The news magazine of the South Pacific · since 1930

Pacific Islands Monthly, 22 February 1933Vol. III, No. 7

Samoan Sentenced.

p. 29 · Read in the full issue

Fight About Native Title.

From Our Own Correspondent.

Apia, Nov. 20.

AFTER an extended hearing occupying five days, a case, arising out of an affray between Samoans over a na tive title, terminated last week. A native Tuimalo was struck with an axe during the fight and died in Apia Hospital from his injuries.

A native, Lamoletolo, known as Tolo, was arrested and charged mainly on cir cumstantial evidence, though he stead fastly denied his guilt.

The case was heard before four asses sors, one of whom was a Samoan chief.

Much conflicting evidence was heard and the accused, in the witness box, denied possession of the axe found at the scene of the murder and stated that he had not seen the victim at the time of the fight.

After lengthy deliberations, the Jury agreed on a verdict of manslaughter, which was pronounced by the foreman, Mr. F. A. J. Rutherford. The assessors added a recommendation for leniency, owing to the great excitement amongst the interested families over a disagree ment about their native title.

His Honor, Chief Judge J. H. Luxford, thereupon pronounced sentence of seven years’ imprisonment. He commented that the deed had been committed under pro vocation and specially admonished the Samoans in future to abide by the de cisions of the Lands and Titles Com mission in regard to their native titles.

His Honor specially thanked the asses sors for having performed their difficult and arduous task in a very satisfactory way.