St Bathans
Still another casualty to relate: Mr Thomas Keenan, runholder, of this place, was travelling up the Dunstan Creek, 25 miles from home, his head shepherd accompanying him, looking after cattle. Late in the afternoon of the 17th, as they were on their way home the shepherd noticed Mr Keenan slide off his horse and stretch himself on the grass. Dismounting, and going to his master's side, he discovered that he was suffering from a paralytic stroke, his left side being completely paralysed. On making his ailment known to Keenan it was received with incredulity. The afternoon being far spent, and the weather getting cold, the shepherd concluded something would have to be done for the safety of his master. A trial was made to get the sufferer on horseback, but the attempt failed, so nothing was left for the shepherd buy to make all haste into St. Bathans for help. Mounting his own horse, he made off at all the speed that the rough country would allow. In the shepherd's absence Keenan did not remain inactive, however, but, getting up on one foot, he hobbled to his horse (a quiet one), got on his back and actually overtook the shepherd four miles from St. Bathan's township. He had to cross the creek 34 times on the journey, some of the crossings being exceedingly rough and dangerous in broad daylight, but more so in the dark. In one of the crossings, a very bad one, Keenan's horse stumbled, and shook his rider off. Fortunately Keenan caught him by the tail, and again scrambled on his back, and eventually overtook the shepherd, arriving at his homestead about 10 p.m. -Otago Witness, 25/3/1903.
PRELIMINARY NOTICE.
CLEARING SALE Of STATION SHEEP imd CATTLE.
DALGETY & COMPANY (LIMITED are instructed by Mr Thomas Keenan, St Bathans, to sell by auction at an early date.
His Entire Flock, comprising about
3000 crossbred Sheep
120 mixed Cattle
Horses and plant. -Otago Daily Times, 13/2/1904.
Departure. — It will be in the memory of the readers of this note how Mr Thomas Keenan has been afflicted for the past 11 months with paralysis. He has been confined to bed for the time mentioned, under the care of four able-bodied male attendants and the regular attendance ot a medical practitioner, but with all the care bestowed upon him he is still an invalid, and lately left here with his quartet of attendants to take up his abode in Dunedin. -Otago Witness, 11/5/1904.
THE CASE OF THOMAS KEENAN
MOTION FOR A WRIT OF HABEAS CORPUS.
After Chambers this morning Mr Justice Williams sat in Banco to hear a motion, in the matter of Thomas Keenan, for a rule nisi for the issue of a writ of habeas corpus.
Mr Fraser said that he appeared to move.
Mr Sim: On whose behalf is my friend moving?
Mr Fraser: For the sister of Thomas Keenan, Mary Kilgarriff.
Mr Sim: I appear to show cause. Apparently, so far as the notice goes, the rule nisi is being moved for by my friend personally. He is the only person referred to. It says "upon the application of J. F. M. Fraser." My friend has apparently taken the position of being personally responsible for any costs that may be given.
Mr Fraser: The words "Solicitor for Mary Kilgarriff" are omitted — a clerical omission.
Mr Sim submitted that the application must fail if the Court had to deal with the affidavits originally filed, because there was nothing in those affidavits to show that the application was made with the consent of Keenan or by his authority. That objection, if taken, would be fatal. But it was not necessary to rely on that, because it was clear on the affidavits filed since, including one by Keenan himself, that not only was the application not made with his consent, but that he strongly disapproved of it, and that affidavit was supported by the affidavits of doctors who knew Keenan's position and condition, and said that he was perfectly content where he was. He (Mr Sim) did not know whether His Honor had read the affidavits.
His Honor said that he noticed in Mr Simpson's affidavit, a letter from Keenan which seemed to show that there was something wrong somewhere. That Mr Simpson received a letter purporting to be signed by Keenan there could be no possible doubt.
Mr Sim said that the affidavits by the doctors certainly showed that Keenan was satisfied with his present position. He (Mr Sim) would read what Keenan himself said: I, Thomas Keenan, late of Dunstan Creek, but now of Forbury road, Dunedin, make oath and say as follows: I am informed and believe that charges have been made against Alfred Henry Vernon King of compelling me to act against my own wishes. After I became unable to attend to my own affairs I appointed A. H. V. King to look after them on my behalf. Accordingly he is attending to my business for me, and I desire that he shall continue to do so, and that he shall not divulge to any person anything concerning any of my affairs whatsoever ——
Mr Fraser interrupted to say that he had served his friend with notice that he desired to cross-examine Mr King and Dr Church.
His Honor: They can be examined, no doubt.
Mr Fraser: I rise because I apprehend that the cross-examination should take place first.
Mr Sim said that if His Honor thought it necessary to have Mr King and Dr Church before the Court they were quite prepared to submit to cross-examination. But Mr Fraser had no right at this stage to ask that they be produced. There was a proper way of getting that cross-examination. Rule 182, under which notice was served, had no application to this matter. It dealt with the taking of evidence in cases by consent.
Mr Fraser said he was quite aware that Mr Sim need not tender these persons as witnesses. He simply mentioned that he had notified his desire to cross-examine these persons as to the contents of their affidavits.
His Honor observed that the witnesses, or some of them, ought to be cross-examined.
Mr Sim: Well, let my friend produce his priests and the others, and we will cross-examine them too.
Mr Fraser: I beg my friend to observe the ordinary courtesies. I am prepared to tender anyone with whom I am concerned.
His Honor said the affidavits were so contradictory that either side should have the right to call witnesses.
Mr Sim said he did not object to the deponents being examined, but Mr Fraser could not claim it as a right on the rule used.
His Honor: Are the witnesses present in court, or any of them? If so we may as well take them first.
Mr Sim said he did not think they were. Dr Church was attending his patients, and Mr King was not present. He would suggest that the argument should proceed, and then, if there was any doubt about the matter, or any questions for witnesses, they could be examined.
