Prosecution Of Samoan Mau

Trial of Mr. Nelson Still Proceeding in Mid-January

As ai result of the rapid action by the Administration of the Mandated Territory of W. Samoa to break up the Mau, by proving it to be a seditious organisation, a series of trials has taken place and a number of Mau leaders have been severely punished. Others have been acquitted.

The trial of the principal leader, Mr. O. F. Nelson, is still proceeding, and, on present appearances it is likely to last for some time.

The initial raids were made by the police on November 15. By the middle of December two separate groups of Mau leaders had been tried on various charges; but the third (that of Mr. Nelson) had to be adjourned over the holiday season.

THE two groups of Mau leaders who have been already tried were mem bers of committees which travelled around the islands of Upolu and Savaii respectively, in order to collect sub scriptions for the Mau, appoint Mau offi cials and generally organise Mau activi ties in the country districts.

At the trials of the two groups the proceedings were lengthy. The accused men admitted the charges against them, but their defence was a denial that the Mau was a seditious organisation; and most of the evidence called was directed to the proof or denial of this allegation.

Interesting documents were read in Court, showing that an organisation was actually in course of being formed, set ting up a separate form of government in opposition to the existing Administration.

In his summing-up of the first case,

Chief Judge Luxford gave a historical sketch and retrospect of Samoan folklore and history. He pointed to an important statement by one of the accused Mau leaders, Autagavaia, who had pro nounced: “That the Samoans will remain dissatisfied so long as a European Gov ernment was here.” The Mau clearly op posed and aimed to upset the existing and legal Government of the country, and therefore logically was seditious.

His Honor, furthermore, pointed to the fact, that, while under the old Samoan Government, Europeans had been pur chasing large areas of land for a few guns and ammunition required by the Samoans to fight each other, with the coming of European Government this practice had been stopped and land acquired in an il legal way had been returned to the natives. Under German Government, the

High Chiefs of Samoa had agreed to abolish the Kingship of Samoa forever, and in 1908-09, war between the factions of Tumua and Pule, and a rebellion against the German Government of that day, was averted only by a narrow mar gin.

The following Samoans were convicted and sentenced to terms of imprisonment: In the first case: Autagavaia, 12 months; Su, Tamaseu, Molio’o, Leutele, Une, Le leua, and Solia, six months.

In the second case: Tuala Tulo and Maulolo Sa, fined 20/each, in default 21 days’ imprisonment; Fagaloa and Tau’ili’ili, six months’ im prisonment.

Fili’alo and Fiu discharged for want of conclusive evidence against them.

Mr. O. F. Nelson

Mr. O. F. Nelson was arrested at his home on November 21, and was formally charged with having identified himself with the seditious organisation known as the Mau, and with having been in con stant communication with high officials of that body between August 18 and No vember 16, 1983.

On the evidence of Dr. Dawson, Mr.

Nelson’s medical adviser, who stated that

his client was suffering from a septic throat, and loss of sleep, and that a ner vous breakdown was possible, Nelson was admitted to bail in himself of £200,

and two sureties of £100 each, on condition that he was to have no direct or indirect communication with anyone connected with the Mau.

The case was remanded several times.

An application by Mr. Klinkmueller, act ing for Mr. Nelson, for the appointment of four assessors in the case, was refused, on evidence being produced that it was impossible to empanel an unbiassed jury in Samoa.

The trial finally commenced at the High Court in Apia on December 18.

The Crown Prosecutor, Mr. McCarthy, in his opening address, gave a valuable summary of the history of the Mau and of its more recent activities.

Mr. McCarthy stated that evidence would be produced to show that after the proposal for a conference between the Administrator and the Mau had broken down, about the end of Septem ber last, the committee of the Mau settled down in Vaimoso, apparently

waiting until they got a reconciliation, or until something happened. The police had secret and exact information of what went on at Vaimoso, and it was reported to them that the Mau proposed to set up in Samoa a government of its own.

This may have been merely talk, but the police kept a strict watch. Presently, two Malaga parties (Committees) left Vaimoso, one to go around Upolu and one around Savaii, and it was alleged that the definite purpose of those parties was to create an organisation to carry on a new government. It was then that the police acted. The Vaimoso office was searched and also Mr. Nelson’s house, and much allegedly incriminating evi dence was secured. The two Malaga par ties were arrested, and the members of them were tried and in some cases con victed, as stated elsewhere.

The first three days of the trial of Mr.

Nelson were devoted to the Crown Prose cutor’s opening address, and the evidence of Inspector Braisby, head of the Samoan police, who gave lengthy evidence con cerning the watch that was kept over the Mau, the search of the offices of the Mau and of Mr. Nelson, and the documents seized at the latter places.

At the beginning of the fourth day’s proceedings there was an unexpected de velopment.

Mr. Klinkmueller, addressing the Judge, said that ever since the beginning of the case there had been a difference of opinion between himself and his client concerning the actual conduct of the de fence, They had not been able to come to a settlement regarding it, and, con sequently Mr. Klinkmueller desired to withdraw. The points at issue had no thing to do with the merits of the case, and his firm would still be associated with it in an advisory capacity.

The Judge gave the necessary permis sion for counsel to withdraw, and Mr. Nelson then conducted his own de fence. Mr. Pleasants, Mr. Klinkmueller’s partner, sat beside Mr. Nelson in Court in order to advise him on legal matters.

In order that Mr. Nelson might famili arise himself with various documents the Court was adjourned until Wednesday, December 27.

On resumption, Mr. Nelson undertook the cross-examination of Inspector Braisby, which lasted during December 27, 28, and 29.

The Court resumed again on January 2, and Mr. Nelson continued his lengthy cross-examination of the Inspector con cerning the political history of Samoa.

When the Court adjourned at the end of that week, the cross-examination had only reached “Black Saturday” (29/12/1929).

Apparently, at the end of the second week in January, the cross-examination of witnesses for the prosecution by Mr.

Nelson was still proceeding, and there appeared to be every prospect of the trial extending over many weeks.