EX-DETECTIVE KIBBY.

Otago Witness, Issue 2209, 2 July 1896, Page 19

EX-DETECTIVE KIBBY.

Wellington, June 26. The Waihora, with the prisoners Kirby and Basiett, arrived at noon to-day. A largo crowd assembled at the wharf to obtain a glimpse of them, but little opportunity was offered, as the wharf was roped off and the accused were hurried into a cab and, driven to the police station. Kirby appeared to feel his position keenly, but Bassett was rather jaTinty in manner. Kirby and Baesett were brought before the court at 3 p.m. There were two charges against the former — firstly, of blackmailing John Herman at Timaru about Jauuiry> 31, 1882, by threatening to accuse- him of an abominable crime and extorting a gold watch; and secondly, of extorting two- cheques for £400 and £300 by similar meanß at same date. Bassett was accused of aiding Kirby to escape from the colony. Dr Findlay, who appeared for Kirby, applied for a remand in the absence of Sir K. 'S&out and Mr Jellicoe, both of whom were unable to be present. The Crown opposed the remand on the ground that accused had had plenty of tima to instruct his counsel, but^ chose to leaveithe colony instead of surrendering to his bail. Mr Martin, S.M., refused the remand, bat ultimately, on tho Crown agreeing, the case was postponed till to-morrow. 'No application wa? made for bail. Bassett was, remanded till Wednesday, and was admitted to' bail with two sureties for £200 each. Mr . Wilford, who appeared for accused, thereuponsaid he would prefer a remand till Monday only, which was agreed to. Oo the passage over Kirby and B asset fc had food given them chopped up, and ate it with wooden forks ' and spoons, no knives being allowed. The three New Zealand police officers and accused occupied a Urge cabin in the fore part of the ship, and- the accused wera never left alone, a system of watob.es being arranged by which one of the police wai always awake.Kirby did not go on deck at all, and Bassett only occasionally ; therefore, owing' to the close confinement, the cabin became very stuffy and the passage across far from an agreeable one. V June 27. The case against Kirby began at the Magistrate's Court to-day before Mr -Martin. Mr Gray prosecuted for the Crown, and Sir Robert Sbout defended. Herman, hairdreiser, ssid that he carried on business at Timaru years ago. Kirby c»me_ to him nhowiug a piece of blue paper, and stating that he had a warrant for hii arrest. Accused said th»t witness would get 10 years and thathis property would be confiicated. Witness denied the obarge, and Kirby said that if witness would band over £300. or £400 it would be all right, adding that he wanted the money at once. Witness drew a oheque for £100 and paid it to Kirby ; then another £100 ; and, as Kirby -was bothering him bo sell his business, a further" sum, he thought £300, was paid. Kirby kept at him, and he sold the business,' which. reMiaed £1200. The dsjr before he Mh

Timaru Kirby asked for a further sum of £40$ to square up with his father and ofother. Kirby did not jßay. whose. father and mother*. ..Kirby frightened him aud he agreed to. pay. Thero was no one present when the money was paid. The cheques produced were those he cashed for Kirby. The latter also demanded a gold watoh whioh bad cosb witness £38, and it wasygiven him. Witness left Timaru on the 20bh February 1882 for London, via Melbourne, aud returned to New Zealand in September 1894. On arrival at Wellington a. month later a mau named Kellow o»lled on witneis and requested him to go to Napier and see Kirby, bub witness declined to do so until he saw his solicitor. Cross-exnmined : Witness might have bet £100 with Kirby on the Dunedin races. If so, be had not paid the money. He did not remember telling a man that it had cost £1000 to equate a certain person's father, nor did he remember a conversation with a man named Robson concerning ope called Griffon. His betting transactions with Kirby were nob many. Witness's assistant might have been present when tho money was paid, as h» had, told witness that he had heard. part of what was said. ,•, • . " , " . Frank George, the assistant referred bo, was nezb examined. Ho said that the nighb before .Herman left Timaru. he returned to tho shop. The doors were looked. He lookedthrougb the window and saw Herman and. Kirby at a table, the latter, counting a roll of notes. Witness < thought that Herman had a silver wateb, and heard it stated that Kirby was driving Herman " out of the town, '•.>.. % .-.-..- t - James Kellow, accountant at Hayman and Co. 's, deposed, that he' received b telegram from Kirby- to see -.Herman- -and ask him to .visit Napier. After consulting a solicitor Herman refused. Witnesi then arranged for Herman's solicitor to go bo Napier,. and witness guaranteed £10 expenses. Subsequently a letter , was received from Kirby 'stating that affairs had been arranged satisfactorily. Ab 12.30 the court adjourned until Monday morning. , June 89. The hearing of the charge againib exDetective Kirby was resumed ab the Police Court to-day. Philip Kippenberger, - solicitor, of Ohriab* ohurob, stated tbab he wrote on November 5, 1895, to the Commissioner of Police, enclpsing the oopy of a statement which Herman' had nu'Je on July 4, 1895. He had issued a writ agiin'st Kirby on behalf of Herman for the recovery of £900' and a gold watoh valued ab£3s. He .wont to Napier, and there taw the accused. The latter had a warrant! against Herman, made out by Wiggiua, who was in league with some " spielers " who were running * gambling den in Wellington, in tbe profits of which he (Kirby) shared. In all the accused tent three quarterly remittances of £15 each. He also authorised wjtaess to receive the rents of some cottiges in Christchuroh on Herman's behalf. The total amount received from accused was £272 12s. On the court adjourning at 1 o'clock Kirby laid an information for criminal libel against Mr Cagsidy (the manager) and Mr Ashbolt (the printer), of the New Zealand Times, on account of an artiole published in that paper on June 16, stating that Kirby 'had been in league : with ■some "npielera" whd wert running & gambling ,den iv Wellington, ia tbe profits of which . establishment ib was alleged that he ihared.