Mr Fraser: I will tender all my witnesses for my friend's examination, and I conceive it is his duty to do the same. However, I am quite prepared to proceed with the argument now, and reserve my rights as to witnesses.
Mr Sim then went on with the remainder of Keenan's affidavit: "I have not in any way authorised any person to take proceedings to have me removed from the house in which I am now living. I have never written any letter to Mr W. L. Simpson requesting him to deal with my affairs in the place of A. H. V. King, and I do not desire that W. L. Simpson should act for me."
Mr Sim said there was also the affidavit of Dr Riley: I was present at the residence of Thomas Keenan, at Forbury road, St. Clair, on Thursday, the 16th day of September, 1904, and saw the said Thomas Keenan sign and swear an affidavit, a copy whereof is here unto annexed. The only persons present on that occasion were the said Thomas Keenan, Mr William Downie Stewart, of Dunedin (solicitor), Mr Glaister (clerk in the employ of Messrs Mondy, Sim, and Stephens), and myself (this deponent). The said William Downie Stewart read and explained to the said Thomas Keenan the contents of the said affidavit, and after he had done so I myself asked the said Thomas Keenan several questions bearing on the truth of the said statements. In my opinion the said Thomas Keenan is of sufficient intelligence to understand, and did fully understand, the meaning and purport of the contents of the said affidavit. I have never acted or been consulted in connection with the case of the said Thomas Keenan, and until my arrival at his residence this morning did not know for what purpose I was required there.
Then there was the affidavit of Dr Church, and in it he said:
"For some months past I have attended the above-named Thomas Keenan as his medical adviser. He is suffering from paralysis, and is also affected by internal troubles, but, though physically weak, he has always appeared to me to be quite sound in mind and fit to understand his own affairs. On many of the occasions on which I have visited the said Thomas Keenan he has volunteered to me the statement that he was perfectly satisfied with the comfort and attention which he received at the hands of the servants, and with Mr King's management of his affairs generally. In my visits to the said Thomas Keenan I have always found the arrangements for his comfort and welfare complete, and such as ought to be made for an invalid in his condition. In company with Dr Colquhoun and Dr Roberts I yesterdav morning visited the said Thomas Keenan. He again expressed himself as satisfied with his surroundings and his affairs, and stated that he was annoyed to hear of the proceedings which had been instituted against Mr King. In my opinion the appearance in court of the said Thomas Keenan would be harmful to him — probably to a serious etxent."
Dr Roberts also made an affidavit, in which he said that on the 17th April he was at a consultation with Drs Church and Brugh on the case, also again on the 14th September. Keenan expressed himself as satisfied with his surroundings and affairs, and stated, that as was annoyed to hear of the proceedings instituted against Mr King to have him removed. Dr Roberts added: "In my opinion, Keenan's appearance in court would be harmful to him, probably to a serious extent." Dr Colquhoun also made an affidavit to the same effect. Then there was King's own affidavit, as follows:
"I do not illegally restrain or control the said Thomas Keenan, nor have I ever done so or attempted to do so; and he has always acted of his free will, without pressure or influence from me or from anyone on my behalf. I am willing that the body of the said Thomas Keenan should be brought up before this honorable Court, but I am advised by his medical advisers, and believe that it would be dangerous to his health to have him removed from the house where he now is, and he himself has requested me on no account to allow him to be removed. While expressing my willingness to produce the body of the said Thomas Keenan, and to submit to such an order as this honorable Court should deem meet, I nevertheless deny many of the statements and all the charges against myself contained in the said affidavits sworn and filed herein. I admit that I have, at the request of the said Thomas Keenan, removed moneys from the Bank of New South Wales to the Union Bank of Australia, Limited; and only on Wednesday last I was requested by him to remove further sums and place them in the Union Bank of Australia. I am in a position to give a statement showing the position of the said Thomas Keenan's financial affairs, but I have been repeatedly requested by him not to do so, and particularly not to divulge to his relatives or to any person claiming to be a relative of his or to any priest of the Roman Catholic Church anything whatever concerning his business. I have from time to time furnished the said Thomas Keenan with statements of his financial position. In the month of March, 1903, the said Thomas Keenan executed a will as alleged in the affidavit of Patrick O'Dea, sworn and filed herein, and that I was appointed the executor thereof. On the occasion of the making of the said will the said Patrick O'Dea desired the said Thomas Keenan to leave £I,000 to the Roman Catholic Church, which the said Thomas Keenan promptly refused to do. The said Patrick O'Dea then requested that the sum of £500 should be so left, and on again receiving a refusal he asked for half that amount, when the said Thomas Keenan said 'that would be left to Mr King to see to.' The said Patrick O'Dea then urged the said Thomas Keenan to leave £50 to the church for 'masses for the repose of his soul,' whereupon the latter turned to me and requested me not to give anything to the church, or any further information to the priest, and to be very careful of him. In the month of February, 1904, I left St. Bathans, and went to Wellington, where I remained for about ten days, and I came to Dunedin, where I have resided ever since. In the month of March, 1904, Dr. Brugh, of St. Bathans, wired to me in Wellington informing me that the said Thomas Keenan desired me to return at once to St. Bathans to look after his affairs. I returned to St. Bathans and saw the said Thomas Keenan, who requested me to have him removed to Dunedin, and to get the best doctors there to attend to him. It is true that the said Thomas Keenan was removed in a carrier's covered waggon, which was the best class of vehicle in the district that could be obtained for the purpose, and was specially fitted up with every forethought for the convenience and comfort of the said Thomas Keenan. This method of carriage was adopted, at his own request, to secure privacy. When the railway was reached the said Thomas Keenan was removed to a special invalid's carriage, and brought to Dunedin in company with Dr Brugh, three attendants, and myself. Since his arrival in Dunedin the said Thomas Keenan has lived in a house at Forbury road, St. Clair, and has been attended by three men-servants, named W. Dean, A. McPherson, and S. Brown. These men were engaged at the request of the said Thomas Keenan's medical attendants, who have always given satisfactory reports to me of the services rendered by the said men. The said Thomas Keenan has never informed me, and I do not believe, that the said attendants have ever ill-treated him or acted harshly towards him in any way. If they have done so it is without my knowledge or consent. I deny that I ever asserted that my wife was interested under the will of the said Thomas Keenan, but I decline to state whether she is or is not interested, or to say who is or is not interested under his said will, since I have been repeatedly requested by him not to do so."
