MINISTER CHOOSES GAOL

Waikato Times, Volume 121, Issue 20278, 21 August 1937, Page 12

MINISTER CHOOSES GAOL

Court Uproar Follows Contempt Decision Permission to Attend Son’s Ordination

Pormer Moderator of the General Assembly of the Presbyterian Church In Ireland and 'Convener of the Assembly’s Temperance Committee, the Very Rev. Dr. Thomas M. Johnstone, figured in a remarkable scene in the High Court in Belfast, and elected to go to gaol as the alternative to a fine of £IOO for gross contempt. The Attorney-General, Sir Anthony Babington. K.C., explained that on a writ of certiorari the King's Bench Divisional Court had decided that while an intoxicating liquor license had been wrongly granted by the Belfast Recorder to a certain publican in Belfast, it refused to grant the writ of certiorari on the ground of a delay of five months by a church minister who applied for it. The refusal was also based on fairness to the publican, who had spent a large sum on the premises newly licensed. Dr Johnstone had alleged in a speech that the judgment of the Divisional Court was given by way of consldcratlon to the publican, and the one thing that mattered was that the publican must be saved. 'He had also said that the law of the land was Invaded. Dr. Johnstone, who conducted his own case, submitted that he was not guilty of contempt., as by his speech he Implied only that the discretionary compassionate judgment of the Divisional Court in favour of the publican was a queer interpretation of the law. “In what I said,” proceeded Dr. Johnstone, "I never for a single moment intended to Imply that any of the Judges acted improperly, but f admit quite frankly that I cannot follow the reasoning of the Divisional Court that a license granted contrary to statue

is a legal warrant to a publican to sell liquor. “I cannot admit that judges are Infallible, and 1 have a right to criticise their decisions.” No Right of Appeal. The court was packed with barristers, solicitors, clergy, and members of the general public, when Lord Justice Best gave his decision at the close of a protracted hearing. Lord Justice Best said he thought Dr. Johnstone had been guilty of gross contempt and imposed a fine of £IOO. He also ordered that Dr. Johnstone be detained in prison in default of payment of the penalty. Dr. Johnstone, amid uproar in court and cries of “Silence!” from the Registrar, asked, “Have I the right of appeal?” Judge: No. Dr. Johnstone: Very well, I will go to gaol. The disturbance was renewed, and Lord Justice Best called, “Clear the court.” Dr. Johnstone: I want to say this before I go. Within the next day or two I am to take part In the ordination of my son at Leicester —a thing I have looked forward to all my life. Next week, too, I am to attend his marriage. That is all over now. The judge announced that he would allow Dr. Johnstone to attend these ceremonies if h 6 gave his word to return. Dr. Johnstone: As soon as I arrive back I will walk straight up to the Crumlin Road Gaol. A clergyman attempted t.o address the judge, but hfs lordship declined to 1 hear him, and as Dr. Johnstone left, the crowd outside sang the first verse of “Fight the Good Fight.”