resist arrest ? —A. That is correct. Q. Do I, then, understand that if the police had gone to Vaimoso to arrest Matau that the people of Vaimoso would have come to Matau's aid to prevent the arrest ? —A. Quite so ; the instructions of the Mau were to resist the police from arresting a prisoner, but not with serious force : if the police succeeded they could have him. It is true that the high chief said subsequently, in answer to Mr. Slipper, that the resistance directed was limited to arrests for offences arising out of the nonpayment of taxes ; but I am satisfied from the evidence that during the last six months at least the members of the organization have extended the resistance beyond that class of case. Whether this is so or not, no part of any community has any moral or legal right to interfere with a police officer in the execution of a warrant, and if there is an organized persistent interference amounting to force it is inevitable sooner or later that serious consequences must result. I have stated already that the crucial moment occurred when Sergeant Waterson observed Sergeant Fell lying on the ground in an apparently unconscious condition, and a Samoan in the act of striking him. Sergeant Waterson was prevented from going to Fell's rescue by two Mau policemen. I will quote from his evidence : — Next thing I saw of him (Sergeant Fell) he was lying on the ground, apparently unconscious. I saw a man striking at him while he was on the ground, with what I cannot say. I was still held by my two assailants. I say that the man who struck at Sergeant Fell as he lay on the ground had something in his hand. As I could not get past the two men who held me, I pulled out my automatic, took aim, and pressed the trigger, but the pistol did not fire. At this time I could see that the remainder of the arresting party were heavily engaged. I saw batons being swung. When my pistol failed, I pushed its butt into the face of the man who was holding me. He let go his grip. At the same time I knocked away the other man's arm. This enabled Waterson to reach Fell, and to assist him to his feet. At this moment Lance-Corporal Downes, with the supporting-party, reached the scene. Downes had stationed himself at the corner of ItL Ifi and Beach Roads, and when he saw the trouble which ensued on the arrest of Matau, he sounded a whistle : this was the prearranged signal that the supporting party was required. That party accordingly moved at the double from the police-station along Ifi Ifi Road into Beach Road and on to Fabricius's store, opposite which the fight between the Samoans and arresting party was taking place. There has been a number of different versions concerning the firing of the first shot: — Sergeant Waterson says the first shot was fired just as he succeeded in raisingFell to his feet. Constable Cahill, a member of the supporting party, says he heard no shot fired before he reached the scene of the trouble. Lance-Corporal Downes, who had the arresting-party in view from the time the trouble started until he reached the scene of it, says he does not know if any shots had been fired before his arrival. Peter Fabricius, a boy of thirteen, who witnessed the commencement of the trouble, was unable to say how long it was after then that the first shot was fired. Firing had commenced before his father made him go inside the building for safety. Sergeant Fell has a very hazy recollection of what happened after he fell to the ground, owing to the nature of his injuries, but he is definite that no shots were fired before he was struck. Sua, a Samoan in the procession, who was subsequently wounded at the Ifi Ifi corner, was close enough to the band to see Sergeant Fell arrest Matau. He

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says that Sergeant Fell fired the first shot, but in this I am satisfied he is mistaken. I will quote parts of his evidence as it appears in the notes : — Q. What did the policeman try to do with Matau ? —A. I just saw him put his arms round Matau. Q. What is the next thing which you saw? —A. A general mix-up and a fight. After saying that the first shot was fired by the leader of the police party, the note continues : — Q. Was the man who fired the first shot the man who put his arms round Matau ? — A. He put his arms round Matau and later fired the gun. The note of the cross-examination of this witness shows :— Q. Had Matau freed himself before the policeman fired ? —A. Yes. Q. What were the Mau police doing when the first shot was fired ?—A. Fighting. Q. Using their batons ? —A. Yes. Q. How many Mau police were using their batons ? —A. I do not know. Karen Hellesoe, who was standing on the upstairs veranda of her residence, on the western corner of Ifi Ifi and Beach Roads, and who viewed most of the happenings from the time the procession reached Mulivai Bridge (some distance west of the corner), says that the first shot was fired about three minutes after the fighting commenced. High Chief Tuimalealiifano, who marched in the procession immediately behind the band, said he was unable to remember when the first shot was fired, as he was too excited, but later said that shots were fired directly the white policeman fell down. Tapu, a Samoan van-driver, says he was driving his van along Beach Road on the morning of the 28th December and had caught up the rear of the procession at the Mulivai Bridge. He then drove past the procession on the seaward side of the road, apparently getting ahead of it somewhere near the Ifi Ifi corner. He pulled up at the Vailima Road corner, and when he heard shots being fired at the rear of him he left his van to go back to the scene of the trouble. This evidence does not assist in the determination of the time of the firing of the first shot. Charles Hickey, a young Samoan in the employ of the Public Works Department, was in Ifi Ifi Road, in front of the messengers' house, when the head of the procession reached the corner. A party of police —apparently the arresting party — ran past him and turned into Beach Road. He followed them, running across the lawn in front of the Courthouse on to Beach Road, and took up a position of vantage on the steps leading into Mr. Andrew's store. I will quote from his evidence relating to events subsequent to his arrival at the steps : —- Q. What did you see then ? —A. I saw Sergeant Fell speak to Sergeant Waterson. Q. What were the Mau doing then ? —A. Some of the members of the procession were pushing the police towards the side of the road. Q. Were any of the Mau carrying weapons ? —A. Yes, what you call batons. Q. How many were carrying batons ? —A. I do not know. Q. Was it a large number or small number carrying them ?■—A. Quite a few. Q. What did you see next ? —A. Some of the police make their way through the procession on to the sea side of the road. Q. Which of those policemen did you recognize ? —A. I can't say which went through the procession. Q. Was Sergeant Fell amongst those who went through ?—A. No ; but at that time I saw him on the ground. Q. Where was that ? —A. About the middle of the procession. Q. How did be come to be on the ground ? —A. I did not see him fall. I think a few seconds after this the first shot went off. Q. What happened between the time the police broke through the procession and the first shot being fired ? —A. There was a general mix-up—that is, people gathering together and hitting one another. Q. What with ? —A. I did not see what they had in their hands. Simeaneva, a Samoan woman, says she walked alongside the procession as far as Hellesoe's shop, at the corner of the Ifi Ifi Road, and then went on to the groundfloor veranda of that building ; there she remained during the whole of the happen-

