THE HORNE CASE.

Press, Volume LV, Issue 16451, 19 February 1919, Page 2

THE HORNE CASE.

APPEAL DISMISSED. (press association* telegrams.) TV ELLINGTON, February. 18. Judgment was delivered to-day by Mr Justice Edwards, in an application under the Habeas Corpus Act, ft>r the discharge from custody of Hope Whitfield Home, Home was born in. New Zealand in 1897, and went to America in October, 1917, intending to remain there permanently. He was drawn in the ballot iii December, 1917, 1 and returned in May,- 1918, under a passport authorising him to stay six months. His appeal against being called up on the ground that he was not a British subject, was dismissed. In August, Horne made a declaration of alienage. In November, 1918, he was convicted and sentenced by- a court-martial to two years' imprisonment, for refusal to obey a lawful command. He was now in custody at Paparoa gaol. Until he made the declaration of- alienage Home was a person of dual nationality. Hi= Honour held that when the man became a soldier, under the Military Service Act he could not divest himself of his liability by a voluntary or formal act or a declaration of alienage. The summons therefore would be dismissed.