4.
5
284
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.
4.
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284
intention to punish him, but then
regloot to do so, pereit hine to мед
anpunished and to leave their
go.
cricuinal offence alleged to have been
Committed in the cour
entry where the
the evidence now-
before you there are uo
prisoner is.
32 Isubmit
territory
country;
and peers into that of another
whone they
then cisk to arrest
him on
say
he is not a fugitive
whom the er
their behalf. I/attr Wratton)
ve and that
the Government from
recdition is required will not en
the claim for
recognize particularly
Að
reudition
by
the laches
Op
: =
und
conduct of the alleged offenders = Government, the case against hime has been permitted to become so
every
state as to deprive him of chance of refuting it. The country
who
are crsked to reudite him
will view the cuse
light
precisely in the
an ordinary
Criminal
sufficient
fact alleged and corroborated by
persons
on
which
or on which you
there is probable
you
would rely
would
CCLURES
- find that
of belief that
the prisoner has committed theor
criques alleged against him.
On these objections being
made I requested elve Wotton to
proceed with the
deferice,
which he :
did and I at the same time mating
a
note of the objections ;
aud
though
I expressed
to
opinion,
was
I
prepared to overrule the first and the third objections
and to pass by
the
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