GILBERTIAN HOP-BEER CASE.

Taranaki Daily News, 9 April 1921, Page 10

GILBERTIAN HOP-BEER CASE.

THE DARWIN INCIDENT. The full bench of the High Court recently gave judgment in Darwin’e Gil’ber■tian hop-beer case, says the Melbourne Herald. It was decided by Sir Adrian Knox, the Chief Justice, and Justices Duffy and Rich, that Mr. Gerald Hogan, who is a special magistrate, Registrar of Probates, and Registrar of the Supreme Court of the Northern Territory, has not been properly appointed a deputy judge of the Supreme Court. Justices Higgins and Starke dissented. The matter came before the ’ High Court on an appeal by Villiers Clarence, of Darwin, against a judgment of Mr. Gerald Hogan, who as Deputy Judge of the Northern Territory fined him £2O, with £lO costs, on a charge of having had in his possession half a kilderkin of beer contrary to the Beer Excise Act. At the outset the prosecution came before Mr. Hogan as a special magistrate, and he dismissed the information. Then the 'Crown appealed, and Mr. Hogau, in his capacity of a Deputy Judge, reversed his former decision.

There are other complications to follow. Counsel for Presley has been suspended by Mr. Hogan (as Deputy Judge) from practice in the Northern Territory Supreme Court for a period of twelve months in regard to another ease. But as the Deputy Judge is now held to be no Judge, his suspension of officers of the Court seems likely to go by the board.