MATUA WILL CASE.

Gisborne Times, Volume XXVII, Issue 2557, 19 July 1909, Page 5

MATUA WILL CASE.

APPLICATION FOE RE-TRIAL. [Per Press Association.] WELLINGTON, July 17. A special Court, consisting of Native Land Court Judges Jones and Rawson and Mr, Hemi Eruiti (as.sc.ssor) sat yesterday to hear an application for a retrial of the whole proceedings in regard to the will of Wi Matua. (deceased). Application, for a new trial was made on the grounds that decisions of the Native Land Court and Native Appellate Cmirt, refusing to grant probate of the will of Wi Matua, and were obtained by fraud. It was further alleged that the decisions of the same Courts on tho applications for succession to the interests of Wi Matua in various blocks of land were secured by false evidence and collusion. Mr. Baldwin appeared for applicants, and Messrs Skerrett, Fraser, and Loughnan for other parties. Messrs Skerrett and Fraser took strong exception to the application, which was characterised as unwarranted on the facts, and without merit of any kind. Mr. Fraser said that the case was one of the most scandalous and extraordinary ever brought before a civilised Court. He declared ho wanted, ■ not to read affidavits, hut to get certain witnesses in the box on oath. The Court decided that, until the contrary was shown, it must assume •that it had, jurisdiction. Mr. Baldwin applied for leave to put in certain affidavits in amplification of the facts already stated in the application. Messrs Fraser and Skerrett protested. The former demanded witnesses instead of affidavits, so that they could be put into the box and testify on oath that they had committed perjury, after which they could be dealt with in another Court. Mr. Skerrett said that if the Court allowed the application, it might as well tear up its own rules of procedure. The Court refused to accept any additional affidavits, and announced that it would decide as t<> the admissibility of those now offered later on. Argument in the case concerning Wi Matua’s will, heard in a special Court yesterday, was not concluded when the Court rose for the day. JUDGMENT RESERVED. WELLINGTON, July 18. The. Wi Matua will case argument ended on Saturday in the Native Appellate Court, and the decision was reserved. [The estate involved is situated in the Hawke’s Bay district, and is worth about £20,000.]