THE CHARGER AGAINST

Taranaki Herald, Volume XLV, Issue 10653, 30 June 1896, Page 2

THE CHARGER AGAINST

REMANDED UNTIL FRIDAY. [rEX PREA3 ASSOCIATION.] ■Wellington, June 29.— During the examination of Kippenbeyer, 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 if Mr Jellicoe was appearing in the caao. Sir R. Stout intimated that Mr Jelliaoe wai appearing with him for the accused. Mr Gray said he understood that Mr Jellicoe had been advising Herman prior to his appearing for accused. It was a very wrong principle for counsel to go upon, Mr Martin said that it might bo wrong, but that ho had no power to do anything in the matter. Mr Gray the nintimalod that he would bring the matter before the proper tribunal. The incident closed by Mr Jellicoe remarking remarking that he wished it to be understood that he knew his own businesss, Mr Gray notwitSstnnding. _ Mr Jellicoe is acting for Kirby in the libel case against the manager and publisher of the Times. This afternoon, Edward F. Blundell, manager of the Bank of New Zealand at Feilding, who was teller at the Bank in Timaru in 1882, gave evidence that he remembered Herman cashing a cheque about that time for £400. H. H, -Ferguson, watchmaker, Timaru, deposed that in February, 1882, he soid Herman a gold watch for £38. Peter Bell, lessee of a billiard room in Timaru, said that in 1881 he commissioned Kirby to take from Herman a wager of 100 to 6 abont Lady Emma for the Dunedin Cup. Kirby admitted that he had got the wager o», and offered to take a fifth of it. The iay befor« the races Herman left for Dunedin. Witness told accused so, but the latter said it did not matter. He afterwards accused Kirby of having received the wager mouey from Herman, but he denied it. Witness then pullod a gold watch out of Kirby b pocket, and said he believed that was Herman's. Kirby denied it, and said he had purchased the article from a firm in Christchurch, but on telegraphing to the firm named by the accused, the answer was that they had never sold suoh a watch to Kirby. Witness and a man named Pearce again asked the accused for their share of the wager, when Kirby said he .would run them iv. He had uot received one farthing of the wager money from either Herman or Kirby. Robert Kennedy, bailiff of the Timaru Magistrate's Court, said one day after Herman had left Timaru Kirby came into the office showing a gold watch, which witnoss thought he had aaen Herman wearing. , Sergeant Oullen 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. These Kirby said had been given him by a .Mend who had gone away, and the friend said if he never came back Kirby was to keep tham Kirby later on showed him a gold watch, which ho said a friend had given him. Kirby subsequently said he had bought a Uuae worth £(350. Sergeant-Major ßamsay, of Wellington; said he was stationed at Timaru in 1882. Saw Kirby displaying a gold watch which tho acctucd said bad been given him by his mother, along with 610 sovereigns. Tho accused was remandod nntil Friday. The chargo against Wm. George Bassett of being an accessory, was next taken, and the evidence given against Kirby read over, Mr Wilford, for tho accused, reserving the right to cross-examine. The accused was also remanded until Friday.