Ex-Detective Kirby’s Case.

South Canterbury Times, Issue 8659, 23 October 1896, Page 2

Ex-Detective Kirby’s Case.

CONVICTION UPHELD.

ißy Telegraph, j

WELLINGTON, October 22: <

In the Court of Appeal, the Crown case reserved, Reg. v. Kirby, was argued. The indictment charged Kirby in the first count with accusing, and, in the second count with threatening to accuse, one Herman of having committed an infamous crime, and thereby extorting money. The evidence showed that Kirby informed Herman that he had a warrant against him for an infamous crime, that Herman would get ten years for it, and that the Government would take his property, but that Kirby would make it right if Herman gave him £3OO. The jury found that in.fact there was no r; such warrant in existence. The question reserved was whether the above evidence showed an accusation or threat to accuse by Kirby, the contention forprisonerbeing that there was no accusation or threat to accuse by him, but only a false statement that some other person had made an accusation, and that this was not the offence charged. The question was also reserved as to the admissibility of a copy of Kirby’s bank account, under the Banks and Bankers’ Act, 1887, the contention for prisoner being that there was no evidence of identity between prisoner and the person in whose name the account was kept. It appeared, however, that the items of account were identical with cheques shown to have been drawn by prisoner. The Court unanimously ruled against counsel for prisoner on all the points, and affirmed the conviction. Sir Robert Stout and Mr Jellicoe were for prisoner, and Mr Bell for the Crown.