KIRBY’S SENTENCE.

New Zealand Mail, Issue 1290, 19 November 1896, Page 13

KIRBY’S SENTENCE.

The case against ex-Detectivo Kirby, which has been before the public for some months, came to a conclusion on Monday morning at the Supreme Court. Kirby was placed in the dock, and, except that his beard had grown and he was much greyer, there was nothing in his appearance to betoken that the six months he had spent in gaol awaiting trial had had much effect on him.

Sir Robert Stout, who appeared for the accused, said he had nothing to say except to draw His Honor’s attention to Kirby’s long service and good record m the police force. The prisoner, however, would say a few words in his own behalf. Kirby then addressed the Chief Justice, and, in a clear, deep voice, said that when he was stationed at Timaru in ISSI Hermann kept a tobacconist’s shop and gambling room there. He suppressed this, which annoyed Hermann very much. In 1882 he investigated Hermann’s affairs, but could find nothing to warrant him in arresting Hermann. Kirby declared that he had never received any money from Hermann. He had been unable to obtain practically any witnesses at his trial, owing to the alleged offence having been committed 15 years ago. It was peculiar to him that Hermann had not taken proceedings against him in 1890 when he was in New Zealand upon the racecourses. As soon as this case was over Hermann had left for South Africa, where he intended to remain. The unfortunate thing connected with this case was his trip to Sydney —he was not then in his right mind. When in Sydney he came to his senses and intended to return to the Colony, but was arrested. After he regained his liberty he intended to pay back those who had bailed him out, and would get assistance from England for that purpose. In making reference to his wife and children, the last of whom was born at the beginning of last month, Kirby broke down and wept bitterly. His wife, he said, was left destitute, and depended on friends and relations. His imprisonment would be a double punishment to him, as he would have to associate -with men whom he had helped to put in goal. Already he had been six months in goal, and the mental torture he had suffered had been terrible. Ho prayed for mercy, and asked to be dealt with as leniently as possible. Kirby again broke down and wept. His Honor, in sentencing the accused, said that it was the duty of the Court to take into account that ho was an officer of the police in considerable trust, which made the offence more serious. However, it was his duty to take into account the fact that so long a time had elapsed since the offence. He thought it was sufficient in this case to pass what under any other circumstances would bo an improperly light sentence. The sentence would be three years’ penal servitude. Kirby was then taken away. Later in the afternoon the Chief Justice said that he thought he ought to have made the sentence with hard labour instead of penal servitude, aud would refer the matter to the Appeal Court.