APPLICATION FOR EXTRADITION,

Dk. J. Giles, R.M., gave his decision this morning in the case of Robert Kurtz, for whom a warrant of extradition had been issued on the charge of larceny of £5 in Victoria. Inspector Broham represented the police, and Mr Theo. Cooper appeared for the accused. , Dr. Giles said that in this case a singular question had been raised. It had been gob out in cross-examination from the detective officer who had come over from Victoria. He stated that so far as he knew the offence committed by the defend ant was that of retaining £5 which had ! been put into his hand for a bet, and nob paying the odds ever when the bet was lost. The information was for larceny, bub Mr Cooper had pub ib to him that he ought under Section 19 to discharge the accused. That referred to a charge of a trivial nature, or where there was reason to suppose that the application was not made in good faith and in the interests of justice. In this case ib was not a question of a trivial nature. He was asked to say that there was no larceny. Again, could he say that the ap plication was made not in good faith ? The view thab he was invited to take was that the prosecutor, being angry, had put bhe criminal law in motion, bub could he suppose that in the absence of evidence 2 The detective's statement was only a general rumour of whab he knew about the case. Section 14 of the Act read that "if the magistrate were satisfied that the warrant was duly made and authenticated, and that the prisoner was the man referred to, bhe application might bo granted." It seemed to him that he was called upon under the Act to make the order. He could not say that the warrant had been obtained by false representations. Ib was issued by a police magistrate at Ballarat, and he must suppose that he was satisfied before ho granted the warrant. Hβ thought the Magistrates' Courts should have some guidance from the Supreme Court when new points were raised, and should therefore bo glad to make an order with sufficient time before is took effect to allow of an application being made to bhe Supreme Court. 