Mr Sim remarked, as to King's reference to the Catholic Church, that that might account for a great deal of what had been done in this case. It was quite clear from the affidavits that this application was not only made without Keenan's request and authority, but against his desire. He therefore submitted, on the authority of the cases bearing on the point, that the application must be refused. The cases wiee in re Parker (5 M. and W.. 32), ex parte Child (15 C.B.. 258), in re Christii (7, N.Z.L.R., 361), in re Winiata Parata (O.B. and F., S.C.. 31), and the Hottentot Venus (13 East. 195). From these authorities it would be seen that conspiracy must be shown and Mr Fraser would hardly suggest conspiracy between Mr Downie Stewart, who took Keenan's affidavit, and the doctors; also that Keenan was incapable of managing his own affairs, which likewise was against the direct statements of the affidavits; and he (Mr Sim) further submitted that there was a lack of the necessary authority from the person concerned.
Mr Fraser: I suggest, that he is helpless.
Mr Sim: Physically helpless, because stricken with paralysis, but that was not sufficient for habeas corpus. The question was whether he is being detained against his consent, and there was direct evidence negativing that. It was clear that Keenan was content to remain where he was. Mr King, however, would submit himself for interrogation if the Court so directed.
His Honor: The medical affidavits seem to show that it would be very bad for Keenan to bring him here.
Mr Sim: The other side do not seem to know what they want. It looks like a struggle to get what they can out of his estate before he dies. . . . And what, is the court going to do if it gets Keenan here? Keenan has put on affidavit what he wants, and unless it be suggested that that affidavit was obtained by coercion the Court cannot get more from him. I submit that from every point of view the application is an ill-advised one, and should be discharged.
Mr Fraser said that he intended to adopt a course which he felt sure would commend itself to the Court. He did not desire to import anything into the case in the nature of personal feeling, and he wished to avoid incrimination of any kind. He regretted that his learned friend had exceeded his duty in referring in terms to two deponents in favor of Mary Kilgarriffs application. He (Mr Fraser) referred to Father Murphy und Father O'Dea. His learned friend knew from the affidavits that the Roman Catholic Church had nothing to gain from an application of this kind. The contents of the will, Mr Sim knew very well, were sworn to by Father O'Dea.
Mr Sim: The Church can make another will.
Mr Fraser: The Church does not condescend to such a thing. It was to be regretted that such things should be said about two clergymen.
His Honor said that the only ground for the suggestion was the affidavit of King.
Mr Sim: Does my friend suggest that if the man had been a pauper we would have had such an application?
Mr Fraser: Had he been a pauper he would not have been in the custody of King.
His Honor: I understand the application is made by the relative, Mrs Kilgarriff.
Mr Sim: Brought out from Ireland by the Church.
Mr Fraser: How improper. Mrs Kilgarriff has only been here a short time. She is the only relative of Keenan in the colony. She is practically a peasant from Ireland, and has only been here four weeks.
Mr Sim: Who paid her passage out?
Mr Fraser said that she paid it herself out of her scanty means. She was now practically penniless, and was discharging a duty which she considered due to her brother. Before referring to the affidavits he would preface his remarks by saying that all the affidavits were made by absolutely independent persons, saving so far as this: it might be suggested, and properly suggested, that there was a danger of this man under coercion (if there was coercion) making another will defeating the first will, and benefiting King. The fact was almost admitted that there was a second will.
Mr Sim: There is no suggestion.
Mr Fraser: I read it so.
His Honor said that he could see from what Mr Fraser drew his deduction, Father O'Dea said that in the will which was read over in his presence Keenan specified the beneficiaries. King, in his affidavit, spoke of that will, but also said he declined to say whether his wife was interested. His Honor supposed that Mr Fraser's deduction was that there might be some will in which King was interested.
Mr Sim: So far as King knows, there is no such will.
Mr Fraser said that he would read the affidavits. The first was from James Kennedy, of St. Bathans, police constable, who said, among other things:
"Keenan was attended by three station hands — James Dehan, Samuel Brown, and McPherson — none of whom, as far as I know, had any previous experience of nursing, although I was informed they were paid at the rate of 10s a day. Before the illness Keenan was an extremely careful man in his expenditure, and very shrewd and capable in business."
The Rev. Father O'Dea, living at Opbir, said, in the course of his affidavit:
"Thomas Keenan requested me to ask King, then manager of the Bank of New South Wales, St. Bathans, to come with me to him in order to settle his affairs and make his will. To the best of my recollection, when King and reached Keenan's house, King went into Keenan's bedroom and had a private conversation with him. When King came out from the bedroom he told me that Keenan wanted only his name in the will as executor. King wrote the will in my presence, in which will he appointed himself sole executor and secretary. King was sole trustee under the will, and by it a legacy of £3,000 was given to each three brothers, and a legacy of £3,000 each to two sisters, and a legacy of £1,000 to Hilda Stewart, of Auckland, and residue equally divided between the legatees. Keenan has complained to me repeatedly that he was ill-treated by the servants. On one occasion, while complaining to me — I think it was re food — Dehan rushed into Keenan's bedroom in my presence, and with an air of authority asked Keenan what he was saying, and when Dehan went out Keenan said that he would suffer that night for making any such complaint. On another occasion Brown rushed into the bedroom and asked Keenan what he was saying and Keenan through fear replied that he was telling me how kind they (his servants) were to him, or some such excuse. During the twelve months or more that I was visiting Keenan he complained to me repeatedly that he was ill-treated and badly looked after by his servants, and that he had no knowledge of what was being done with his money, and was never shown his accounts. I have reason to believe that my visits to Keenan were distasteful to King, from whom I received a most impertinent letter, reprimanding and accusing me of disturbing Keenan, etc. I am informed and believe that King has asserted that his wife is interested under the will of Keenan."
