The Kirby Case.

Feilding Star, Volume XVIII, Issue 37, 12 August 1896, Page 2

The Kirby Case.

(Per Press Association.) Wellington, August 11. Kirby's case was resumed to day, when the cross-examination of Sergt. Cullen was resumed, and several warm passages took place between Mr Jellicoe and the Chief Justice. Sergt. Ramsay, who was stationed at Waimate when Kirby was at Timaru, stated that Kbrby said he had received a gold watch from his mother, and she I had also sent him £500. | Bell, formerly billiard saloon keeper lin Timaru ; Edmund Cotter, farmer, formerly gaoler at Timaru ; Inspector Pender and Jas. Kellow, accountant, gave unimportant evidence. Philip Kippenberger, solicitor, of Christchurch, and who was acting for Hermann since his return, to the colony, was under lengthy examination. He detailed interviews he had had with Kirby at Napier, where he had gone on the invitation of accused, after the writ had been issued against Kirby for recovery of money and watch alleged to have been extorted from Hermann. Kirby at first gave a general denial of the accusations, and said he had documents in his possession which would clearly establish his innocence. Kirby told witness there were three charges of indecency against Hermann ; that informations had been sworn, but Hermann had paid sums varying from £200 to .£3OO as hush money. Accused denied receiving a penny himself, and said he was now suffering from negiecting to perform his duty and have Hermann arrested. For not" doing his duty Kirby told wdtness he was prepared to pay Hermann a sum of money in order to re tain his position in the police service. Witness declined any compromise on the hypothesis that Hermann was blackmail ing Kirby. Tho latter said if the claim for money had been made in 1891, be fore he lost heavily in mining speculations in Auckland, he could have met it. Witness desired to see the documents. Kirby said they were in his possession, and that others had participated in Hermann's money, but were uot produced. Kirby threatened to resign and file his schedule, and witness told bim that would not rid him of debt made by fraud. Ultimately Kirby said he could pay £200 down and the balance in instalments of £5 per month. Kirby pressed him to withdraw the charge made to Government against him, but witness said he must do his duty to his client and did not regard the criminal charge as anything to do with him (Kippenberger) . Accused also urged that Hermann should leave the country. Witness said Hermann was in ill-health and might leave the country if the claim was settled, but so far as witness was concerned he would make no misrepresentation about it. Witness prepared a mortgage deed over Kirby's property, also a statutory declaration as to amount of property owned by Kirby, tbe chief item in the latter being property in Christchurch on which had been paid ±300. Both the mortgage and declaration which were produced were signed by Kirby. In the former Kirby admitted the claim of Hermann, aud agreed to pay interest at the rate of 4 per cent for 13 years, making a total claim of £1182. Accused made no objection to tbe amount named in the deed as rate of interest, and paid witness £200 down, the balance to be at the rate of £15 per quarter. At 5.30 the Court adjourned until tomorrow inorning._