THE KEENAN CASE.

Press, Volume LXI, Issue 12015, 17 October 1904, Page 9

THE KEENAN CASE.

A LETTER WRITTEN BY KINO. ACCUSED COMMITTED FOR TRIAL.' (SPECIAL TO THE "MUSS.") DUNEDIN, October 15. Tho case against King was resumed s.t the Police Court this morning. Mr Hnnlon explained at the outset that the statement prepared by King of Keenan'a affairs waa frohi March, 1903, to October, 1904, and not .from March to October, 1904, as had appeared in the papers. Mr Lachlan McKay, relieving manager of the Bank of South Wales, said accused waa formerly manager at St. Batlian"'}. Ho ceased to occupy the vposition in December; 1803. Tho Bank received intimation from accused a month previous to that dato of his power of attorney. Detective- Herbert said that when he arrested accused, and told him that iii» aignatiurea and power of attorney were »lleged to bo forgeries, accused replied that the signatures and power of attorney were genuine. Ho further said he arranged with Koenan that morning to luave fresh authority given htm to deal with Keennn's business. At tho police station witnws found oa accused a bank deposit receipt for £2000, bank tdip for £700, and i*uik slip for £1134. He also found a statement of the account on him.

Lachlun McKay, recalled, produced .% letter from King to the supervisor of the Bank at Duncdin, the text of which was as follows:—"Dear Sir, —In reply-to your letter of the 10th inst., I have to inform you that I am, at Kecnan'a request, operating on his account; ac per enclosed copy of letter of authority dated 28-3-03. I may alfflo add that I hold a power of attorney executed by Keenan and drawn out by Cutten and Hjorring, solicitors, Nascby, placing the whole of his affairs under my full control, etc. There ie a clause in the document authorising mo to operate o,n his aooount by overdrawing or otherwise. 1 am sole executor and trustee in Wβ last will and testament, which document I have in ray possession, together with tho whole of hie fixed deposit', receipts, deede, and leaees, etc. I have to mention it was fortunato that Keenan appointed mc ha attorney, as about a month after the power of attorney was executed he developed insanity of the worst type, and the doctor informed mc that if ever he regained tho use of his limbs he will be compelled by law to certify him as insane and send kirn to a lunatic asylum. Tho result of this would have been that the Public Trustee would have stepped in and taken full control of hie affaire. I would have had to give up the fixed deposit, and receipts amounting to £15,000 odd, with stock and land worth £10,000, and aa the deposits fell due they would have been withdrawn from the Bank and placed to the Public Tru4 Account, instead of being renewed as they mature under my power of attorney. VI course, on the death of Keenan and on probate being obtained by mc, the l'ublio Trustee would hand mo over the estate to deal with, niter he had had ha pickings, which would be a considerable sum under the circumstances. Keenan 19 quite helpless, end is constantly attended by two and sometimes three men: The doctor attends him regularly twice a day, ami reports that there is not the slightest chance of his recovery. In fact ho is sinking fast, and to make matters worse he recently contracted'rupture through weakness vi his organs. I might state that 1 have been a friend of Keenon's for the past eixtoen years, and in recognition of the friendship existing between tui he sent for mc immediately tho paralysis set m, and requested mc to fix up all his affairs, as he was certain ho-would never recover, and placed mc in full control, making mc his sole executor and trustee,, and (privately) I may mention that I am a. largely interested party in his will. As is well known, Keenan left Ireland forty-two years ago, and has never since seen, corresponded, or received a letter from any of his relatives. lam in communication. with one in, Ireland and one Jα New York city, who etate that they are related to him, but, I cannot get any information . from Keenan on this point. Whether they ore hie relatives or not he has no blood relation* in the colony. Keenan hr,s never been able to sign his name since tho will was executed on the 20th of March last. After Keenan's death the whole estate will be cold and the proceeds placed,-in tne Bank till uired." "

Bank till required." Mr Hanlon, for the defence, said it might be that the Court would not feel disposed to take the responsibility of disposing of this matter rft the present etage, and for that reason he would not elaborate very much on what be hadto say. The evidence that had been adduced in support of the charge was not of a satisfactory nature by any means. The first important witness called wae Aehmore. There could be no manner of doubt left in anyone's mind that that witness was shuffling and humbugging in regard to hie connection with the'power of attorney. Ho boldly asserted oeriadn things, to the effect that he did. not sign the power, of attorney,, and that be had been in King's company in Keenan's room. On the other hand, when Keenan was examined, he made point blank denial of each of the assertions that were mod© by Ashmore in regard to those things. It wae perfectly dear that no jury in the world could find the accused guilty noon the evidence, notwithstanding that Ira learned friend had tried to make the case as sensational as possible. His learned friend hod tried to establish a motive for the accused* committing forgery by putting in a statement which had ■ absolutely no relevancy to the - ttiee At all. He (Mr Hanlon) reiterated that the putting in of that statement was done for no other purpose than .to ■ create .prejudice against 'the accused, and not for. the bona fide conduct of the case. It was irrelevant, and went no distance at.all to prove • the ' alleged/ forgery. He put it ,to the Court that thai sort of thing ought not to have been allowed. 'The same thing had happened again this morning. The opportunity was given to his learned friend to produce a certain letter, in order to prove a- date. His learned friend, in his most dramatic style, put it to the witness ■ that. he should read the letter aloud. That could only be done for the purpose of creating prejudice and a. sensation. That did not strike him (Mr Hanlon) aa being a correct "way to deal with the prosecution. The simple question was, wae the document a forgery? Ashmoro'e evidence was unsatisfactory to a Keenan's evidence was also unsatisfactory. N.ot only did he say that he did 'not give this *■ power-of-oWorney, but he also told them that he did not believe that he pave the power-of-attorney to Roberts and Johnstone, wiho were appointed by thd Supreme Court to wait oh him, and lind out his true statement in regard to King. What possible reliance could be placed on the' evidence of ft man liko that? . A further thing he (Mr KarJon) would point out was that when Keenan himself was giving his evidence he frankly admitted tfiat King had told him, when he was in Sfc. Batban's, that ho held a power-of-at-toxney in order to enable .him to carry out certain transactions which ihey were then discussing. King then said, .'I have your power-of-ottorney," and Keenan told them at his house, on Thursday, "I denied it, and said it was fake." , If that were a true statement made- by Keenan then, that fie challenged th« power-of-at-torney wlien at St. Botliana, was it not likely that he would have conferred with someone in order thai the power-of-attor-ney should be set aside? He did not send for his lawyer^and all he.said was, "I could not walk, and that w why I did not take action." It was absolutely incredible, and from that date until this Keenan had done nothing to liave the power-of-attorney revoked until the letter was «*nt to Simpson to get him to take over the management, and; revoke the : power-of-a,ttorney held by King.. Kesnan, d*oi«i that ixTsent any letter, or authorised'any letter to be sent to Simpson, and h« (Mr Hanlon) Understood that he received such a letter frem him. Koenan denied that he intended to give Roberts and Jobnstono power-of-attomey, and \ha& waa wliafc J»

dented in regard to King, bat the power-of-attaroey ooald be produced in each instance to disprove, what had been.. said by Kecoan- i The evidence was j not only imsatiafactory and contradictory, but was totally' unreliable, but as the case had .created so muoh talk and excitement., couanel did not expect that the magistsale would take tlte responsibility of sending it to a pay. . , Accused reserved his defence, and -w-a3 committed for trial, bail being allowed on Eμ own seouritv of £800, and two sureties of £400 each. - v "''" :