Then there was Father Murphy's affidavit, which read:
"On the twenty-eighth dav of May, one thousand nine hundred and four at the request of Father O'Dea, of Ophir, I first visited the above-named Thomas Keenan, after having had great trouble in discovering the whereabouts of the said Thomas Keenan, who, I found, was living in Forbury road. On the twenty-seventh day of May I called on Alfred Henry Vernon King, and expressed my surprise at his conduct in not having sent me word when he brought the said Thomas Keenan to Dunedin, as the said Thomas Keenan might have died without the rites of the church. To which, he replied that when he saw the need of sending for a priest he would do so, and I told him that he was not the judge of that, and that, if I was denied access, I would take further steps. Subsequently he agreed to allow me to visit the said Thomas Keenan, and gave me an order in the words and to tho effect, following 'Dunedin, 28/5/04 The Nurses.-Please allow Rev. Father Murphy to see Mr Keenan.—A. H. Vernon King.' After giving me the said order the said Alfred Henry Vernon King accompanied me to a cottage, situated in Forbury road aforesaid, where the said Thomas Keenan was then living, and whilst walking out there with the said Alfred Henry Vernon King, the latter, in the course of conversation, remarked that Keenan had the greatest confidence in him, and that he had complete control of his affairs. At his request I remained outside, and the said Alfred Henry Vernon King went inside, but returned a few mintes afterwards, and said that the said Thomas Keenan was not in a fit condition to be seen. It was then arranged that I should visit the said Thomas Keenan at 11 a.m. on the following morning. On the 23th of May, in accordance with the aforesaid arrangement, I visited the said Thomas Keenan, and after administering the rites of the Church, I asked him if he was well treated, and that I supposed Mr King was kind to him, to which he replied that Mr King had not been near him for a good many days. He complained that the said Alfred Henry Vernon King did not accompany me on my visit, and he added that the said Alfred Henry Vernon King always avoided coming into his presence when anyone else was there, lest he, the said Thomas Keenan, should speak to him about a settlement of his affairs in the presence of a possible witness, and that the said Thomas Keenan had been unable to obtain a statement from the said Alfred Henry Vernon King of the sale of his stock. I then suggested that I should again visit him on the following Monday, when I would see him in the presence of the said Alfred Henry Vernon King. I accordingly left word with one of the attendants living with the said Thomas Keenan that I desired to meet Mr King at Mr Keenan's house on the 31st of May, at eleven o'clock in the forenoon, and I also sent a message to the same effect to the said Alfred Henry Vernon King by the latter's wife. I accordingly attended at the house of the said Thomas Keenan on the 31st of May, and after waiting some hours, and the said Alfred Henry Vernon King not appearing, the said Thomas Keenan became impatient, and I suggested that he should consult a solicitor, to which he agreed. I further told the said Thomas Keenan that I ha,d heard that he had given the said Alfred Henry Vernon King a power of attorney. This the said Thomas Keenan denied, but stated that when he fell ill he had asked the said Alfred Henry Vernon King to look after his affairs for him, intending to pay him for his trouble, but he had given no written authority. I then left the house and went to Mr Calkin, a solicitor, and returned with him to the said Thomas Keenan's house, but was then refused admittance by one of the attendants, who produced a letter written by Dr Brugh, of St. Bathans. On the same evening the said Alfred Henry Vernon King called upon me and complained that I had been prying into Mr Keenan's business affairs. I replied that I had not done so, and reminded him that I had sought to see him in Keenan's presence at the latter's request, but that he had avoided the meeting. I further told him that Mr Keenan denied having given him a power of attorney. To this Mr King made no reply. I further said that it was Mr Keenan's desire that he (King) should furnish accounts and have same checked. The said Alfred Henry Vernon King replied that he had the best counsel in Dunedin, and was going according to his instructions. On several occasions the said Thomas Keenan has stated that he would like to have Mr W. L. Simpson in charge of his. affairs. On or about the 9th of June I asked Mr Keenan, in the presence of Dr Church, his medical attendant, if it was not his expressed wish that Mr W. L. Simpson should be called in to look after his affairs. The said Thomas Keenan replied that it was. Dr Church then said that he was in a difficult position, as he was there as Keenan's physician, but that he (Dr Church) did not prevent anyone having access to him. On the 11th of June I received a letter from the said Alfred Henry Vernon King, of which the following is a copy: — Dunedin, 11th June, 1904. Rev. Father Murphy, Rattray street, Dunedin: Reverend sir, — Your recent visits to Mr Keenan have had such a disturbing effect on him that he does not wish you or any other priest to visit him unless sent for. You will be good enough, therefore, to discontinue your visits, and thus avoid the unpleasantness of being refused admission to the house. If at any time Mr Keenan expresses any desire to see you, word will be sent to you at once. — Yours faithfully, A. H. Vernon King. I discontinued visiting the said Thomas Keenan until the latter end of July, when I walked into the house without knocking and administered the rites of the Church. I then showed him the letter I had received, of the eleventh of June, from the said Alfred Henry Vernon King, and he denied all knowledge of it. I have not seen him since. The said Thomas Keenan is apparently in dread of his attendants. He has on occasions complained to me that they did not treat him kindly, and when speaking to me on the subject always lowered his voice to avoid being overheard, and at the same time warned me not to speak loudly lest they heard me. The impression I received was that the said Thomas Keenan was under the dominion and control of the said Alfred Henry Vernon King, and was afraid of him."
