Birth

Enlistment Information

Military Service

Embarkation Information

Military Awards

Death

Biographical Notes

Denis Kirby was born on 22 December 1883 at Timaru, the third son and fifth of the eleven children of Irish parents, John and Catherine (née Reardon) Kirby. He was baptised on 6 January 1884 at the Catholic Parish of Timaru. John Kirby and Catherine who married in 1877 in New Zealand, had seven sons and four daughters. Denis was probably educated at the local Catholic school, along with his siblings. He was admitted to the Marist Brothers School in 1890. The family lived in High Street. In January 1900, D. Kirby contributed to the Smithfield Freezing Works collection in connection with the South African War. The eldest son Patrick, who was very highly regarded in the Timaru Garrison Band (Corporal P. Kirby), died in December 1903 from the effects of an accident a year before. Denis and most of his siblings lived at home on High Street prior to marriage or enlistment, the boys all labourers, several of them at the Smithfield Freezing Works. While Denis dropped off the electoral rolls from about 1908, he was still in the area.

At the Timaru Magistrate’s Court on 8 June 1905, Denis Kirby, a young man, was charged with using obscene language in Barnard Street on the evening of June 1st. He pleaded guilty to this charge. To a second charge of refusing to leave the Queen’s Hotel when asked by the licensee to do so, he pleaded not guilty. Accused was fined 40s, with the alternative of 11 days hard labour on each charge. D. Kirby who was selected to represent Celtic in their football match on 12 July 1906 was probably Denis; J. Kirby in the emergencies was probably his brother John. A week later they represented Celtic 3rd grade. Denis kept up his representation throughout the season, featuring among the scorers and putting in a lot of good work for his club. He kept up his good play in the following season. In the match against Waimate – “Play then went up the field, and from a line-out D. Kirby got the ball and ran in near the corner. . . . . . . The Celts also possessed a superior back rank, and their win was a fairly easy one. D Kirby was the most prominent man in the team, and the remainder were fairly even, . . . . . . , while J. Kirby at full showed good promise of becoming a valuable member of the team.” “Celtic had an easy win over Waimate. . . . . . . D. Kirby is a brilliant man, and loses no ground in his running.” In their game against Pirates, “Kirby played a great game for Celtic and was responsible for most of the score. The Celts played in the first spell with the sun in their faces, and had a good deal the better of the game. The Pirate forwards held their own pretty well, but their short-handed back division was unable to withstand the attacks of Kirby, who scored two tries —one of them a fine effort.” In August, D. Kirby (Celtic) was chosen as a South Canterbury junior representative, and he was prominent in play. Early in the 1909 season, D. Kirby was selected to represent Celtic in the senior team.

Perhaps Denis was in the North Island in 1915. Denis/Dennis Kirby was a labourer in the Wairarapa in 1911 and 1914. Denis Kirby appeared in the Hastings Magistrate Court on 2 July 1915. “John Power and Denis Kirby were charged with committing a breach of the peace in Heretaunga Street, yesterday. Kirby pleaded guilty and Power not guilty. Daniel O Brien, police constable, deposed that at 2 p.m. yesterday he saw the two accused fighting on the footpath in Heretaunga street. . . . . . . The men had been drinking, but were by no means drunk. Power deposed that I he had not seen Kirby before until yesterday. Witness went to sit on the seat at the railway crossing, and the first thing he knew was to hear his name called out by Kirby, who came ever to witness and called him a --- mongrel and used other vile language. . . . . . He was not a fighting man. Had been convicted before for a breach of the peace. The information against Power was dismissed, the defendant Kirby being convicted and fined £2 and costs 2/-, or 14 days.” At a sitting of the Police Court (Marlborough) on 12 May 1917, “a man named Denis Kirby, with two previous convictions against him, was sentenced to one month’s imprisonment for being an idle and disorderly person and having no visible means of support and for begging in the streets of Havelock. On a further charge of insulting behaviour to the police he was convicted and ordered to come up for sentence when called upon.” Was this too, Denis of Timaru?

Five Kirby brothers of 58 High Street, Timaru were listed on the 1916-1917 Reserve Rolls – Timothy, Dennis, John, Daniel and Michael. In April 1917, Denis Kirby, a farm labourer, 58 High Street, Timaru, and his brother, Michael Kirby, a labourer, of the same address, were two of 358 names drawn in the ballot for the South Canterbury Military District to fill vacancies in the 30th Reinforcements. A Gazette Extraordinary, issued on 2nd inst. (the “Gazette” notice bearing the date of Wellington, June 19th), requires the following men in the South Canterbury Military District to present themselves to the Group Commanders in the respective districts on Thursday, 12th inst., at 10 a.m., for medical examination, failing which they will be liable to be tried and punished for desertion or absenting themselves without leave: — listed there in the newspaper with thirteen others with South canterbury addresses was Dennis Kirby, farm labourer, 58 High Street, Timaru. [Timaru Herald, 9 July 1917.]

A Warrant for Arrest under Military Service Act of Dennis Kirby, farm labourer, 58 High Street, Timaru, was issued by the Police Department, Wellington and preferred to the Superintendent of Police at Christchurch on 1 October 1917. Dennis Kirby did enlist on 4 October 1917 at Christchurch. He had been medically examined two days before. Standing at 6 feet and weighing 166 pounds, with a chest measurement of 35-38½ inches, he had a dark complexion, grey eyes and dark brown hair. His sight, hearing, colour vision, heart and lungs were all normal; his limbs and chest well formed. He was free from diseases and in good bodily and mental health. He had had no fits, no notification for consumption, no treatment in a sanatorium or mental institution, and no absence from work through ill health or accident. He bore a scar on his right knee from an axe wound. A labourer for Col. Skilton, Oxford, he gave 58 High Street Timaru as his home address. Single and Roman Catholic, he named his brother Daniel as next-of-kin – Mr D. Kirby, 58 High Street, Timaru.