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ings now under review. She gives a detailed account of the arrest of Matau as seen by her, as will be observed from the following quotation from the note of her evidence: — I saw Matau in the procession : I saw him arrested opposite to Fabricius's. Q. In what way was he arrested ? —A. The sergeant caught hold of him. Q. How ? —A. He tried to put his arms round him ; he succeeded. Q. What was Matau doing just before that ? —A. He was playing his instrument. Q. What did the sergeant try to do with Matau when he put his arms round him ? — A. He tried to lift him up, but he fell down. Q. Can you say if the European sergeant was struck down ?—A. No ;he fell down by himself. He stood up again immediately. Q. Was it the sergeant's face that was towards you, or his back ? —A. He was sideways on to me. Q. When the sergeant was on the ground did any one go to his assistance ? —A. Nobody helped him —he just got up. Q. What did he do then ? —A. He made another rush at Matau and caught hold of him. Q. Well, what happened on this second attempt ? —A. Matau ran away. Q. What happened next ?—A. The first shot went off. Q. From where was that shot fired ? —A. Opposite Fabricius's. Q. Did you see a man fire it, or only hear it ? —A. I heard it. The witness was asked about the period of time between Matau breaking away the second time and the first shot being fired. She became confused about the period of time —genuinely, I think —and was unable to give a definite answer. I have now completed a summary of the evidence of the eleven witnesses who have been able to speak about the firing of the first shot. From this evidence it is clear to me that no shot was fired by the police until some time after Sergeant Fell was struck down and a general fight had commenced between the arresting party and the Mau police. It must be remembered that four of the arresting party were unarmed. It is impossible to determine the exact moment the first shot was fired, but the weight of evidence tends to show that it was fired just about the time of the arrival of the supporting party. The next point of inquiry is to ascertain whether the police were justified in opening fire, and for that purpose I will examine evidence adduced before me relevant to the question. 1 have already referred to the men called " Mau police," who marched along each side of the procession at intervals of approximately five paces, and most of whom were armed with batons of a substantial nature. There is no serious conflict in the evidence concerning this. The presence of these men was referred to by two of the witnesses who had been in the procession, from whose evidence I will make a few quotations : — Tanuvasa (under examination by Mr. Slipper). Q. What was the reason of having Mau policemen alongside the procession ?—A. The reason why they carried batons was to prevent the Mau from stupid conduct. Q. Was it to keep order in their own ranks ? —A. The reason of the batons was to prevent those uncontrolled young men of the Mau, and not to oppose the white policemen. Fauala (also under examination by Mr. Slipper). Q. Is it correct that Mau police were placed along each side of the procession at intervals of five paces ? —A. Yes. Q. What was the necessity for them to carry batons ? —A. Just for protection. (Court) Q. Against what ?—A. Just the police —protection against guns, &c. The interpreter then explained to me that he had made the suggestion of " guns, knives, or things like that." The question was again put, and the witness said, " Please cancel what I have just said, it was wrong : I should have said, ' Protection against anything— drinking among the Mau ' ; 'it was for the Mau." (Court) Q. What danger did you think existed on 28tli December —the day of the procession —which would necessitate carrying batons ?—A. If any member of the Mau tried to break the peace the Mau policeman would use the baton on him. (Mr. Slipper.) Q. Was it the purpose of the Mau police to prevent the Government police from carrying out their duties ?—A. No. Whether the purposes of the Mau police were as stated by these two witnesses or not, the fact remains that as soon as it was apparent that the European police intended to effect an arrest of a person near the head of the procession the Mau

