Kirby's Trial.

Manawatu Herald, 2 July 1896, Page 2

Kirby's Trial.

When the hearing of the charge a against Austin Eirby were resume d on Monday Philip Kippenberger, solicitor, Christshnrch, stated that he arranged to meet Herman in Wellington in October. On the sth November, 1894, he wrote to the Commissioner of Police enclosing a copy of the statement Herman had made. The letter produced was the one that bad been sent. On July 4th, 1895, he issued a writ against accused for John Herman in the Supreme Court at Christchurch for the recovery of £700 and a gold watch, valued at £io. A statement of defence (produced) was served on him on 22nd July. He received a telegram fspm Herman and in consequence came to Wellington on July 14th. He went to Napier on July 15th, and was met at the railway station by accused. Kirby assured witness that he had all necessary documents to proteins innocence oi the charge made against him. Eirby also said that when he received witness' letter in October he was dumbfounded ; that he felt he could not go and see witness* aa he was helpless. They went into a cottage next to the polioe station. Accused then said that helmet a man one day in Woolcom be-street, Tim* aru, who had told him that Herman had been guilty of an offence on fcis boy. The boy's name was to the warrant, which was made out by Wiggins, and was properly signed by a justice, but not recorded. The warrant and information were in bis (Kirby's) possession. Witness wished te see them, but Kirby, said " Afterwards." Kirby further said that he went to Herman's shop with the warrant, and if there bad been a policeman present he would bavet bad him arrested. He {Kirby) ooald not do it as he was ill. He produced the warrant, and Herman went on his knees and said that he_ would give him (Kirby) £10<&iif Ifc.would let him go. Kirby said that there was another case. Cooper went to Herman's shop for a cigar, and, through the window, saw Herman committing an offence with a boy, ahd-ihe laid the information. Herman gave the boy's father £300 and the other boy £200. Afterwards he gave another boy £200. He assured witness that he (Kirby) never handled the money. One of them is now a man in a very respectable position, and he was surprised that' ixQ £ook tfre money. Kirby then said, "It lies in a nutshell ; I did not do my duty and now I have to suffer." He was prepared . to give Herman a sum of money, so as to be able to retain his i position. Witness said he wished to satisfy himself if there was anything in Kirby's assertion that other people had got the money. He wanted to see the documents, and the names of the people. Kirby replied—" When we have settled |he amount,; yo* can write oat the. agreement a^dt" will show you the documents." ' On being asked where the documents were, Kirby said, " AfcHbime." Eventually Kirby said that he could raise £200 by a biH^of sale t>vt# his furniture. Kirby urged witness to write out an agreement at ; once v for £200 cash, and the balance at £16 per quarter. Witness said he would think it over, and arranged to meet Kirby later that nigb>, andhawm further conversation with bin). At both interviews Kirby had asked him to write to the Government saying that the charges were withdrawn, JB« they were unfounded. He afckj&d witness to assist him and try te-gjgt Herman out of the country. As far as witness was concerned - he. wm prepared to discontinue the- action, but would not write to the Govern* ment. Witness prepared a mortgage ' from Kirby to Herman, which Kirby read, signed and declared to. K.irby. then handed witness £200 in bank notes. He received a letter .from Kirby, dated 20th July, in which he stated that ho was prepared, to pay £350 in satisfaction of the claim. He could not pay more, and he hoped that witness would get Herman to leave the Colony as he had promised. In another letter Kirby stated. .that he did not wish Herman out oMlie country to avoid payment, but^^QJ stop all conversation on the subject: On the sth October, 1895,-le-«. r ceived from Kirby the sum of £15, as per agreement. In all, accujed sent three quarterly remittances* of £15 each, and also authorised, witness to receive rents from co'tagea in Christchurch on Herman's behalf,. The total amount received from all sources was £272 123. * Edward F. Blundtll, manager of the Bank of New Zealand, remembered cashing a cheque for Herman for £400. Robert H. Ferguroa, watchmaker, Tiraaru, deposed tha^-op. th» lfilh, February, N "lßß2, ''he sold a gold hunting English keyless lever watch to Herman. The price was £88 10s. Some years afterwards be repaired % watoh for the seemed*** .gold of tn»

faced three-quarter 1 lever, tt was a second-hand watch. Peter J. Bell, lessee of a billiardroom in Tirnarn, stated that in 1881 he asked Kirby to go to Herman and get a wager of £100 to as little as possible on Lady Emma for the Dunedin Oup. Kirby agreed to do so. Kirby told witness that he bad got the wager on at 100 to 5 and had booked it to himself. After the race was run he asked Kirby to go to Dunedin and collect the money. He afterwards aocused Kirby of having got the money, but he denied it. Witness then pulled a gold watch out of Kirby's pocket, and said to him that he believed the watch belonged to Herman. Kirby denied this also, and said that he bought the watch from a Christohuroh firm. Witness telegraphed to the firm in Christchurch asking them if Kirby had bought such a watch from them, but they replied in the negative. Cross-examined by Mr Jellicoe — The only grievance he had against Eirby was that he had not paid the money to him. He could not swear as to what kind of watch it was— geneva, lever, or Rotheram— it was a gold watch. Robert Kennedy, bailiff at the Timaru Magistrate's Court, was called, and said that Kirby used to coma into hi 3 office, and one day, after Herman had left Timaru, accused showed him a gold watch. Witness was under the impression that he had seen Herman with the watch. John Gullen, Sergeant of Police at Wanganui, and formerly sergeant at Timaru, deposed that early in 1882 accused came to witness' room, and in the presence of another policeman pulled out a roll of notes, saying, "Do you see that ?" and stated that there was over £800 there. Accu3ed said that a friend of his who had gone away from the colony had given him the notes till he came back, and if he never returned he (Kirby) was to keep the money. Some days afterwards Kirby showed witness a gold watch, which he said a friend had given him. About a year later Kirby told witness that he had bought a house and had paid £650 for it. Sergeant-Major Ramsay, of the Lambton-quay Police Station, said he was stationed at Waimate in 1882. On one occasion aocused palled a gold watoh out of his pocket, which he said was a present from his mother, and added that he had also received 500 sovereigns from his mother. Mr Gray put In an affidavit show-, ing the whole of the transactions of the accused at the Bank of New Sjuth Wales, Chrisfcchurch. The case was then adjourned till Friday next at 10 a.m. The charges against William G. Bassett of being an accessory after the fact by having assisted Kirby to escape, were then taken. The depositions of the witnesses in the Kirby ca3e were read over (by agreement) to the witnesses and confirmed, with the exception of the cross-examina-tion, which in this case was omitted. Bassett was then remanded till Friday".