Kirby's Conviction Unheld.

Feilding Star, Volume XVIII, Issue 99, 23 October 1896, Page 2

Kirby's Conviction Unheld.

v ■ (Per Press Association). Wellington, Oct. 22. In tho Appeal Court Crown case Regina v. Kirby was argued. The indictment charged Kir by in the first count with accusing, and in the secoud count for threatening to accuse one Herman, of having committed au infamous crime, and thereby extorting money. The evidence showed that Kirhy informed Herman that he had a warrant agaiust him tor an iufamous crime, that Herman would get ten years for it. and Government would take his pro^ pert}', but that Kirby would make it right if Herman gave him Lf}oo. The jury found that, iv fact, tberc was no such warrant in existence. The question reserved was whether the above evidence showed tho accusation or threat to accuse by Kirby, the contention for the prisoner beiug that there was no accusation or threat to accuse by him, but only a false statement, that some other person had made the accusation and that this was not the offence he was charged with. The question was also reserved as to the admissability of the copy of Kirby's Bank account under the Bank and Baukers Act, 18H7, the contention for prisoner being that there was no evidence of identity between the prisoner and the person iv whose name tho acconnt was kept. It appears, however, that the items of account were identical with cheques shown to have been drawn by prisoner. The Court decided unanimously against connse! for tho prisoner on all points and affirmed the conviction. Sir R. Stout and Mr Jellicoe were for the prisoner and Mr Bell for tbe Crown.