The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1865-12-14

THE KIRBY McRDRR CAss.-TnB PRISONER
SENT ox.-The examination of Mrs. Anne E
Kirby, charged with the murder of her hns-
band, Robert F. Kirby, on the 2lst of No.
vember last, was resumed yesterday before
the Hastings Court. Senior Alderman
John F. Regnault presiding.
The prisoner was brought In, and the pro
ceedings at once commenced. sit
The question being upon the motion Of The
prisoners counsel to postpone the examina
ton ON account of her insanity, Mr.. Marina
duke Johnson addressed the Court. He main.
tanned that this was trial, and by whateye,
name this examination might be called, this
Court had no right to pass judgment upon q
crazy person. No mortal tribunal could do it
He claimed that this Court had the right O,
acquittal, and acquittal was the result of a
trial They did not ask the discharge or ac-
qaittal of the party, but merely a postpone
nent Of proceedings until such time as she
was in a condition to understand them. Mr.
johnson spoke at considerable length and with
much eloQuence, describing the condition OF
the prisoner in striking language and appeal
ing TO the Court in pathetic terms to grant
the request embodied in the motion.
Mr.. Crump then stated the motion in form,
rs follows:
The counsel move the Court to defer the ex.
animation Of the accused upon the ground
that she is Of non-sane mind and lunatic
and not capable Of unders landing the charac.
ter of the accusation against her, or of defend
ing herself upon this trial.
MIR. Daniel asked the Court to proceed with
the examination.
Senior Alderman Regnault announced the
decision of the Court as follows The opinion
OF the Court -four to one) is, that the examina
ton be gone into: that this is an examining
court, and not a court Of trial.
The witnesses for the Common wealth were
then called and sworn.
Alexander Edwards testified that Kirby
stayed at his house tn night before he was
killed. Mrs. Kirby was down at the market
the day before, but he got away from her. She
frequently came there and created disturb.
ances with Mr.. Kirby, accusing him of in ii
macy with Mrs. Liebhauser. The evening be.
fore he was killed, witness went to carry some
letters to Mrs. Kirby, which her husband had
got from the post-office, and she told him
to carry them back to the id son of b-h
She exhibited pistol and said she meant tC
kill Kirby and Mrs. Liebhauser both. In
formed Kirby of these facts, and he declined
to go home, and went and stayed with witness
The next morning at an early hour she came
down and said to Kirby, "D-n you, you
didn't come home last night" He replied
mo, Anne, and good reason why; you have
a pistol to kill mel" He then walked off down
the market, and she followed him. They re.
turned and stood in front Of his place of bust
ness, when she suddenly pulled out a pistol
and fired three times. Witness heard the frs
discharge and saw the others. Mr. Kirby was
shot through the neck, carried home, and died
Saw him after he was dead, and helped to
shroud him.
The counsel for tho defence here stated tC
the Court that they were unwilling any longer
to be considered as counsel for Mrs. Kirby in
her present condition, rs she was unable to
consult with or direct them in any manner.
They declined to act in that capacity any
longer.
The Court then sent the prisoner on for trial
before Judge Lyons, at the next regular term
Of his Court, in February and the witnesses
for the Commonwealth We're recognized to ap.
pear.
1t is quite probable that an application will
be made to Judge Lyons to admit Mrs. Kirby
to bail.
The prisoner was attended during the eX-
animation by her three children and two fe
male companions. The crowd in the court
carnations We're the only sounds that broke
the silence of the scene during the delivery OF
Mr.. Johnson eloquent address.