THE CASE AGAINST KIRBY

Poverty Bay Herald, Volume XXIII, Issue 7665, 29 June 1896, Page 2

THE CASE AGAINST KIRBY

» , | Wellington, to-day. Kirby's case was resumed this morning. Phillip Kippenborger, solicitor of Christchurch, said he wrote ou November sth, 1894, to tho Commissioner of Polico euclosing the copy of a statement Herman hud made. On July 4, 1895, he issued a writ against Kirby on behalf of Herman for the recovery of £700 and a gold watch valued at £45. On July 5 he went to Napier and saw accused. The latter said the warrant against Herman was made out by ono Wiggins and was properly signed by a Justice, but was not recorded. He went to Herman's shop with the warrant, and if a policemau had beon present he could have been arrested. He could not do it himself, as he was ill. Herman, he said, went ou his knees and said ho would give him £1000 to let him go. Kirby told witness there was another case against Herman, who had paid three sums of £300, £200, aud £200. Ho said he had uever handled the mouey himself. Witness detailed the negotiations with accused which ended in the latter giving a mortgage for £1182, iucluding interest at 4 per cent, and expenses. Kirby then handed him £200 in bank votes. Kirby also urged him to get Herman to leave the colony and write to the Government withdrawing the charges against him. He declined to do the former, but the latter. He informed Kirby that Herman did uot find it convenient to leave the colony. A large quantity of correspondence between the witness and Kirby was put in. In all accused sent three quarterly remittances of £15 each. He also .uithorised witness to receive rents of cottages iv Christchurch on Herman's behalf, The iota! umount rtceived from accused was in all £272 12s. Ou the Court adjourning at 1 o'clock Kirby laid an information for criminal libel against Mr Cassidy, manager, and Mr Ashbolt, printer, of the New Zealand Times on account of an artiole published on June 16th, stating that Kelly had been in league with spielers running a gambling den in Wellington, in tho profits of which ho shared,