ACCUSED MAN DISCHARGED

Stratford Evening Post, Volume I, Issue 499, 22 July 1932, Page 7

ACCUSED MAN DISCHARGED

A CASE FROM NEW ZEALAND JUDGE UPHOLDS APPEAL Press Association. —Copyright, MELBOURNE, Thursday. A unique point under the Fugitive Offenders’ Act affecting a New Zealand citizen was decided by Mr. Justice JK. Street in Chambers today. Harry Clinton McElwain. a director of Speedwell Oil (New Zealand), Ltd., had been arrested here on a provisional warrant fnem New Zealand and charged with publishing a false prospectus. A city magistrate had order, od pis return to New Zealand. McElwain appealed by way of a prohibition from the magistrate’s order, it being argued that as civil proceedings were pending against him and his co.directors in New Zealand the proceedings for his return were net bona fide under Section 19 of the Fe-'Hiyo Offenders’ Act. Mr. Justice Street upheld the ob .lection and granted the prohibition ond ordered McElwain’s discharge He said the statute was designed te aid the apprehension of criminals not for the collateral purpose of giv, ing assistance to parties in civil proceedings.