COURT OF APPEAL

Dominion, Volume 11, Issue 247, 6 July 1918, Page 12

COURT OF APPEAL

CONSTITUTION OF COURT-MARTIAL The further hearing of the case in which Samuel Edward Fitzgerald, ship's steward, proceeded against Uie, members "of a court-inaitial which tried his case aw March 10, 191", and which resulted in his being sentenoed to twelve months' imprisonment, was taken in the Appeal Court yesterday morning. On the Bench were the Chief Justice (Sir Robert Stout), Mr. .lustice Chapman, Mr. Justice Stringer, and Mr. .lustice Heidman. Tho ground of (he. action originally was flint the couri-martial was not properly constituted, as one of its members —Richard Clement Ifivk, of AVellingtou, barrister and solicitor—was not eligible to sit on it, he being at the time an ollker on the retired list and not subject to military law. Mr. P. J. O'Regaii, who appeared for Fitzgerald, elaborated his argument on the point that a retired ollicev, not being subject lo military law, was incompetent to sit on a court-martial. After a brief reply by Sir John Salniond, K.C., the Court reserved its decision.