ORDER GRANTED.

Auckland Star, Volume LXVI, Issue 260, 2 November 1935, Page 9

ORDER GRANTED.

FOR EXTRADITION. Magistrate's Decision in McArthur Case. APPEAL IMMEDIATELY MADE. United Press Association.—Copyright. SYDNEY, November 1. In the Sydney Police Court to-day J. W. S. McArthur again appeared on remand charged with inducing people to advance money to the Investment Executive Trust Company, Limited, of New Zealand, by means of a false prospectus, which, it was alleged, had beeu issued in New Zealand in 1933. The magistrate, Mr. Williams, refused defendant bail and granted an order for his extradition to New Zealand. Later, in 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 £500 and one surety of £500. A condition imposed by his Honor was that the affidavit in support of the appeal must be filed and served on or before November 8.

Dr. Louat, counsel for defendant, speaking in support of his application for bail, submitted that the ' charge against McArthur was not known in law, and was, in fact, bad. Certain papers- required in New Zealand had been refused. If these were produced it would be shown that the charge against McArthur was not justified and was certainly not in good faith. His Honor said it was difficult for him to .assume that a Government prosecution was not in good faith. Dr. Louat intimated that it was intended to appeal to. the Full Court on five grounds. The substance of these was that tho charge against McArthur was without foundation and not in good faith because it related to matters two and a half years ago, the relevant facts of which had been in the possession of the prosecuting authority for the past 12 months. McArthur's counsel gave an undertaking to proceed with the appeal with dilegence. The position now is that McArthur will remain here on bail until the Crown has considered the affidavits to be filed by next Friday. A iter that the question of the listing of the hearing of his appeal will be determined. It is expected that finality will be reached the week after next.