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police—armed with clubs—doubled up to that point, and a number of them came between the police and the procession and endeavoured to prevent them from carrying out their duties. In this they were encouraged by the High Chief Tuimalealiifano and several chiefs near him. I will again quote from the high chief's evidence : — Q. Were instructions given to the Man police to hold back the white police if they should try to arrest any one in the procession ?—A. No, there was no instruction given to the Mau police about keeping back the white police. We just told them when the white police tried to break into the ranks of the procession to keep the white police back quietly. Q. You told them that even though you knew that the white police were trying to effect an arrest ? —A. We just called out, " Keep them back quietly without force." Q. Were you aware before you called that out that the white police were trying to effect an arrest ?—A. Yes. It is difficult to see how a policeman could be kept from performing his duty except by force. In any case, it is clear to me that the Mau police disregarded the high chief's qualification to his instruction. I will refer to the evidence adduced to show what were the actions of the Mau police after they doubled up to the van of the procession. Some of this evidence I have already quoted. Lance-Corporal Downes, from the corner of the Ifi Ifi and Beach Roads, saw a number of Samoans double up to the arresting party, carrying what he calls the ordinary Mau truncheon —similar to that produced and put in in evidence at the hearing; one Samoan carried a hammer, another a small axe, and some the ordinary ceremonial knife. He considered that the arresting party was in danger, so he sounded his whistle, which was the prearranged signal for the supporting party to come forward. That party came up in answer to his signal, and with him made its way quickly towards the arresting party. The lance-corporal then says : "A general fight was in progress. The arresting party was hemmed in. The Samoans were belabouring the party with clubs. Stones were flying everywhere." Sergeant Waterson's evidence has already been quoted by me, and shows that at the time he tried to fire his revolver the arresting party was heavily engaged and batons were being swung. Sergeant Fell was unable to speak of what happened after he was struck down, except to say that he had fifteen distinct bruises upon him and two stab wounds in the back in consequence of blows received during the affray. Sua, a Samoan, who was a member of the procession, and who was called as a witness by Mr. Slipper, gave the following evidence in answer to Mr. Andrews : —■ Q. What happened to the policeman who seized Matau ? —A. I saw a crowd of the Mau police rush towards him. Q. Were they using their batons ? —A. Yes. Q. Did you see the policeman fall ? —A. Yes. Q. What made the policeman fall ? —A. I just saw him fall ; I did not see what made him fall. Q. What were the Mau police doing when the first shot was fired ? —A. Fighting. Q. Using their weapons % —A. Yes. Q. How many Mau police were using their batons ? —A. I do not know. Q. A large number or a small number ?—A. I can't say. Q. Were there more Mau police using batons than there were white police ? —A. I could not say ; it was too crowded for me to distinguish. In examination by Mr. Slipper, this witness said that after the policeman put his arms round Matau the next thing he saw was a general mix-up and a fight, and in re-examination he said that he never saw anybody actually struck. Miss Karen Hellesoe says that she saw a body of police —about eight in number, and presumably the arresting party —double along Beach Road towards Fabricius's store, and after that she saw rocks flying and the police all mixed up with the Mau. I have already referred to her statement that she thought the first shot was fired about three minutes after the fighting started.

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High Chief Tuimalealiifano : I have already referred also to the high chief's evidence up to the time he told the Man police to keep back the white police quietly, and will now quote from the note of his subsequent evidence :■ — Q. Did you see any of the white police reach Matau ? —A. Yes, I think one or two. Q. Did the constable do anything to him I—A.1 —A. I am not sure ; there was a general mixup at the time. Q. Did you see what happened to those constables ? —A. No, there were too many people between me and them. I was still standing there and kept calling out " Keep quiet." I called that out many times. Q. To whom did you call out ? —A. To the Mau. Q. Did many of the Mau policemen come up from the back when the white policemen tried to break through the ranks of the Mau? —A. Yes, many of them; I am not quite sure of the number. Charles Hickey's evidence on this point I have already set out. He says there was a general mix-up between the time the police broke through the procession and the first shot being fired. He explains what he meant by a mix-up— people gathering together and hitting one another. Simeaneva from Hellesoe's ground-floor veranda saw the Mau police marching along each side of the procession, but did not see them move up. She speaks of a general mix-up of the procession between the Ifi Ifi corner and Fabricius's store, just after the police broke through. From the evidence of the witnesses I have referred to it is quite clear, whatever may have been the instructions of the leaders of the organization to the men who are called Mau police, a large number of that body rushed towards the head of the procession as soon as it was thought that the police intended to make an arrest, for the purpose of preventing them ; when the Mau police saw that the police were determined to do their duty they set on them with their batons. The position of the arresting party on the arrival of the supporting party was precarious, and, in my opinion, the use of firearms by the police was justifiable. The effect of the fire by the police was to cause the Samoans to fall back from them. Sergeant Waterson says : — Several shots were fired, and the Natives drew back about 20 to 30 yards in each direction. Just as Sergeant Fell was on his feet the supporting party were using its batons. There was a thick mass of Natives ; most of them had batons ; they were fighting the police. When the Natives drew back the police were in the middle of the open space ; Natives were on each side of them. Stones then came from both sides, more heavily from the western side. When the Natives drew back the police, to the best of my recollection, stopped firing. The stones came very thickly —thirty or more stones in the air at once : all sizes were used, but mostly stones which would go through a 3 in. or 4 in. mesh. I then realized that my men were likely to be hurt and would not have time to reload once they had emptied their revolvers. I could see the Natives were being reinforced, so I called on the men to get back to the station for their rifles and bayonets. We succeeded in getting back to the station. . . . I was able to fight my way along Beach Road. . . We were stoned all the way to the station : the Natives followed us down Ifi Ifi Road. Sergeant Waterson thought he had with him the whole police party, but he subsequently learned that four of the party retreated down an alleyway between Fabricius's and Andrew's stores —the alleyway in which Constable Abraham met his death. To that, however, I will refer later. Sergeant Waterson's evidence is confirmed to some extent by Sua, from whose evidence I will again quote : — Q. When there had been many shots fired, what did the Samoans do ? —A. Stones were thrown by the Mau at the police. Q. Were any stones thrown before the firing ?—A. I do not know about that. Q. Did you see any stones thrown before the firing ? —A. No. Q. What did the police do when they stopped firing ? —A. They moved back. It seems that the stone-throwing would not have commenced while the police were mixed up with the Samoans, and that the Samoans would have fallen back from the police when the firing started.

