FITZGERALD CASE.

Hokitika Guardian, 25 October 1917, Page 4

FITZGERALD CASE.

AGTrON AGAINST OFFICERS,

WELLINGTON, October 22.

Acting on belialf of Samuel Edward Fitzgerald to whose ease reference was made in Parliament, a few weeks ago, Mr. P. .1. O’Regan has issued a writ claiming £IOOO damages for wrongful imprisonment against the following which sentenced the plaintiff to twelve months’ imprisonment—Captain Macdonald, Lieutenant-Colonel Pringle, Richard Kirk (Barrister and solicitor), Captain Timing, Captain Salter, Capuin Ke.wish and Colonel J. E. Hume.

The action is grounded on the allegation that Hie court-martial was illegally constituted as Kirk was not qualified to sit, being at. the time an officer on the retired ilst-, also that the plaintiff was not in fact a deserter. It will he remembered that when the second reading of the -Expeditionary Forces Amendment Bill was being considered by Parliament on the night of September M, Mr. P. C. Webb drew attention to clause 10 being intended to net retrospectively, and alleged that the purport of it was to legalise the tribunal by which Fitzgerald was sentenced. The debate was adjourned, and has not since been resumed. -Fitzgerald's' sentence was remitted early i n September, and ho ds now at Trontliam.