The Kirby Case.

Opunake Times, Volume V, Issue 191, 3 July 1896, Page 2

The Kirby Case.

Wellington, June 29.

Phillip Kippenberger, solicitor, Christchurch, saidv he wrote on November sth 1884, to the Commissioner of Police, enclosing copy of statement Hermann had made on July 4th 1895. He issued a writ against Kirby on behalf of Hermann for recovery of £7OO and a gold watch valued at £85.. On July sth he went to Napier and saw accused. The latter said the warrant against Herman was made out by Mr Higgins, and properly signed by a justice, but not recorded. He went to Hermann's shop with a warrant, and if a policeman had been there he would have been arrested, but could not do it himself as he was ill. Hermann went on his knees and said he would give him £IOOO to let him go. Kirby told witness there was another case against Hermann, who had paid three sums of £3OO, £2OO, and £2OO. He had never handled the money himself. Witness detailed negotiations with accused, which ended in the latter giving a mortgage for £llß2, including interest at 4 per cent and expenses. Kirby then handed him £2OO in bank notes. Kirby also urged him to get Hermann to leave the colony, and write to the Government withdrawing the charges against him. He declined to do the latter, but discontinued the action, and informed Kirby Hermann did not find it convenient to leave the colony. In all accused had sent three quarterly remittances of £ls each, and also authorised witness to receive rents of a cottage in ChristChurch on Hermann's behalf. The total amount received from accused was in all £272 12s. Wellington, June 80.

Peter Bell, lessee of a billiard-room in Timaru, declared that in 1881 he commissioned Kirby to take from Hermann a wager of 100 to 5 about Lady Emma for the Dunedin Cup. Kirby admitted that he had got the wager on and offered to take a fifth of it. The day before the races Hermani left for Dunedin. Witness told accused so, but the latter said it did not matter. He afterwards accused Kirby of having received wager money from Herman, but he denied it. Witness then pulled a gold watch oat of Kirby's pocket, and said he believed it was Herman's. Kirby denied it and said he had purchased the article in Christchurch, but on telegraphing to the firm named by accused the answer was that they had never sold such a watch to Kirby. He had not received one farthing of the wager money from either Hermann or Kirby. Robert Kennedy, bailiff at the Timaru Magistrates Court, said that one day after Hermann had left Timaru, Kirby came into the office showing a gold watch which witness thought he had seen Hermann wearing. Sergeant Culleu said he wa3 stationed at Timaru in 1881. Kirby eame into his room and pulled out a roll of notes, which he said were worth £BOO. These Kirby said had been given him by a friend, who had gone away, and the friend had said that if he never came back Kirby was to keep them. Kirby later on showed him a gold watch, which accused said his friend had given him. Kirby subsequently said he had bought a house worth £650. Sergeant-Major Ramsay, of Wellington, said he was stationed at Timaru in 1882. Saw Kirby displaying a gold watoh, which accused said had been given him by his mother, along with 500 sovereigns. t Accused was remanded until Friday. The charge against William George Bassett, for being an accessory after the fact, was next taken, and the evidence given against Kirby was read over, Mr Wilford for the reserving the right to cross-examine. Accused was also remanded until Friday.