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The note of Sua's evidence continues : — Q. How many shots had been fired before the Samoans commenced to throw stones ? — A. I do not know the number, but I can say that many shots had been fired before the Samoans commenced to throw stones. Q. Were many stones thrown after the stone-throwing commenced ? —A. Yes. Q. Were there many Samoans near you who were not throwing stones ? —A. I could not see everywhere, but three or four near me were throwing stones. Q. How long after the stone-throwing commenced was it that the police retreated down the lane ? —A . Not long afterwards. This witness was under the impression that all the police retired by way of the alleyway between Fabricius's and Andrew's stores. Miss Karen Hellesoe saw something of the stone-throwing, but did not see the retirement of the police. Christian Hellesoe, who was on the same veranda as Miss Hellesoe from a time a little subsequent to the commencement of the firing, saw the fighting taking place opposite Fabricius's store. I will quote from the note of his evidence : — Q. Were shots being fired then ? —A. Yes. Q. Were other weapons being used ?—A. I could not say definitely, but I saw what I thought were clubs being used. Q. Did you see any stones being thrown ?- —A. Yes. Q. By whom ?—A. Some of the Natives. Q. Did you see at what they were throwing ? —A. Apparently at the police. Q. You say some stones : how many ? —A. Just a few. Q. How long did this continue ?—A. I suppose, two or three minutes. Q. What happened then ?- —A . The firing stopped, and the police retreated to Ifi Ifi Road. Q. What did the Natives do then ? —A. They followed the police. Q. Doing what ? —A. Talking : they were very excited. Q. Were any stones being thrown as the police retreated towards Ifi Ifi Road ?— A. One or two. In re-examination this witness said that the police had to break through the Mau Natives between Andrew's store and the corner, and that there were just a few odd bits of fighting on both sides. Tapu, to whose evidence I have already referred, pulled up his van at the Vailima Road, and, when he heard the firing, got out of the vehicle and walked back to where the trouble was taking place. He saw some policemen firing on the Natives from close to Fabricius's veranda, and then he saw the retirement of the police : some went along Beach Road towards Ifi Ifi Road, and some went down the alleyway between Andrew's and Fabricius's stores. He followed the crowd towards Ifi Ifi Road, and when he arrived at the corner the police had reached the police-station. I will quote from the note of his evidence : — Q. What did the members of the procession do when the police were firing ? —A. This time some were running away, some to the east and some to the west, and some were wounded. (In cross-examination) Q. Were the Samoans throwing stones or using weapons at the time ?• —A. I did not notice that: I saw the police shooting for about one minute. The police retired after a minute or two ; members of the procession were running away ; then I walked to the corner. The police did not retire behind the retreating Samoans. Some Samoans were ahead of them —some went alongside the police and some were behind the police. Q. Were the police still firing as they retired along Beach Road ?—A. No. Q. How long after the police left Fabricius's store was it that you went to the Ifi Ifi corner ?—A. I cannot say how long. Q. Had the police got around the Ifi Ifi corner before you left Fabricius's store ? — A. Yes. Q. Were there a number of Samoans moving westwards between you and the corner ?— A. Yes. Charles Hickey, after seeing stones thrown by the Samoans, went to render assistance to a Samoan who had been knocked down in a fight with a European constable. He found that the Samoan had a wound in the shoulder ; he tied this

2—A. 4b.

A. —4b

10

up and handed the Samoan to two girls to look after. I will now quote from his evidence : — Q. What happened next ? —A. I turned my attention to where the fight had taken place. I saw very few people there. The police were moving back towards the Ifi Ifi corner. Q. Were they still firing at that time ? —A. Yes. Q. At this time where were you standing ?—A. Just near to the bitumen on the sea side opposite Fabricius's store. The witness's attention was then drawn to something in the alleyway between that store and Andrew's : but that will be referred to later. In cross-examination the witness said that the Samoans were moving ahead of the police as the police were making their way to the Ifi Ifi corner, but some of the Samoans were trying to get round behind them. Simeaneva speaks of seeing two policemen return along Beach Road. This witness was very confused, and her evidence at this point is not of assistance. I have now reviewed the whole of the evidence which is relevant to what might be termed the first phase of the occurrence which resulted in the deaths of four Samoans whose bodies are the subject-matter of this inquiry. Although the evidence is not specific, I infer from it that Faumuina of Savai'i, Ainoa, Vele, and Leota lost their lives during the first phase. Their deaths were caused by gun-fire justifiably employed by the Samoan Police Force. I will now deal with what I will call the second phase : the retreat by four of the police down the alleyway between Fabricius's and Andrew's stores —during which Constable William Abraham lost his life. I have already quoted Sergeant Waterson's evidence in which he says that he ordered the whole of the police party to make its way back to the police-station. He thought that the whole party was with him, but found out subsequently that some of the police had retired down the alleyway previously mentioned, and that they reached the police-station by a different route —all except Constable Abraham, whose body was discovered later in the alleyway. There seems to be some doubt as to whether these men went into the alley in consequence of Sergeant Waterson's order or whether they were driven there by the Samoans. Lance-Corporal Cahill, a member of the supporting party, says they were pressed back into the lane about three minutes after reaching the scene, and that they were stoned while there. I will quote from Cahill's evidence : — While we were being forced down the lane I saw Constable Abraham behind a post in the lane. I was trying to dodge a stone. As I looked at him I saw him crumple up. His back was towards me, but I was under the impression that he was firing a revolver. There were a number of Samoans in front of him—they were throwing stones into the lane. I stopped when Constable Abraham fell; I could not go back because the Samoans were too strong. I retreated with the others. I did not see Constable Abraham again. In cross-examination Cahill said: — When I saw Abraham he was facing the roadway. I do not know if he was shooting at the time he crumpled up. There was a heavy volume of stones being thrown down the lane. . . When I returned to the barracks I heard an automatic gun fire from the balcony. From this evidence and from the evidence of Charles Hickey, to which I will refer presently, it will seem that the Samoans made a heavy stone attack on the police in the lane. No evidence was given by any witness that the police fired back at the Samoans, but from the bullet-marks I examined in the paling fence on the eastern side of the entrance to the lane I would assume that revolvers were fired from it. In the circumstances detailed in the evidence lam of opinion that the police in the lane were justified in using their revolvers to enable them to effect their retreat. The evidence shows that Constable Abraham was engaged in the fighting in Beach Road ; that he ran from the seaward side towards the inland side of the road, and while doing so was struck on the back of the head either with a small hammer or an axe. I will quote from Lance-Corporal Downes's evidence : — I was standing with my back to Fabricius's store. I then saw Abraham double across from the seaside. As he was coming across a Samoan struck him with a small hammer or an axe on the back of the head ; he fell, but got up and joined me. The fight was general —every man for himself. Abraham opened fire with his revolver ; after that I missed him and did not see him again until after he had been killed.

