KIRBY'S CASE.

Daily Southern Cross, Volume XXXII, Issue 5708, 8 January 1876, Page 3

KIRBY'S CASE.

To the Editor : Sir, — The jury in the case of W. Kirby found him, 1st, guilty of an assault with intent to commit rape ; and, 2nd, that he was entrapped into the commission of the ciluie. The question arises, who entrapped him ? Bain and his wife ? But these swore distinctly, in their evidence, that they did not entrap him. Then the jury must have disbelieved that evidence. But if the second finding (that is, their belief that prisoner was entrapped), be correct, Bain ami his wife were guilty of perjury, and their evidence is unreliable. But on whose evidence did the jury find tin first part of the verdict, viz., that Kirby was guilty of assault with intent to commit rape? Again, on the evidence of Bain and his wife, which evidence is uncorroborated. Mrs. Moore's testimony, is that she heard a scufllo, but th.it is quite compatible with the absence of intent to commit rape. It may bo assumed that Kirby went to the house with the intention of employing persuasion, and that sort of half coercion which might be expected from a man bont upoi\ an immoral purpose of the kind, but the only evidence of attempted rape ia that of Bam and his wife, part ot which evidence the jury must have disbelieved. His Honov Judge Gillies remaiked truly that if Kirby were found guilty of assault with intent to commit rape, his being entrapped did not exonerate him. But supposing him never to have been entrapped, there is no reliable evidence of assault with intent. I offer no opinion as to the guilt of Kirby or otherwise. That is another matter. But I put before your readers what seems to me to be the inconsistencies between the evidence and the finding of the jury. — I am, &c, Lex.