The case wat resumed in tho aftsrnoon, when Edward 1?. Blundell, manager of the Bank of New Zealand at Feildiog, who was teller at the bank in Timaru in 1882, gave evidence that he remembered Herman cashing a oheque about that time for £400. R. H. Ferguson, watchmaker, Timaru, deposed that in Febrnuy 1882 Ihe sold Herman a gold watch for £38. Peter Bell, licensee of a billiard room in Timaru, declared that in 1881 he commissioned Kirby to' take from Herman a wager (100 to 5) about Lady Emma for the Dunedin Onp. Kirby admitted that he had got » wager on, and offered to take a;fif thof.it. The d»y before theraces Herman left for Dnnedio. Witness told accused so, but the latter said it did not matter. He afterwards accused Kirby of having received the wager money from Herman, but ho denied it. Witness then pulled a gold watch out. of Kirby'a pocket and said he believed that was Herman's. Kirby denied it, and said he had purohased the watch from a firm in Christ" church, but on telegraphing to the firm darned bj accused the answer was that they had never sold such a watch lo Kiiby. Witness and a man- Darned Pearce again asked accused for their share of the wager, whoa Kirby said he would run them in. Witness had nqt received one fatflhing of the wager money from either Herman or Kirby. Robert Kennedy, bailiff at the Timaru Magistrate's Court, said one day after Herman had left Timaru Kirby came , into the office and showed a gold Watch which witnees thought he had seen Herman wearing. Sergeant Cullen said he was stationed at Timaru in 1881. Kirby came into his room and pulled, out a roll of notes which he said were worth £300. Theae, Kirby said, had been given him by a friind who had gone aw&y, and the friend had said if he never came back Kirby was to keep them. Kirby, later on, showed him a gold -watch which he said a friend had given jiim. Kirby subsequently sajd b.B had bought a honse worth £650. Ssrgaant-major Ramsay, of Wellington,, said he was' stationed at Timaru in 1882. He saw Kirby displaying a gold watch which accused said had been given him by hit mother along with 500 sovereigns. Accused was remanded until Friday. ' The charge against William George Bassstfc of being an accessory after the fact was next taken, and the evidence given against Kirby was read over, Mr Wilford (for accused) reserving the right to cross-examine, Aooused was also remanded until Friday. During the examination of Mr Ktppenberger, " solicitor, Mr Jellicoe, who had been conferring with' Sir R. Stout, spoke to the prisoner in the box,' whereupon Mr Gray, who was prosecuting, asked it Mr Jelliepe was appearing in the case. Sir R. Stout intimated that Mr Jellicoe was appearing with him for the accused. Mr Gray said it was his duty to mention that he understood thab Mr Jellicoe had been advising Herman prior to his appearing for accused. It was^ a very wrong prinoiple for counsel to go .upon. Mr Martin said that ib might be wrong, but* that he had no' power to do anything in the matter. Mr Gray then intimated that he would take 1 care to bring the matter before the proper tribunal. The incident closed by Mr Jellicoe remarking tbat he wished it to be understood that he knew his own business, Mr Gray notwithibanding. Sir Jellicoe is acting for Kirby ia tbe libel case against the manager and pub* Usher of the New Zealand Times.