A.—4B

11

I infer from the evidence that Abraham was pressed back into the lane. It would appear from the deposition of Charles Hickey, which I will now quote, that Abraham was not killed at the time that Cahill saw him crumple up, but that he was able to stand up again. I have made extracts of Hickey's evidence up to the time he saw the police retiring along the Beach Road towards the Ifi Ifi corner and his attention was drawn to something else. The note then proceeds as follows : — Q. What was it [to which your attention was drawn] ? [N.B. —The words in brackets do not appear in the note], —A. A fight taking place in the alleyway between Andrews and Pabricius. Q. How far from the alleyway would that be ?—A. Two or three yards. Q. Who was concerned in the fight ? —A. One white policeman and a few Samoans— not more than twenty. Q. What was the policeman trying to do ? —A. To protect himself. Q. In what way ? —A. Shielding his face with both hands. Q. What were the Samoans doing ?—A. Knocking him. Q. What with ? —A. I could not see. Q. Did you see them hitting him with their fists ? —A. Yes. Q. Did you see anything in any of the Samoans' hands ?—A. No. Q. What happened next ? —A. The constable on the ground: he remained there. At the same time most of the Samoans moved away, leaving only five or six there. Q. What were the five or six doing? —A. Some stood around him, some were knocking him. Q. Did you see the policeman actually fall ?—A. Yes. Q. Did you see any other policeman in the lane I—A.1 —A. No. Q. Were the Samoans right across the alleyway ?- —A. Yes. Q. In which direction did the Samoans go —I mean, who left the policeman ?—A. On to Beach Road and towards the east. Q. What did the five or six who remained do ? —A. A young Samoan man wearing a Mau lavalava went up to them and told them to clear away. He said, "I am going to kill him." Q. What did the other men do ? —A. Just moved aside. Q. What happened next ? —A. A Samoan kneeled beside the constable : I saw him hit the constable's head. I cannot say if he had anything in his hand. Q. How many times did he hit the constable ? —A. Once. Q. What was the young man who said he was going to kill the constable carrying ? — A. A stone. [N.B. —The witness indicates the size of the stone —about 6 in. long and 4 in. wide.] Q. What did he do with the stone ? —A. Hit the stone against the constable's head. Q. Which part of the head ?—A. The forehead. Q. How many times did he hit the constable's head ? —A. Once. Q. What happened to the constable as he hit him ? —A. I did not see. Q. Did you see any blood about ?—A. I saw blood splash as the young Samoan hit him with the stone. After this the Samoans left the lane and Hickey then heard the machine gun open fire. Now, the machine gun opened just at the time that Cahill reached the policestation. It will follow from this —coupled with the fact that Hickey saw no police in alleyway —that the happenings he deposed to therein occurred subsequently to the police making good their retreat over the fence on the inland end of the lane. The evidence satisfies me that Constable Abraham met his death at the hands of the Samoans, who attacked him in the lane at a time when he was physically unfit to defend himself by reason of injuries received while performing his duties as a police officer. I should add that I find from the evidence that Constable Abraham was not using his revolver during the final attack upon him. When his body was discovered it was seen that his revolver had been forced off its lanyard and taken away. Hickey saw a Samoan force off the leather revolver-holster from Abraham's equipment. This coupled with the fact that Abraham had both his hands in front of his face before he fell the last time leads me to the conclusion that his revolver was then in its holster, and- was taken by the Samoan, together with the holster, at the time Hickey saw him force it off from the constable's equipment. This completes what I may call the second phase of the occurrence. The third phase of the occurrence can be said to have commenced after the police had returned to the police-station and when Sergeant Waterson opened fire with a Lewis gun.

