EXTRADITION ORDER

Ashburton Guardian, Volume 56, Issue 18, 2 November 1935, Page 5

EXTRADITION ORDER

mcarthur prospectus case.

LIKELIHOOD OF APPEAL. (United Press Association— Copyright) SYDNEY, November 1In dealing with, the J. W- S. McArthur case to-day, the stipendiary magistrate, Mr Williams, refused McArthur bail and granted an order tor his extradition to New Zealand. Later, in the Chambers, Mr Justice Maxwell granted an application on behalf of McArthur for bail pending the hearing of an appeal against the extradition order. Bail was fixed at £SOO, and one surety of £SOO. The condition imposed by the judge was that the affidavit in support of the appeal must be filed and. served on or before November 8. Dr. Louat, counsel for McArthur, m support of his application for bail, submitted that the charge against McArthur was not known in law, and was in fact had. Certain papers required from New Zealand had been refused, he said, but if these were produced it would he shown that the charge against McArthur was not justified, and certainly was not.in good faith. • Mr Justice Maxwell said that it was difficult for him to assume that the Government prosecution was not in good faith. Dr. Louat intimated that it was intended to appeal to a full court on five grounds. The substance of the appeal would'he that the charge against McArthur was without foundation, and that it was not in good faith because, it related to matters which occurred two and a half years ago, the relevant facts of which had been in possession of the prosecution authority for the last 12 months. McArthur’s counsel gave an undertaking to proceed with the appeal very soon. 'Phe position now is that Mcarthur will remain here on bail until tlip Crown has considered the affidavits which must be filed by next Friday, after which the questing of listing, and hearing his appeal will be determined. It is expected that finality will be reached in the week after next.