The next affidavit was from a gentleman who was acidentally brought into the case. He referred to Mr W. L. Simpson, who, in his affidavit, said, among other things: —
On the 21st of June I received the following letter: — 'Mr W. L. Simpson, — I have requested Father Murphy several times to ask you to come and see me, and now I have asked Miss Stewart to write this for me to sign. I am very anxious to see you and have a talk about my affairs. Mr Vernon King has had control of them for some time past, as I have been unable to attend to them myself. It is my desire to remove them from his control, and place them under other management, and as I have known you for many years I should like your company to take the management of them. Will you kindly, therefore, call upon me on receipt of this letter. The bearer, Miss Stewart, will give you my address. — Thos. Keenan.' In consequence of the above letter I visited the house, but was refused admission by a man who informed me that I could not obtain access to Keenan without an authority from Mr King. I then wrote on the 28th June to Mondy, Sim. and Stephens as follows: — 'Referring to my conversation with your Mr Sim to-day, I now enclose a copy of a letter I received from Messrs Callan and Gallaway in reference to Mr Thomas Keenan's case. On the 27th of June I received a letter from Messrs Gallon and Gallaway, who, in the course of their letter, said it must be obvious, if the facts are correct, the conduct of Mr King in preventing you from seeing Keenan, notwithstanding his repeated and earnest desire that you should visit him, is directly calculated to seriously agitate and increase his illness.' On the 1st. of July Messrs Mondy, Sim, and Stephens wrote: 'Mr King is quite willing that you should visit Mr Keenan, and he has arranged with Dr Church to let you know when it will be proper, having regard to Mr Keenan's health, for you to see him.' The following day Mr King called upon me, and when I showed him the letter of the 21st June he denied that it was Keenan's signature, but said that I could see Mr Keenan later in the presence of Dr Church when the latter decided that Keenan was in a fit state to see me. I visited the house a few days later in the company of Dr Church, and saw Keenan, in the latter's presence for part of the time. Keenan specially requested me to remain with him when Dr Church was leaving, as he wished a private conversation with me on business. I showed Keenan the letter of the 21st of June, and he admitted that it was signed by him, and he urged me to obtain from King a statement of his dealings with his affairs. Keenan complained that he could not get a statement of accounts from King. I stated that I understood that he had given King a power of attorney to manage his business, and I could not interfere until that was revoked, and Keenan then stated that he had signed a paper, but did not know if it was power of attorney or not. I replied that I would endeavor to get a statement of account for him, and I went personally to Mr Sim, who promised to obtain same. Mr Sim did not succeed in getting King to furnish the statement asked for, so I wrote Mr Keenan a letter explaining the position. Keenan sent in a message of thanks, and the bearer of the message gave me to understand that Keenan was afraid of the consequences if he acted on my advice."
That affidavit, he (Mr Fraser) submitted, was a most important one. It showed many things. It showed, in the first place, an almost direct contradiction of King's statement that he rendered accounts from time to time, because if he did so it was incredible that his solicitor would not have known and would not have conveyed that information to Mr Simpson, who had urged for accounts, and asked for these accounts in such plain terms that he (Mr Fraser) respectfully suggested to the Court that no man with any regard for his reputation would not have declined to have given them. Asked by his solicitor, urged by his solicitor — but silence. Well, he (Mr Fraser) thought that the inference was not a difficult one to draw.
The next affidavit was from Mary Kilgarriff, who said, inter alia:
"Before leaving Ireland I received three letters from King, the following are copies: — 'St. Bathans, 2nd July, 1903. — Mrs Kilgarriff, Galway,— Your letter of 8th May duly to hand. Your brother was very pleased to hear from you. I regret to state that he is seriously ill, and there is not the slightest chance of his recovery, through having had a bad stroke of paralysis on the left side since the 17th March last, although every attention and comfort is bestowed upon him by the doctor, nurses, and myself. I am an old friend of your brother's, and at his request I am in charge of the whole of his affairs, so any correspondence or information you require please communicate with me, as your brother is quite incapable of reading a letter, owing to the nature of his complaint, and nobody is allowed to see him except those in charge. Some time ago I tried to ascertain the whereabouts of his brother John, but up to the present time I have heard nothing definite, the only news being from yourself. You might please let me have his address, and try and put me in the way of finding Michael. I am trying to find Mark in Australia, and will let you know the result. I want you to kindly give me what information you can about all the family, not forgetting your father, and mother; if dead, when and how long ago they died, and where they died. Your letter is the only one your brother Thomas has received since he left Home from any of the family, so he knew absolutely nothing about the family's movements. Your brother sends his best wishes and love to yourself and family.—A. H. Vernon King.' 'St. Bathans, 12th December, 1903.— Mrs Mary Kilgarriff, Galway, I beg to thank you for your letter, also photo. I have received the letter and shown the photo to your brother, but owing to his weak state of health and intellect the poor fellow scarcely took any notice of them, simply saying that be did not remember you from your photo, and therefore could not say whether it was like you or not. I regret there is no photo of his amongst his papers, or I would send one to you. The doctor still reports him in a sinking state of illness of the very worst type, and there are no wgns of improvement. To make matters worse, he recently contracted rupture through the weakness of his organs. He has now been confined to his bed for over eight months, and during the whole of that period his sufferings have been continual and most painful. The last week or two he has been very much quieter, weaker, and not so much pain, the doctor and myself visit him daily and we see that be wants for nothing that mortal man can give him to relieve his sufferings, so you can rest assured that he is well looked after, in fact he could not be better attended to. I have three men, servants or nurses, looking after him night and day. His heart is very weak, and no one but those attending him are allowed to see H. Vernon King.' 'St Bathans, 4th April, 1904. — Mrs Mary Kilgarriff, Ireland, — I duly received your letter, the contents of which was read to your brother, who wished to be remembered to you. I regret to state that his health is much about the same as when I last wrote you, and he still requires the same amount of attention. However, he is quite resigned to his fate. The doctor reports his heart much weaker, which cannot be expected otherwise, owing to being confined to his bed for such a period. The whole of his left side, from shoulder to foot, is still completely paralysed, and there is no hope of him ever again regaining the use of his limbs. I regret the poor fellow fakes but little interest in anything, and he is not improving in this direction. It is needless for me to say that I am doing all I possibly can in the way of looking after his comforts as well as his affairs, and if he were my own brother I could not do more than I am for him, so you can rest assured that he is well looked after. You might please drop me a few lines on receipt of this, so that I can convey them to him. — A. H. Vernon King.' I went out to my brother. He warned me not to speak loudly lest the attendants should hear. He said: 'Let them not hear you; they will ill-use me.' He appeared to be in dread of them, and when I left he cried, and said he would have a lonesome night. Whenever I spoke to my brother I always noticed that one or other of the attendants was endeavoring to listen. On another occasion I mentioned King's name to my brother. I said I heard he was buying gold, and he replied 'Yes, with my money.' My brother is evidently afraid of the three men, and I believe he is kept isolated from his friends, and practically under the absolute control of King. I believe that my brother possessed of from £25,000 to £55,000, and that King has been operating freely on my brother's bank account."