A.—4b

12

It was strongly suggested by counsel for the relatives of tlie deceased Samoans in examination and cross-examination that the police had two ordinary machine guns mounted on the balcony of the police-station before the arresting party left the station, and that both those guns were used against the Samoans. This suggestion was emphatically denied by the police witnesses, and 1 am satisfied that this denial is true; further, that the only automatic-gun fire employed was the fire from the Lewis gun in the hands of Sergeant Waterson. I will quote from Waterson's depositions : — We were stoned all the way to the station. The Natives followed us down Ifi lfi Road» On reaching the station 1 hurried upstairs and got the Lewis gun, which was in an inside room : I took the gun on to balcony facing the sea and fired a burst over the heads of the people in Ifi Ifi Street. I had two years and a few months' active service—all the time from the Somme, 1916, to the end of the war. I was a Lewis gunner all that time. The burst which I fired caused the people to run back. Ido not think there were ten shots in the burst. I fired about 20 ft. above the heads of the people. I then turned the gun between the Market Hall and Hellesoe's store, where there was another crowd of Natives advancing towards the police-station. I put two short bursts over their heads. They ran back to the Main Beach Road, and to the right and left when they reached it. I then heard stones landing on the police-station roof, also sounds of windows smashing on the east side of the police-station, so I took the Lewis gun round that side, and I saw a large body of Natives between the Government store and the house opposite the police-station. The foremost of them had not reached the road. Apia village was immediately behind them. They were throwing stones and advancing. ... I put a short burst over their heads. They ran back ; then after running a short distance some stopped and turned round. I put a short burst into the ground in front of them. I saw the strike of the bullets. It was 20 or 30 yards in front of the Natives. I did not see one man fall in consequence of any burst I fired from the Lewis gun. The Natives ran back to the Apia village : there were over one hundred Natives in the party when they were advancing towards the police-station. . . . The possibilities of a ricochet were practically nil, unless the bullets struck a rock. I heard no ricochets. The burst was five or six (i.e., the burst fired into the ground). I should have heard any richochets if there had been any. It appears from Waterson's evidence that he fired four bursts from the Lewis gun. His later evidence showed that he fired only from one drum—i.e., the circular magazine which feeds the gun. He could not say exactly how many shots were fired in the four bursts, but he had not exhausted the cartridges in the drum at the end of the last burst: that means he did not fire forty-seven shots, which is the capacity of one drum. No evidence was tendered concerning machine-gun fire generally. However, I have had an extensive experience with machine guns. Ido not intend to use that knowledge in the of evidence, but to appreciate the evidence that has been brought forward in the ordinary way. The normal method of machine-gun fire is by short bursts, with the gun stationary during each burst. That appears to have been the method adopted by Sergeant Waterson. One of the bursts struck the roof of the Market Hall, about 25 ft. above the ground, and passed into a beam which supports the roof. There were six bullet-holes in the beam within a 6 in. group. That is what I would expect from a burst fired by an experienced gunner. There is no serious conflict between the many witnesses who spoke about the number of bursts of machine-gun fire —at least, nobody alleges having heard more bursts than the number which Waterson admits firing. Fauala, who says he was wounded by machine-gun fire, heard three or four bursts. Shawe Jones, who was inside the Market Hall, heard the bursts of fire, which he says went through the building : this was the burst to which I have already referred. Tanu Vasa, who also says he was wounded by machine-gun fire, heard three bursts. Tufuga, who also says he was wounded by machine-gun fire, heard two bursts. Tapu, the van-driver, heard about four bursts. Liliu, a Samoan woman, who was lying in her fale in Apia village at the time, heard two bursts. Susana gave evidence of hearing two bursts. Avea, who was in Ifi Ifi Road, heard four bursts. Simeaneva spoke about the third burst of machine-gun fire, but it does not appear from the note that that burst was the last.

13

A.—4b

However, it is clear from the evidence that Sergeant Waterson did not fire more than four bursts mentioned by him. Practically every witness who referred to machine-gun fire said that each burst was fired down Ifi Ifi Street. lam not surprised that they should say so : most of them were in a state of great excitement at the time, and the uninitiated would be incapable of appreciating the direction of tlie fire of a Lewis gun from such close proximity. Further, I am sure that allegations of the casualties brought about by machine-gun fire were made in the full belief of their truth. In point of fact,I find that it is proved beyond doubt that there was not a casualty caused by machine-gun fire. Sergeant Waterson admits having fired two bursts seawards —one down Ifi Ifi Road and one in the direction of the Market Hall. The evidence of Shawe Jones and the marks on the roof of the Market Hall and the beam support the sergeant's evidence that one burst went in that direction. It also shows that the sergeant was firing at a high elevation. The estimated height of the balcony from which the gun fired is 14 ft. ; the burst struck the roof of the Market Hall at a height of 25 ft. ; the bullets had travelled at that time a distance of only 60 yards. It was not shown in evidence whether this burst of fire passed beyond the building. It is probable that it did. The Harbourmaster, who had heard the shots at the beginning of the trouble from his residence at the Pilot-station and had the aid of his glasses, picked up the strike of two bursts of machine-gun fire, the shorter of which was approximately 450 yards from the shore. Mr. Hall Skelton, from the " Lady Roberts," says he saw the strike of machinegun bullets about 100 yards out from the shore. It is unlikely that Mr. Skelton saw the strike of the bullets which passed through the roof of the Market Hall, but that he saw the strike of the burst which was fired down Ifi Ifi Road. Tapu, the van-driver, says he saw the strike of bullets from one burst of machinegun fire in the water on the inland side of the inner reef. The witness was not very exact as to the spot at which lie saw the strike, but I infer that it would be somewhere in the vicinity of 100 yards out from the shore. Even assuming that the burst down Ifi Ifi Road- -fired from an elevation of 14 ft. —struck the water 100 yards out from the shore, I am unable to say that that burst could have caused the casualties which occurred at or near the Ifi Ifi corner : indeed, it is clear to me that the burst would have cleared anybody standing in Ifi Ifi Road. The evidence shows that the following casualties occurred at that point: — Killed or died of wounds : High Chief Tamasese ; Tu'ia ; Migao. Wounded : Su'a ; Tanuvasa ; Fili; Faualo ; Tufuga. Four of these wounded men gave evidence before me from their beds in the hospital. Su'a was quite definite that the late High Chief Tamasese was wounded by a single shot fired before the machine gun opened, and that he (Su'a) was wounded during the first burst. He was about 15 ft. away when the high chief was wounded, and immediately ran to him. He was hit at the moment he reached him. He had a single wound. Faualo also ran to the assistance of the late high chief when he fell, and was shot immediately he arrived at the spot. He was definite in examination in chief that Tamasese was hit by a burst of the machine gun, but in cross-examination said that he thought it was just before the first burst. He was not sure whether he himself was hit during the first or the second burst of machine-gun fire, but was definite that he was hit before Su'a and Tu'ia. Tanuvasa was opposite the markets when he heard the first burst of machinegun fire, and at once made his way to the Ifi Ifi corner : on arrival there he observed Tamasese lying near the steps at the corner of the Courthouse. He went to him, and was shot as he was bending over him. He received two wounds. He says the machine gun was then firing its last burst; also that Tufuga, Tu'ia, and Fili were hit at this time. Tufuga says he was among the first to reach Tamasese after he fell, and was in the act of raising his head when he received two wounds in the legs : there was a short space of time between the infliction of each wound. He thinks he was shot during the second burst of the machine gun.

