INTERESTING LAW POINT

Dominion, Volume 12, Issue 115, 8 February 1919, Page 8

INTERESTING LAW POINT

CONCERNING A MILITARY PRISONER. A case of some general interest came before His Honour Mr. Justice Edwards in the Supreme Court,, iu Chambers, yesterday. It was an applicaiton for a writ of habeas corpus regarding Hopo Whitfield Home, now in the Pupatoii Prison on a charge of not obeying the commands of a superior military officer. The application was .supported by Sir John Findlay, IC.C., and the Solifitor-General (Sir John Snlmond, IC.C.) opposed. Tho facts as disclosed ill the affidavits filed were that Home lived willi his father-in the neighbourhood of Ciiristchurch. His father had, for. certain financial and other reasons, qlways intended that his children ?hould bo brought u.p'as American citizens. He was born in New Orleans, in tlie State of Louisana. In October, 1917, on a pea-mit from the New Zealand Government, Home left New Zealand with his father for America, the intention'being to establish a home there and bring over from New Zealand the mother mid other members of the family. While away Home was drawn in a ballot. under the Military Service, Act. Subsequently he heard that his mother was dangerously ill, and he and his father obtained a passport from the American Government to come to New Zealand for a period of six months. Home liad in .the meantime registered for service with the .United States An-my. Oil arrival in New Zealand 'in May, 1918, instructed by the police, he registered as an alien. He lodged-an appeal on the ground that he was an American citizen, and this whs dismissed. Later on lie was tried liy court-martial, in Ciiristchurch on a charge of disoboyiiiß the commands- of a superior officer and was sentenced to a month's imprisonment. The present application was to decide whether ho was rightfully enrolled in the New Zealand Army. After hearing argument His Honour reserved judgment.