4.
5
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intention to punish him, but then regret to do so, permit him to remain unpunished and to leave their country.
Criminal offence alleged to have been committed in the colony where the evidence now before you there are no witnesses against the prisoner is.
32 I submit that the arrest of a person in one territory or country and passing into that of another where they are then asked to arrest him on the ground that he is not a fugitive criminal whom the authorities of the country where he is found are requested on behalf of the Government from which rendition is required will not entertain the claim for rendition particularly when it is urged by the Government, the case against him has been permitted to become so stale as to deprive him of a chance of refuting it. The country who are asked to rendite him will view the case in precisely the same light as an ordinary criminal case where there is probable cause of belief that the prisoner has committed the crimes alleged against him.
On these objections being made I requested Mr Wotton to proceed with the defence, which he did and I at the same time making a note of the objections; and though I expressed no opinion, I was prepared to overrule the first and the third objections and to pass by the second.