Then there came Hilda Stewart's affidavit. She said:
"On numerous occasions Keenan has told me that he was in the power of King, that he had never received any statement of account, and that he was afraid of King, and felt perfectly helpless, and unable to protect himself."
Those were the affidavits. He (Mr Fraser) asked that King present himself for cross-examination at two o'clock.
Mr Sim: It is not a bona fide application for habeas corpus. It is an application to review King's management.
Mr Fraser: No; it is not. I challenge my learned friend to put King in the box for a quarter of an hour.
Mr Sim said that if His Honor thought it necessary, King would be cross-examined, but he objected to the application being converted into a suit to review King's supervision of Keenan's affairs. The question was whether the man was being detained against his consent or not.
His Honor: I think these persons must be cross-examined.
Mr Sim: Well, then, let us begin at the beginning with Father Murphy, who is at the bottom of this whole business.
His Honor: I don't think that. Nothing in the affidavits suggest that.
Mr Fraser: It is an improper suggestion.
Mr Sim: I shall establish it by cross-examination.
His Honor: If you wish it you can cross-examine Father Murphy.
Mr Sim: Very well.
His Honor: King is the principal person. I think it would be as well to produce him this afternoon.
Mr Sim: Let us have them all. I will cross-examine Miss Stewart, for instance. I would suggest that we have some independent doctor, and let him report.
Mr Fraser: I will make some suggestion about that later on. I want to cross-examine.
King and other witnesses were ordered to be present in the afternoon, and the Court then adjourned for lunch.
His Honor returned to the bench at two o'clock, when
Mr Fraser addressed the Court. Summarising the affidavits filed by the defendant, he said that here there was a man advanced in years (upwards of seventy), who prior to seizure had been a man of keenly active and careful habits of business, and after seizure he was presented to the Court by the affidavits on both sides as a man necessarily bed-ridden by reason of his ailments, and mentally weakened. His condition might be described as facile — a condition which very often followed on the ailment which Thomas Keenan suffered. Those who made the affidavits all deposed to the effect that he expressed himself as being in dread of action — whatever that action might be — by Vernon King, in the event of complaints made by Keenan to the attendants. It would be well to remember the conditions under which the attendance was provided for him. Three station hands were found for him by Vernon King. They were paid at the rate of £5 10s a week and found. He would not comment on that amount further than by saying that it was a very full and very adequate remuneration for the work that they could perform.
Mr Sim: Do you know what the work is?
Mr Fraser: I am quite aware of the nature of the work of attending upon a paralytic patient.
His Honor: I suppose you mean, Mr Fraser, that these people were not skilled persons?
Mr Fraser (making a gesture of assent): And that their interests are in Vernon King.
His Honor: They have a softer thing in attendance on Keenan than as station hands.
Mr Fraser: The point to be determined is the conditions under which Thomas Keenan now is — that is, whether he is under such control and restraint as is alleged by the affidavit. Many other points of evidence really affect that issue. I will endeavor to narrow them hereafter as much as I possibly can. But there are certainly one or two uncontradicted features of the case that call for, at any rate, comment. First, that it is apparently Vernon King and not a medical attendant who controls the admission.
Mr Sim asked if it would not be better to get the evidence first.
Mr Fraser said he did not propose to address the Court again, and he thought it was better to finish what he had to say then and proceed with the examinations later.
His Honor: Very well.
Mr Fraser, continuing, said that of course it might be that Keenan's physical condition was such that admission to him must be very guardedly made, because it might injure him. Dr Church's affidavit seemed indicative of that suggestion. The evidence showed that he admitted nearly every person who applied to him after more or less delay. The matter of interest on the part of King was clear. If it was suggested that he was controlling the entire disposition of this man's funds without check or supervision, it was obviously to his interest at least that that condition of things should remain so long as there were any funds to control; and it was evident from the affidavits that he had read in the morning that Vernon King was extremely reluctant to render anything of an account of his stewardship even on his solicitor's advice; because his bona fides were plainly challenged, and he was recommended to render an account, and did not do so. Then, as to the affidavits filed in reply. First came the affidavit of Thomas Keenan himself, which, he might say, he anticipated. The conditions under which that affidavit was presented to the Court were somewhat peculiar. He anticipated that something would take place such as had taken place. He desired His Honor to note that the affidavit was taken prepared from Mondy, Sim, and Stephens's office to Keenan's house — drawn under whose instructions? Vernon King's, of course. It was taken to Keenan, apparently, by Dr Riley and clerk from the solicitor's office, and Mr W. Downie Stewart, a solicitor of that honorable Court. Let two things be noted. In the first place, Dr Riley was absolutely a stranger to all the circumstances. He did not know why he was required there. Why was this? Was it fair to Dr Riley that he should be kept in ignorance of the fact that this man was supposed to he captive and restrained, far he, as a student of medical jurisprudence, would have known what course to adopt if he had been told. But, instead of that, the affidavit was given to Keenan to sign, and after that the doctor asked him several questions as to the truth of the statements in it. Now, if this man was facile and under the impression that he was dominated by Vernon King or his people, he would believe that the others were there in Vernon King's interest, and not as friends. Because of that he never took them into his confidence, and he would know that the attendants were within earshot, and they might hear Vernon King in the near vicinity.