Private Kirby was in camp by 5 October. He was posted to Featherston Details on 7 October 1917, then to the 33rd Reinforcements on 9 October, and back to Featherston Details on 28 November. Where was Denis thereafter? He deserted. In pursuance of section 8 of the Expeditionary Forces Amendment Act, 1918, the Minister of Defence caused to be prepared and published in the Gazette of May 1919 the list of military defaulters and he declared such list to be the Military Defaulters List under that Act. It was publicly notified that the men whose names appeared on the Military Defaulters List were subject under the Act to certain disqualifications and penalties. 1. They were deprived of civil rights for 10 years from the 10th day of December, 1918, and were therefore incapable of being enrolled as an elector or of voting at an election of members of either House of Parliament or of members of any local or other public authority. 2. If any military defaulter was out of New Zealand on the 10th day of December, 1918, he was prohibited for 10 years from returning to New Zealand. 3. Military defaulters were prohibited for 10 years from changing their names — that is to say, from assuming or using or continuing to assume or use any name other than that by which they were described in the Military Defaulters List. 4. Any military defaulter who committed a breach of any of the provisions was liable, on summary conviction, to imprisonment for 12 months.

Any man whose name appeared on the Military Defaulters List could, within three months after the gazetting of that list, appeal to a magistrate in manner prescribed by regulations on the ground that his name had been inserted in the list in error. The names of the men gazetted as defaulters included Denis Kirby, labourer, Timaru. The Warrant for Arrest was withdrawn under the terms of a General Amnesty dated 11 November 1920.

It is not until 1938 that Denis Kirby is located with any certainty. He is then a labourer at Masterton. From 1946 he is living at Ranfurly House, and by 1954 he has retired. Denis Kirby died on 3 May 1955, aged 71 years, and was buried at Archer Street Cemetery, Masterton on 6 May. The Public Trust administered his estate, which consisted of Cash in possession - £105, Personal effects and Jewellery - £20, Accrued Age Benefit - £1. He was a brother of Timothy, James and Michael and Timothy all of whom served overseas in World War One, Michael being killed in action on 13 January 1918. Mrs Catherine Kirby died on 2 February 1917 at her High Street residence, after a long illness. John Kirby senior, died at Timaru in April 1934 and was buried with Catherine at Timaru Cemetery. He appointed his daughter Catherine Carrick and son Timothy as executors of his Will (signed in 1921) and bequeathed all his property to his daughter Catherine and sons Timothy, John and Donald (also known as Daniel). There are no descendants of John and Catherine Kirby bearing the Kirby name. None of the sons married. Daniel did have a daughter born at Timaru in 1910, who was brought up by her maternal grandparents. Daniel Kirby died at Timaru in January 1923, after a long illness, aged 33 years. Catherine Kirby married Patrick Carrick, who served in World War One, at Timaru and they had one daughter born at Waimate in 1911. Catherine (1958) and Patrick (1947) are both buried at Wellington. Bridget Kirby who had a daughter Mary born at Timaru in 1910, married Henry Rowley in 1920 and had two more daughters, the elder dying soon after birth. Bridget (1966) and Henry (1970) are both buried at Christchurch, Bridget and her daughter Mary (102 years) with her brother John. John Kirby died in December 1960 at his Christchurch residence and was buried at Memorial Park Cemetery. He had moved from Timaru to Christchurch in the 1930s and lived with his sister Bridget. Timothy died at Christchurch in April 1944 and was buried at Bromley Cemetery. He, too, had moved to Christchurch in the 1930s and lived with his sister Bridget. James died at Christchurch in October 1932 and was also buried at Bromley.

Sources

NZ Defence Force Personnel Records (Archives NZ Ref. AABK 18805 W5541 0064875) [16 October 2013]; Probate record (Archives NZ/FamilySearch) [21 October 2015]; Christchurch Catholic Diocese Baptisms Index CD (held by South Canterbury Branch NZSG) [18 October 2015]; South Canterbury Times, 27 January 1900, Timaru Herald, 29 January 1900, 10 & 18 July 1906, 8, 10, 15, 17 & 29 August 1906, 10, 13, 17 & 24 May 1907, 5 June 1907, 11, 17, 24 & 31 July 1907, 5 & 15 August 1907, 27 April 1909, 3 February 1917, 18 April 1917, 9 July 1917, 27 May 1919, 17 January 1923, 17 February 1923, 19 April 1934, Temuka Leader, 10 June 1905, Hawke’s Bay Tribune, 3 July 1915, Sun, 17 April 1917, Pelorus Guardian, 15 May 1917, Otago Daily Times, 26 May 1919, Lyttelton Times, 26 May 1919, Press, 17 December 1960, 15 & 16 April 1966, 31 July 1970, 1 August 1970 (Papers Past) [25 April 2014; 15 October 2015; 08 October 2021; 24, 25 & 29 July 2025]; School Admission records (South Canterbury Branch NZSG) [18 October 2015; 17 December 2023]; Archer Street Cemetery burial record (Masterton District Council) [21 October 2015]; Probate record (Archives NZ/Family Search) [20 October 2015]

External Links

• Auckland War Memorial Museum Cenotaph record
• Military personnel file

Related Documents

No documents available. 

Researched and Written by

Teresa Scott, SC Genealogy Society

Currently Assigned to

TS