A DEBT OF HONOUR.

Auckland Star, Volume XXII, Issue 35, 11 February 1891, Page 5

A DEBT OF HONOUR.

EXTRADITION WARRANT APPLIED FOR.

Robert Kurtz, who recenbly commenced business in this city as a bailor, appeared on remand at bhe Police Court this morning, before Dr. J. Giles, R.M having been arrested upon a warranb of extradition issued in accordance with the provisions of the Fugitive oSenders Act The charge was thab Robert Kurtz had sbolen £5 belonging bo Edward Aiken, of Inspector Broham stated thab an officer had arrived by the s.s. Mararoa from Melbourne with a warrant. Mr Theo. Cooper appeared tor the ae Detecbive Charles Alexander Williams, of the Victorian police, produced the warrant for bhe arrest of Roberb Kurtz signed by John C. Thompson, E.M., Victoria. He had seen defendant on the racecourse on the 4th of November. He knew him to be a bookmaker, and was quite satisfied bhab he was bhe man mentioned in bhe warranb. Cross-examined by Mr Cooper, witness stated that he knew that a criminal offence reoorbhad been made ab the police ofb.ee that a man named Roberb Kurtz was charged with the larceny of £Gi on _ the Flemington racecourse on the 4bh ot JNovember. Tho description of bhe offender was given, and of course the matter was discussed by bhe debectives. Witness then stated thab he knew bhe man. He heard that the charge arose from defendant having received the sum of £5 as a wager, and had nob paid it back again. He believed the bet was five to one, and defendant had nob paid bhe beb. Mr Aiken, bhe informanb, resided at Ballarat. Wibness undersbood bhab if defendant had paid bhe beb there would have been no oflence. He knew thab defendant had a brother who was also a bookmaker. He believed he was on the Flemington racecourse thab aay, bub his description, waa nob the same as bhab of bhe defendant , Mr Cooper submibted that the prisoner must be discharged, as the evidence of identity was nob sufficient He also quoted Section 19 of the Fugitive Offenders Act, which empowered the magistrate to dismiss a charge whore it was shown thab the case was of a trivial nature, or lhab bhe application had nob been made in good faith or in the interests of justice, or that it would be unjust or oppressive bo reburn the prisoner. He submibted that the evidence disclosed an atcempt to use the law bo enforce payment of a debb made on the Flemingbon Racecourse on Cup Day. Ib would boinnjusb and oppressive to return bhe defendanb to Victoria upon a case thab must necessarily fall through. The contracb was nob a legal one, and could not be enforced. The defendant had left Melbourne wibhoub any secrecy, and had openly commenced business in this city and advertised his own name freely. His Worship remanded the accused until nexb Monday in order bhab he mighb look into bhe authorities. Bail was enlarged.