[The rest of our report is unavoidably held over.] -Evening Star, 16/9/1904.
Dunedin Notes
A case that is exciting much comment and interest in Dunedin at the present hour is now being heard before Mr Justice Williams in the Supreme Court. It is an application for a writ of haebas corpus, the first, it is stated, since 1804. Mr J. F. M. Fraser, the Crown Prosecutor, on behalf of certain parties, is asking that the body of Thomas Keenan of St. Bathans, now lying sick in bed in a four-roomed cottage at Forbury, be given up. In other words it is alleged that Keenan, who is over seventy years of age and a very wealthy man, is being restrained by interested parties from using his own mind in relation to his business affairs. A former bank manager in St. Bathans is indirectly charged with having obtained a power of attorney from Keenan, using large sums of money to his own advantage and keeping away all parties likely to upset his management of the estate. Three men — not professional nurses, but workers on a station or something of the kind — are engaged as nurses at £3 10s each a week and found, the allegation being that this large wage is paid in order that these three nurses should spy on the old man and keep off all not-wanted visitors.
The judge viewed the matter very seriously and although he has expressed his intention of personally paying a visit to the sick man there is reason to believe that something serious will arise out of the proceedings. What strikes an outsider, however, is this. Here we have an ignorant man, destitute practically of any friends and relatives — he is a stranger of many years to the latter — old, sick and possibly dying, who somehow or another has been fortunate in making money — it is said to be in the neighbourhood of £30,000. Was there ever a grimmer satire on the inappropriateness of things? His money is an absolute curse. Without it he would have been comfortably housed in the Benevolent institution. With it he is surrounded by a gang whose only interest in him is that he has piles of filthy lucre. I should like to say more but as the case is still unsettled dare not. Read it for yourself. -Lake Wakatip Mail, 23/9/1904.
The three gentlemen appointed by the Supreme Court to visit Thomas Keenan at Forbury road have been out, but have not yet reported to the Court. -Evening Star, 23/9/1904.
Our Dunedin Letter
The mystery of Thomas Keenan still remains unexplained. The case came up in the court on Monday, when Drs Riley and Colquhoun were examined. The former stated that had he known that there was a charge of domination he would have made a more careful examination and questioned Keenan by himself. His affidavit was read out clause by clause and he agreed to its correctness. He stated he asked Keenan if he had written to Mr Simpson and got a vague reply. Keenan saying "I do not wish Mr Simpson to know anything of my affairs, one man is enough." Mr Downie Stewart also gave evidence regarding Keenan's affidavit. He stated he replied to his questions very intelligently. Regarding letter to Simpson, witness said to Keenan: This affidavit reads, "I did not write the letter to Mr Simpson," and Keenan replied, "Yes; that's correct." Keenan said very distinctly to Dr Riley that he (Keenan) had not written to Mr Simpson. Dr Colquhoun stated inter alia Keenan was subject to emotional fits, and witness would describe his mental condition as facile. Where a man's powers were so weakened he would be likely to give in under domination, and that domination would be impossible to detect by a mere superficial examination. Witness felt certain there was more behind the case than he knew. Finally His Honor agreed that Mr John Roberts, Mr Johnstone (of Messrs Wright, Stephenson and Co.), and Mr Barron, Commissioner of Crown Lands, should visit Keenan and interrogate him; only the Registrar of the Court and a medical man to be present. -Bruce Herald, 27/9/1904.
A Man and His Money
Per United Press Association
DUNEDIN, Oct. 10. Thomas Keenan has himself appointed Messrs John. Roberts and J. A. Johnstone (Wright; Stephenson and Co.) as his attorneys in place of Vernon King. The new attorneys have discharged the previous attendants, replacing them by two trained men nurses. The Star presumes that if the above is correct, proceedings for habeas corpus will lapse, since the person alleged to be detained is no longer under the control of King. The charge laid against King arises out of his power of attorney to act for Keenan. The document was signed by means of a mark It is alleged that the man who was put forward as witnessing the signature states that he did not see it made and did not sign it. -Southland Times, 11/10/1904.
A. H. V. KING AT THE POLICE COURT.
At the City Police Court on Saturday morning, before Messrs Duthie and M. Fraer, J.P.s,
Alfred Henry Vernon King, for whom Mr Sim appeared, was charged with — "That he did make a certain false document — to wit, a power of attorney, bearing date the first day of May, 1903, purporting to be made and executed by one Thomas Keenan, of St. Bathans. runholder, to and in favour of the said Alfred Henry Vernon King, and to be attested by one John Ashmore, of St. Bathans, shepherd, then well knowing the said document to be false, with the intention that the said false, document should be acted upon as genuine."
Sub-inspector Green asked for a remand until Thursday next, so that the case could be heard before a stipendiary magistrate.
The accused was remanded to appear on Thursday next, bail being allowed as before — viz., accused in his own recognisance of £500, and two sureties of £250 each. -Otago Witness, 12/10/1904.
THE KEENAN CASE.
CHARGE AGAINST VERNON KING.
