New-York tribune., 1922-02-03
Miller Refuses
To Let Jersey
Try McAh'thu,'
Holds, IN Decision Against
Extradiiion, Ev;dcuccDoes
Not Show Prisoner Vs a
Fugitive E'r q III Justice
Cites Alibis Established
Doubts Ability of Women
Accuscrs to Ideniif y
Their Alleged Aesailani
Irom q NfnG Cnrrcsnondcil.

ALBANY, Feb. :. Governor Miller
. tonight denied tho request Of The
State Of New Jersey for the cxtradition
Of Alexander McArthur. q member Of
a socially prominent New York family.
Macarthur is under indictment in Esscx
County, n. j.. on charges OF having as
saultcd two women near Mon;clair last
fall. In announcing his decision, the
Governor said there vas not sufficient
proof to warrant holding McArthur "A
fugitive from Justice
Macarthur, who is twcn,y-four years
old, was arrested last November in
New York City in the home of his
foster father, John r. Macarthur. a for
mcr member OF the United States dip
lomatic service. Ne was taken to
Police Headquarters and was there
identified by Miss Mary Bradshaw
twenty years old, and Mrs Helen
O'Neil, fifty years old. both of Mont
clair, rs the man who Assaulted them on
4 lonely country road near their homes
on September II and October 10. Extra
dition proceedings were started mme-
diately and Macarthur was released on
bail pending the Governors decision.
Macarthur Establishes Alibi
A hearing in the case WAS held be
fore Governor Miller in Albany early
in December. At that time Miss Brad
shaw and Mrs. O'Neil reiterated their
y bat 4 ~.
who attacked them. AlcArthur. on the
other hand, brought with him members
of the summer colony st Marthas
Vineyard who tsctlicd that Macarthur
was at his foster fathers summer home
on September II. Servants Of the Nc
Arthur family said he was in his studio
in his fathers New York home the
greater part of the day on October 10
McArthurs father, who was in Rome
at tho time, cabcd the Governor that
he could furnish satisfactory proof Of
his sons whcreab bouts on October 10.
"After carefully considering" says
the Governor ir his decision DENYING
eXtradition. "the evidence on the ques-
tion whether the accused was within
the state Of New Jersey on either CT
both Of the dates named. have reached
the conclusion that as to the date hrs~
charged the evidence overwhelmingly
establishes absence from the state. and
that as to the second charge the grcas
weight of the evidence establishes alb
sence from the state. The case is some
what unusual
Governors Statement
The Governor, in his decision, held
that he was within his right in weigh
ing the evidence in the case, despite
the contention of the State OF New Jcr-
scy that the Governor "ahould not un-
dertake to determine fact upon CON
fictlng testimony. but should remand
the accused to the demanding state"
upon the presumption Of guilt.
The Governor pointed out that in
extradition proceedings the Governor
is called upon to determine whether
the accused is fugitive from Justice
of the demanding state this depending
upon whether the accused was in the
state when the crime was alleged to
have been committed and had subse-
quently departed therefrom. THE To-
sponsihility o deciG,ng ;'iat question
III some legal NODE rests upon the
Governor he said.
No attempt was made ~ the State o'
New Jersey, the Governor declared, to
show why suspicion was drawn to thc
accused, which may have been due, he
pointed out, TO reliance by the prose
cutting attorney upon the proposition
that evidence of an alibi would not he
considered and that the Governor
would not undertake to resolve a cor
fict of testimony even on the question
of whether the accused was fugitive
from justice"
The Governor sai6 that Macarthur
was total stranger to each Of the ac-
cused before the time Of the alleged
attacks. and that according 20 the tcstl-
mony Of the two women the attacks
were made in such a manner as to
'rcnder their ability to Identify their
assailant more than doubtful"