The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1865-12-13
LOCAL MATTERS.


TIL KIRBY MURDER TAsE.-AgGrMExT rpoN
TnE PRtsoNERs INsASITy-MorIoN FOR Posr-
ro>sAxNT,--Mrs Anne r.. Kirby, charged with
the murder of her husband, Robert r. Kirby
ny shooting him With 4 pistol ut the Second
Market, on the 2lst Of November last was
again arraisned before the Hastings Court
Yesterday morning The Court was composed
@! The following Magistrates: Aldermen John
r. Regnault, John NJ. Higgins. w w Tim
hcrlake, Thomas N Jc't-. and James T. Nc
earthly.
Recorder Chandler lef, the bench in conse-
quence OF having presided at the preliminary
examination, and his place was occupied by
S"nior Alderman Regnalilt.
All the witnesses for the Commonwealth re-
>ponded except Ambrose Carlton, who was de.
tained AZ home 10y sickness.
Some ttmH was consumed in sending for the
witnesses on the part of the defence, the coun-
III FOR the prisoner having insisted upon their
presence before the commencement of proceed
mg>. The witnesses afterwards made their
appearance, and the case proceeded.
Inc prisoner was attended by TWO female
companions. She constantly interrupted the
Proceedings by incohercnt and senselcss eNcla-
nations.
Mr.. Edward y. Cannon. one of the counsel
Tor the defence, first addressed the Court He
H'i'erted 10 the mental condition of the phi
>0ncr, which was such Is to render it incom-
peIent for the Court 10 proceed with the trial.
He would not discuss the question 10
whether She was insane not at the time of
itr commission of the alleged crime. but Whe.
iher she vas ut present i'll Z condition of men-
Isl incapacity.
Mr.. r. I. Daniel, Attorney for the Com
,nonwealth, said that 1t was putting the cart
s"'iore The horse to argue at length and in adj
H1nce :; motion which no one doubted their
,Ight 10 make.
Mr. Marmas'uke Johnson said it was not pro-
posed t" argue the right to make Il motion, bnt
Nhe'her the Court would hear the testimony
"' to the insanity of the accused.
MIR. Daniel conceded this point and told the
hti
Mr.. Cannon said the argument was merely
10 sustain the right of the defence to intro
tiucr testimony az 10 the mental condition of
The accused, which he did not call putting tn"
cart before the horse.
The prisoner.-Weli, you cant have my
iorse-hes III the stable.
The witnesses for the defence We're then
called
DIR. John Dove testified tina, he had fire.
Vuently seen the prisoner since her con1ne
lnent in the city jail. and considered her non
"t'e1ps Rentjs. His impressions his first
interview were confirmed by subsequent eX
aIninations. He had seen her three times since
he day Of his first visit. but had not treated
h"r. He had not been sent for profess iOnally.
lie vas not prepared TO say what effect soda
ave remedies would produce, but his impress
lion was that if She We're sent to Il lunatc
">Nlum her condition would improve. The de-
'"ction of insanity was quite difficult as was
also the stimulation of insanity. He did not
1hinli She could have kept up I, stimulation for
zach length OF time and he believed her
cas-" 10 be that of real insanity. The city Jail
Wa> no place for the trea lmemt of such case
IL hers. His opinion was that she was now in
Il worst condition. mentally, than 1T amy pre-
NiUus time. Her prOtractttt confinement. he
thought. would produce permanent insanity.
Her rawlings arr more incoherent than before,
and she firmly believes me 10 be brother of
Miss Polly HiN.
DR.. Peterficld Tren, testified that he had
been Mrs. kirby's family physician for several
>rars. He saw her al the Jail this morning,
and made protractcd examination of her
ylA hnp, In
md perfectly unconscious of what was here
going on. l have no doubt of this. / concur
with DR. Dove that the Jail is Il very unsrita-
bic place for her to be. She is getting worse and
/ worse. She was always OF Il very eXcitable
disposition. though l cannot say that l
thought she was going deranged. OF hereto
lore predisposed INA, way; On The occasion
OF 4 professional visit TO her house, l first
/ learned that there Wa, any jealousy OF her
husband, and she was much excited. Should
think she WAS pretsisi,osed to jealous frenzy,
and believe she was in that condition when
me act was done. Her symptoms at present
are those Of nmistakable insanity.
Major J. N. Croft, Chief Of Police, testified
q that Mrs. Kirby was placed in his custody on
The morning of November 2lst, and remained
& There over twenty four hours. Had seen her
d frequently since. When he first saw her he
II made up his mind that she was insane ; and
ms Impressions had been confirmed since
Sfi" had become much worse within week.
lie visited her yesterday, and she insisted that
he was Richardson's who brought bad oysters
y and incoherent. His observations of persons
Il Ia her condition had been such that he not
very APT TO be- deceived. lie had been in the
ponce thirteen years.
CrOsS-eXamined l,y Mr. Uanirl-She WAS
hrst carried to the upper station house on the
morning OF the murder and afterwards
brought to my Office. l saw her first about 2
q clock.
Mrs. Collins testified that she had seen Mrs.
Kirby every day for the past two weeks-was
there, one night. She believed her to be a
crazy woman. She does not sleep at all at
night-was constantly awake and talking so
queer" Had seen her exhibit symptoms of
insanity before the murder.
Miss Mary Collins testified that she stayed
with Mrs. Kirby night and day. She talked
wildly all the time and was crazy woman;
living and in Wilmington /; she expects him
back next week She has three childrcn-One
aged about four months and twenty days, an
other about Two and another ABOUT Tour
years.
Mr.. Johnson.-I presume the Court Is well
satisfied as to her mental condition Our only
other " tness II Captain O'ETian.
The court.-This testimony, 1t is presumed
10 merely corrObOratiye.
Mr.. johnson strongly Wehad
supposed that the Court would be so well si.-
iiAlied as TO Mrs. kirby's mental condition
mat they would refuse TO 80 on with the
Mr.. Cannon Captain OBrian has said
'hat she was getting SO much worse that she
touid not he treated at the Jail that he was
:. Unable to take care Of her any longer, and
-'",snded TO ask for her removal.
~ Johnson II was Ut the Jail yesterday, |
and Captain O. Brian made this statement 10
me
J.. Mr. Daniel.-As Mr.. johnson states that OF /
far , o~n knowledge, am willing to admit it |
''i what II Is worth.
Will mr. Cannon said, that in the state of facts
N" aaa been proved, the sole question was