[BY TELEGRAPH — PRESS ASSOCIATION] DUNEDIN, 13th October. At the Police Court to-day the charge against A. H. Vernon King of having prepared a document purporting to be a power of attorney to act for Thomas Keenan was called on.
Ashmore, whose name appeared on the power of attorney, denied having ever signed it. He had not seen Keenan after April, while the document purported to have been made in May. King had on one occasion called him into a bank and got him to give his signature. This was written on a blank page, except that there were the names of two other men on it.
The Court went out to the house where Keenan is staying, and took his evidence. He denied having given King power of attorney, and said he had never put his mark to a document. He could always write a fair hand. He had signed a document for John Roberts and J. A. Johnstone, but did not think it was a power of attorney.
The hearing of the case was adjourned till Saturday. -Evening Post, 14/10/1904.
A STRANGE CASE.
A Glimpse into the Middle Ages.
THE courts in Dnnedin are just now engaged in the investigation of a case possessing extraordinary features. In reading the particulars disclosed by the evidence of the chief persons concerned, one is tempted to ask: "Is this the Twentieth Century, and is this the land of progress, individual liberty, and Seddon? or have we, by the operation of H. G. Wells's Time Machine or some other cantrip means, been transported to the Dark Ages. Certainly, the facts, to say nothing of the allegations, in the strange case of Thomas Keenan smack of the days when dungeons beneath the castle keeps were quite common, and when the soil of Europe was overridden by scowling myrmidons of the Fehm Gericht.
Thomas Keenan, the central figure in the story, is an old man, paralysed and apparently approaching his dotage. For many years be lived near St. Bathans, in the interior of the Otago province, and made a considerable sum of money as a squatter — anything, it would appear, up to £25,000. At St. Bathans there also used to live one Alfred Henry Vernon King, who occupied the position of manager of the branch of the Bank of New South Wales at that place. It may be presumed that there were intimate business relations between the two, and that these relations grew into friendship, and ripened into the most perfect confidence. There would be nothing strange in that. Nor does it make any extraordinary demand upon our credulity to be asked to believe that when Keenan was stricken down with paralysis, and rendered physically and mentally unfit to attend to his own business affairs, he should have constituted King his agent and invested him with power of attorney.
Such things occur every day. But what does not happen so often is this; that King (who seems to have retired from the Bank about the same time) should remove Keenan to St. Clair — a suburb of Dunedin— and there virtually immure him in a house closely guarded by three muscular persons, brought down from St. Bathan's for the purpose of acting solely under the orders of King. While these human watch dogs, engaged at 10s a day each, were frustrating every attempt on the part of Keenan's sister and friends to see him, King was operating on Keenan's banking account. The sister had come out from Ireland purposely to look after her brother, and she managed to get an interview with him, but he appeared to be in fear of some influence, and especially of the three guards, and she could get no satisfactory information out of him.
She therefore, appealed to the Supreme Court. Her testimony was backed up by that of several friends, and two or three Catholic priests, who had been subjected to similar treatment, and Mr Justice Williams ordered the fullest inquiry to be made. The facts as alleged were practically admitted by King, who, however, denied that he had appropriated any of Keenan's money to his own purposes. He also swore that Keenan had urged him to keep the priests away, and not to divulge information about his financial affairs to anybody. An affadavit purporting to be Keenan's bore out King's statements, but Judge Williams refused to believe that this document expressed the truth. The Judge accepted a suggestion made by Mr Fraser, who appeared for Keenan's sister, that two independent persons, if possible old friends of Keenan, should interview him with a view to shedding light on the dark business.
So the matter rested until the end of last week. The two friends had in the meantime visited Keenan, and though their report has not yet been made public, an idea of its purport may be gathered from the fact that King has been arrested on charges of fraud and forgery. The power-of-attorney which King alleged was given to him by Keenan is now declared to be a forgery. Keenan denies having drawn the- instrument, and one Ashmore, whose name appears as witness, declares that he never signed it. The case now stands adjourned, and further developments may occur.
But whatever the ultimate result may be, the case, as we have it, or that portion of it that is apparently not susceptible of modification, reads more like a novel than a plain statement of facts happening in the prosaic purlieus of Dunedin. That a man, and a rich man, should be stealthily brought down from the country and lodged in a suburban house and guarded by men, unauthorised by the law, so vigilantly as to inspire the utmost fear in the object of their care is most extraordinary. More wonderful still, perhaps, is the daring displayed by a man who did all that King is alleged to have done. He may yet have a plausible explication to offer, but the exploit credited to him is endowed with all the features of a first-class buccaneering episode, such as might have happened two or three centuries ago, without exciting much comment, but which is a strange anomaly in these days. -Observer, 15/10/1904.
VERNON KING ACQUITTED.
Dunedin, November 23. The trial of Alfred Henry Vernon King on a charge of making a false document, purporting to be made by Thomas Keenan, was concluded today, when a verdict of not guilty was returned. It was shown that Keenan had declined the assistance of the manager of a neighboring station to manage his affairs, and who knew King was managing. Keenan had such confidence in King that he would not allow a sale of stock to go on till King was brought back from Wellington. The Judge, in summing up, said if there was a written authority for King to act, and there must have been from Keenan's own admission, what necessity could there be for King to forge a power of attorney? -Colonist, 24/11/1904.
Deaths
KEENAN—On June 26. at the Grand Pacific Hotel, St. Kilda, Dunedin, Thomas Keenan, sheep farmer, late of St. Bathans, Otago; aged 70 years. R.I.P. — Private interment.— Cole and Springer, undertakers. -Otago Daily Times, 28/6/1910.
PERSONAL
The late Mr Thomas Keenan, of Forbury road, formerly an up-country farmer, left £11,506. His property is left to three brothers, a sister, and a nephew, who are all in other parts of the world. -Evening Star, 13/8/1910.
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