A.—4 b,

14

Christian Hellesoe, who was standing on his balcony, saw Tamasese fall just about the time that the machine gun opened. He saw three men rush forward at that time, and another burst of the machine gun was then fired : the three men, who were about a yard apart, fell—although the witness cannot be positive that the machine gun was actually firing at the time. I quite appreciate the difficulty of knowing what happened during a short burst of machine-gun fire : a burst of ten shots would not occupy more than a second. Avea, a Samoan woman, who was in Ifi Ifi Road when the machine gun fired, said she saw Tamasese fall during the second burst, and Tu'ia and Migao during the third burst. I have already stated that it was impossible for the burst fired down Ifi Ifi Road to have hit anybody, in view of the elevation from which the gun fired and the distance out into the harbour the strike of the burst was observed. The evidence of the witnesses 1 have just referred to does not show with any degree of certainty that any one fell during the first burst: indeed, it tends to show that nobody fell at that time. Sergeant Waterson, who fired the gun, did not see any one fall, and the nature of the wounds received was inconsistent with what would have been expected had they been caused by machine-gun fire. The second burst, as I have already stated, was fired in the direction of the Market Hall, and went through the roof of that building at a height of 25 ft. above the ground. The third and fourth bursts were fired from the eastern balcony of the policestation in the direction of Apia Village. Sergeant Waterson says he fired the third burst over Apia Village and the fourth (last) burst into the ground some 30 or 40 yards ahead of a party of Samoans. Sergeant Waterson's statement that he fired in the direction of Apia Village is corroborated by Susana. She thought that two machine guns fired —one from the northern balcony and one from the eastern balcony. I am satisfied that the witness is mistaken in her statement that she saw two machine guns in action, and that her mistake arose through her seeing the same gun fire from two places. She is quite definite that she saw a machine gun fire from the eastern balcony in the direction of Apia Village. There is no evidence that anybody was injured by the two bursts fired in the direction of Apia Village. Sergeant Waterson saw nobody fall, nor did the witnesses Popo and Liliu, who were in the village at that time, and who gave evidence concerning the movements of those members of the procession who were then in and near the village. I have now reviewed the evidence material to the firing of the machine gun and find that it caused no casualties. There is a sharp conflict of evidence concerning the necessity of firing the machine gun at all : indeed, I think that it is on this issue only that there is a conflict. Sergeant Waterson, who is an experienced and capable police officer, of very cool temperament, was satisfied from what he saw that the police-station was being attacked from three directions, and was actually stoned from the east. Evidence was given by witnesses which is inconsistent with Waterson's version ; but after a careful consideration of the whole evidence 1 have no hesitation in accepting his account as representing the true condition of affairs at the time. There is no doubt in my mind that a large number of excited Samoans were in Beach Road at the head of Ifi Ifi Road, facing the police-station. The actions of the late High Chief Tamasese would indicate this, and that he rushed in front of them to try to prevent them from making an attack on the police-station. The consequent spectacle from the balcony of the police-station justified the sergeant's appreciation of the situation. Further, 1 accept his evidence as to the advance by the Samoans from Apia Village and from Beach Road between Hellesoe's and the Market Hall. Waterson was in possession of a deadly weapon, the results of which when fired into a crowd of people is devastating. The weapon, however, is one which has a tremendous moral effect if fired over the heads of people. Being an experienced Lewis gunner, he was justified in firing the gun in the way he did for the purpose of causing by its moral effect the turning-back of those who were advancing towards the police-station. In this purpose he succeeded. It now remains to account for the deaths of High Chief Tamasese, Tu'ia, Migao, and Tapu. So far as Tapu is concerned, lam unable to say in which place he

