SENSATIONAL DUNEDIN CASE.

New Zealand Herald, Volume XLI, Issue 12663, 17 September 1904, Page 5

SENSATIONAL DUNEDIN CASE.

A RUNHOLDER'S WEALTH. ALLEGATIONS AGAINST AN EX-BANK MANAGER. WRIT OF HABEAS CORPUS SOUGHT. [BY telegraph.— co-respondent.] Dcnki>in, Friday. Tin; sensation, of the horn in Dunedia is the case of Thomas Keenan, who is the subject of a motion m the Supreme Court to-day for a writ of habeas corpus. The case presents some extraordinary features Briefly stated. Thorn is Keenan is a paralytic runholder at St. Kalian's, supposed to bo worth £25.000 or more, and the allegations made in affidavits filed suggest he is being detained against his will and jealously guarded in his house in St. Clair by persons alleged to have sinister designs on his wealth. The persons introduced as interested in the ease comprise ar- ex-bank manager, a Catholic priest, two or three station hands, acting a.-; bodyguard. As indicated, the matte;.' was placed before the Supreme Court in the form of a motion for a writ of habeas corpus. Mr. J. F. M. Fraser, Crown 'Solicitor, moved on behalf of Keenan s sister, Mary Kilgarriff, and Mr. Sim appeared to oppose on behalf of Alfred Henry Vernon King, formerly manager of the Rank of New South Wales at St. Bathans, and now trading as a gold buyer in Dunedin. Mr. Sim. in showing cause why the writ should not issue, put in an affidavit signed by Keenau, containing the following statement: "l am informed, and believe, that charges have been made against Alfred Henry Vernon King, of compelling me to act against my own wishes after I became unable to attend to my own affairs. I appointed A. H. V. King to look after them on my behalf. Accordingly he is attending to my business for me, and I desire that he shall continue to do so, and that he shall not divulge to any person anything concerning any of my affairs whatsoever." The affidavit went on to deny that Keenan had written to W. L. Simpson, manager of the Trustees and Executors Company, to take over his affairs.

A further affidavit was read from Dr. Church, stating that he had examined Keenan, who appeared to be in a sound state of mind, and able to manage his own affairs. Dr. Roberts and Dr. Colquhoun also deposed to having examined Keenan, and to having formed a similar conclusion. Then came King's own affidavit, in which he stated that he did not illegally restrain KoenaH, admitting that he had operated on Keenan's bank account at the letter's : request, and alleging that Keenan had particularly requested nim not to divulge his ' financial condition to arij Catholic priest. King went on to say that ir March, 1903, Keenan executed a will in the presence of Father O'Dea, of Ophir, when the latter pressed aim to leave £1000 to the Catholic Church. On this being refused, U Dea reduced his request, eventually asking that Keenan should leave £50 to the Church for "masses for the repose of his soul," but Keenan would not hear of it. King's .affidavit went on to recount how Keenan had been removed in a covered-in waggon, and afterwards in an invalid's carriage on the railway to Dunedin. Since his arrival here Keenan had been attended by three men-servants engaged at his re-

quest: King declined to say whether or not his wife was interested in Keenan's will. Mr. Sim, continuing his address, said the motion was a struggle on the part of the other aide to get what they could out of Keenan before he died. Mr. Fraser, in opening for the other side, had a passago-at-arms with Mr. Sim, who stated that Mrs. Kilgarriff had been brought out from Ireland by the Church. Mr. Fraser said Mrs. Kilgarriff had only ; been in the colony four weeks, and had come \ out to discbarge her duty to her brother. Mr. Fraser then put in an affidavit of the constable at Ophir, which stated that Keenan was attended by three station hands, James Detail, Samuel Brown, and McPhersen, " none of whom, as far as I know, had any previous experience of nursing, although I was informed they were paid at the rate of 10s a day. .Before the illness Keenan was an. extremely careful man in his expenditure, and very shrewd and capable in business." Father O'Dea's affidavit detailed how Keenan's first will was made, under which King was sole trustee, and by it a legacy of £3000 was given to each of the three brothers, £1000 to Hilda Stewart, of Auckland, and the residue to be divided equally amongst them all. Father O'Dea went on to allege that a system of espionage was maintained over Keenan and himself whenever they were together, and that Keenan complained to him that he was badly treated. An affidavit by Father Murphy dealt with the deponent's efforts to obtain access to Keenan after he came to Dunedin, and to obstacles placed in his way by King and the three men looking after him. An affidavit by W. L. Simpson contained the letter already referred to, in which Keenan asked Simpson to take over his affairs. In response to this letter Simpson visited the house, but was refused admission by one of the bodyguard, who said an order from King was necessary. Mary KilgarriiFs affidavit stated : I went out to my brother. He warned me not to speak loudly lest the attendants should hear. He said, " Let them not hear you ,* they will use me," He appeared to be in dread of them, and when I left he cried/ and said he would have a lonesome night. Whenever I spoke to my brother, I always noticed that one or other of the attendants was endeavouring to listen. On another occasion 1 mentioned King's name to my brother. 1 said I heard he was buying gold, fmd he replied, " Yes, with my money " My brother is evidently afraid of the three men, and 1 believe h-t is kspt isolated from his friends, and practically under the absolute control of King. I believe that my brother is possessed of from £25,000 to £35,000, and that Kia& has been operating freely on my brother's bank account.

Aftei argument, Mr. Justice Williams eaid he had come to the conclusion that the case could not rest where it stood. The opinion he had formed from Keewaa'c affidavit, was tha«. it did not contain the truth. It could be legitimately read as directly contrary to what it stated. A very unsatisfactory state ci' affairs had been disclosed, and the most difficult thing to ascertain, would be Keenan's true state of mind. Mr. Fraser suggested that two independent parties, if possible, old friends of Keenan, should be asked to go out, and interview him, and added that Mr. John Roberts, C.M.G., who had known Keenan for years, should be one of them. His Honor approved of the suggestion, and the Court subsequently adjourned till Monday. "