MATUA WILL CASE.

Gisborne Times, Volume XXVII, Issue 2559, 21 July 1909, Page 4

MATUA WILL CASE.

MOTION FOR NEW TRIAL REFUSED. [Pep. Ppess Association.] WELLINGTON, July 20. The Native Appellate Court (Judges Jones and Itawson) gave judgment this afternoon in the case heard recently regarding TVi Matua’s will, for which probate was refused. The Court held that, on proper cause being shown, it would endeavor to secure a new trial of a case in'its courts where .the verdict was obtained by fraud or malprac“tise. After reviewing the facts connected with Wi Matua’s will, with the nnd■ings of the previous Courts that- the Will was onen to suspicion from the fact that it had been -prepared or caused to be prepared at the instance of a European beneficiary, the Court considered that the allegations of conspiracy and misconduct of witnesses, even if proved, could not have affected the Court s judgment on the main point at issue, which was the removal of suspicion of the transaction, caused by the peculiar circumstances under which the v-dl was prepared. The onus of which and the showing of the righteousness cl the transaction were cast upon uhe prepounderi? of the will. As to the new evidence. the Court pointed out that most of it could, with reasonable diligence, have been discovered before the trial, and that it would, at best, only corroborate or contradict the evidence given at the trial, and that none -if tie proposed new evidence would, in theopinion of the Court, make it practically certain that the verdict would have been otherwise, as the authorities required such new evidence to be. The Court held that it would have granted’ the new trial as to the whole matter or not at all. Therefore, it could not distinguish in favor of the beneficiaries, who claimed they were not affected by the suspicions attaching to the circumstances surrounding the execution of ‘the will. The motion for a new trial was therefore refused.