A.—4b

15

received the injuries which resulted in his death, ard will record a verdict that he died from injuries caused by gun-fire. The remaining three died as the result of injuries inflicted by the rifle-fire of members of the Samoan Police Force. The evidence shows that rifle-fire opened along Ifi Ifi Street from the northern balcony of the police-station, and that Tamasese was hit before the lie wis gun commenced to fire ; also that the fire continued during the time that the Lewis gun remained in action. Viewing the situation from the evidence adduced before me, I am unable to find that the rifle-fire down Ifi Ifi Street was necessary. It is very difficult, however, to appreciate the position of the police at that time. They had just been engaged in heavy fighting against a large number of Samoans, who had without justification set upon them to prevent them from carrying out their duty ; they had with difficulty extricated themselves from a precarious position ; most of them had received injuries. The position as viewed from the police-station balcony justified Sergeant Waterson opening fire with his Lewis gun over the heads of the people ; stones were falling on the roof, and windows were breaking on the eastern side of the building. One Samoan had made his way to the eastern side of the Market Hall, and was seen by Shawe Jones with a revolver pointed towards the police-station. In such circumstances as I have detailed it is inevitable that some action will be taken, which may appear at the time to have been justified, but when inquired into subsequently is found to have been unnecessary. That is the conclusion to which I come in regard to the rifle-fire which caused the deaths of High Chief Tamasese, Tu'ia, and Migao. In conclusion, I will summarize my findings of fact: — 1. Previously to the 28th December there were a number of Samoans against whom warrants of arrest had issued, but against whom the warrants had not been executed owing to resistance authorized and directed by the committee of the Mau organization. 2. In two processions of the organization held during the year 1929 previously to the 28th December some of these men had taken part, but although the police saw these men they made no attempt to arrest them. 3. When it became known to the Inspector of Police that a procession of members of the organization was expected to be held on the 28th December he decided to take steps to arrest such persons taking part in it who were wanted by the police. 4. Apparently being apprehensive that if such steps were taken there would be serious trouble, the Inspector sent warning to the leaders of the organization of his intentions. 5. The warning of the Inspector reached the leaders of the organization, who nevertheless decided to and did act in defiance of it. 6. The Inspector of Police gave orders for the purpose of carrying out his intention. 7. The orders for arrest did not include anything in the way of offensive measures against the procession : certain precautionary measures were ordered in case of resistance endangering the lives of those entrusted with the duty of making the arrest. 8. The measures ordered were reasonable and proper. 9. There was serious active resistance to the police when the arrest of Matati took place, which enabled him to escape, and which endangered the lives of the arresting party. 10. The operation of the precautionary measures then became justified, as did the subsequent use of firearms by the police that resulted in the deaths of Faumuina of Savai'i, Ainoa, Yele, Leota, and probably of Tapu. 11. The police withdrew from the affray as soon as possible. 12. Four of the police were cut off from the rest of the force, and were pressed into the lane between Fabricius's and Andrew's stores. 13. Three of these men made good their escape, but Constable William Abraham was struck down by a stone when he was a few yards inside the lane from Beach Road. 14. Constable Abraham subsequently rose to his feet and was attacked by a number of Samoans, and shortly afterwards died as a result of injuries inflicted by some of them at a time when he was physically incapable of defending himself,

A.—4B

16

15. The remainder of the police—most of whom had received wounds, but not of a serious nature—reached the police-station. 16. Samoans advanced towards the police-station from three directions, anc 1 commenced to stone it on the eastern side. 17. Sergeant Waterson employed Lewis-gun fire for its moral effect, and succeeded in turning back the advancing Samoans without causing any casualties. The number of shots fired from the Lewis gun was fewer than forty-seven : they were fired in four bursts. 18. Sergeant Waterson, being an experienced Lewis gunner, was justified in his action. 19. The deaths of High Chief Tamasese and of Tu'ia and Migao were the result of injuries inflicted by rifle-fire delivered immediately before and during the time the Lewis gun was in action. 20. The rifle-fire was delivered by three members of the Police Force from the northern balcony of the police-station, and was directed down Ifi Ifi Road. 21. The evidence does not show that the rifle-fire was necessary, however. In circumstances as then prevailing it is inevitable that some action will be taken which may appear at the time to be justified, but when inquired into subsequently will be found to have been unnecessary. That is the conclusion to which I come in regard to the rifle-fire which caused the deaths of High Chief Tamasese, Tu'ia, and Migao. J. H. Luxford.

POLICE AND PRISONS DEPARTMENT. 26th August, 1929. Standing Order for Police, No. 6. —Use of Firearms by Police. 1. My memorandum of 14th June, 1929, in reference to the carrying of firearms by police is hereby cancelled, and the following order substituted, with effect from 27th August, 1929. 2. At Apia, police on routine or special duty will carry firearms only as specially ordered by Inspector of Police, or in his absence by the senior non-commissioned officer present or in charge. 3. Police attached to district police posts will only carry firearms as specially ordered by lancecorporals or the constable for the time being in charge of the post. 4. Police on prison-guard duty or prisoner-escort duty will carry firearms at all times when on these duties. 5. Firearms will not be issued to or carried by Native officer of police or prisons. 6. Firearms are issued and carried by the police for the purpose of protection of life. If any person assaults the police or any other person and there is danger of serious personal injury firearms may be used as a last resource, and only when other means have failed. 7. The object of using a firearm by police is not to kill, but to disable and remove the danger and effect arrest. 8. Police batons will be carried by police at all times, whether on duty or not. As far as possible they should be kept out of sight. 9. At Apia a record-book will be kept in which is entered every order for the carrying of firearms and signed by the person who issues the order. 10. At district police post, orders re carrying of firearms will be recorded in Daily Diary. (Sod.) A. L. Braisby, Inspector of Police.

LIST OF WITNESSES. Crown (13). Dr. Hutson. Jones. Willcocks. C. Hellesoe. Lance-Corpora] Cahill. Sergeant Waterson. Kruse. Tuimalealiifano. District Officer Downes. Sergeant Fell. K. Hellesoe. Hickey. Fabricius. Slipper (22). Skelton. Palasi. Tali. Ane. Sua Liliu. Toli. Liliu. Fauala. Seei. Fa'aotaota. Susana. Tanuvasa. Peipei. Saloti. Avea. Tufuga Tafale. Popo. Simeaneva. Tapu. Lue.

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By Authority: W. A. G. Skinner, Government Printer, Wellington.—l93o.

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A 4 b.

SKETCH-PLAN OF PART OF APIA BEACH-FRONT, showing buildings and roads.