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

TIE ktRnv MURDER CAsK--MHs. KuRey Mr.
FORE rHk Husrtxas CorKr-TRK CASH Cox-
r.Srxp..Mrs Anne T. Kirby, charged with
the murder n OF her husband, Robert +. Kirby,
before the Hustings Court yesterday morn
ing. Her condition was much the same as
heretofore rrported--cither insane, or 80 well
feigncd rs to deceived the majority of specta-
tors. The witnesSe for the Common wealth
We're called. and all but two-Messrs. Am
brose Carlton and J. p. Tyler-responded.
IL was stated that the former WAS confined t.
his room by sickness
Mr.. W. W. Crump one Of the prisoner
counsel, made an application for coAtinu
'nce for \ day or two MIR. johnson, anothel
OF the counsel, was absent, attending upon III.
Provost Court, and he deemed his rresenc.
here. when this case was taken up, indispsn
sable.
Mr.. II. 7. Daniel. Attorney for the Com
mOnwealth THAT is not the rule of the Court
The Commonwealth is ready TO go on.
The Court.-What is the ground of the ar-
plication
Mr.. Crmmp repeated that Mr.. johnson, who
was the original counsel in the case was alb
, sent. He himself had not even heard the ties
tmony. In addition to this he had been in
formed that Mrs kirby's youngest child wa
very sick. There was. moreover, an inpor.
taut question to be- argued with 4 motion I,
the Court, which required the presence of Mr.
Johnson.
Mr.. Edward Y. Cannon-I would furthe,
state that DIR. Trent. one of the physicians by
whom the insanity OF the prisoner was proved
cannot he here until late hour in the day
His presence is Indispensable.
MIR. Daniel admitted that the quests of the
prisoner condition was an important ma tel
to her. As to the absence of counsel, Their.
were Others here equally competent and will
regard to the sickness of the child, that was
only "A matter Of hearsay. He saw no goo,
reason for delaying the public business b.,
postponing the case.
Mr.. Crump replied that very novel and in
teresting question was to be argued All the
Commonwealth witnesses We're in the city
and he did not see how the public business
could be prejudiced by postponement until
TO morrow.
The Court finally agreed to adjourn the cas-,
until to-day tTuesday) ut IL o'c clock.
SINGULAR CAsE-WHITB MEN CoSsPIRING
WITH NEsRo.-A very singular case has been
pending for some days past before Judge Nc
En'ee, i'll the Provost Court OF this city. Two
young men, named John and AlOnZO Duke.
were arrested about a week ago, charged with
inducing negro girl, named Lizzie Seals. to
steal eight hundred dollars in gold and ont
hundred dollars in silver from J. r. BatkinS.
and receiving the same, knowing it to have
been stolen. The parties were twice before
the Court last week, and Il mass of testimony
was elected, much of which was not very
creditabie to the accused. They were again
| nrraigned yesterday, when the following adj
ditional evidence was heard
Sergeant David Dennison, Twenty fourth
Massachusetts regiment, being sworn, testi-
fed have been within the last month ut a
bah at Chimborazo Hospital. On the bridge
near ChmborazO l met John Duke, on horse
back. AT the door of the ball room l saw
Lizzie Seals hand John Duke something. l
do not know what it was. John Duke paid
our entrance fee at the ball-two half dollars
and two quarter-dollars-al in silver. Our
party CONSISTED of six persons in all. AT the
dance, John Duke danced with Lizzie Seals.
and danced with Mary Nixon. We danced
in the same set. Duke left the dance before
did-prObably about 10 =. NJ.
p,iplnd 1,H-< Al for Infn
have known Mary Nixon for some time. !
met her and three other girls, the night OF the
dance on Broad street. did not meet them by
appOin tment.
Fleming Razor sworn.-I am acquainted
with the prisoners John and AlonZo Duke.
l am employed in the market as a huckster. i
saw Aionzo Duke nave Two Sold pieces ;hol!'
two or three weeks ago, in a barber shop in this
city. l saw him throwing the pieces up and
playing with them.
Cross examined by defence.-Mr. Duke has
borne good character since l have known
him.
I. c. Baptist swOrn.-I have been acquaint
ed with the two prisoners for some time past
ever since they were born. On the day before
their arrest rs l was passing down Franklin
street, about o clock i'll the afternoon, l saw
AlonZO Duke standing on the sidewalk tossing
upa twenty dollar gold piece
In his cross examination Mr.. Baptist stated
that, so far as he knew, the prisoners bore good
character He had seen the girls Lizzie Seals
and Mary Nixon, nearly every night at the al
ley leading to Mr. Batkins's house. MIR. Duke,
the father of the prisoners, had always been an
iudulgent parent. He never knew AlOnZO Duke
to be Il gambler.
Daniel l.. Murphy testified that, week
ago, he met Lawrence Duke "a brother of the
prisoners at Quimby's. Duke asked him to
treat. and witness asked Duke to treat. He
remarked (hOlding up Il twenty dollar gold
piece that that was all the money he had.
Virginia A. Cheatham ties titled that she saw
John Duke four or five times in Philadelphia,
and that he never gave her any presents or
money there, or since her return to Richmond.
Some further testimony was elected i'll re
gard to the character of the prisoners, after
which the case was adjourned over until Fri
day next.
FALSE ALARM.-Yesterday morning, about
: O'Clock rs Il policeman was making his
rounds on Marshall street, his attention was
attracted by Il great light III the eastern por-
ton Of the city, when he straightWay rushed
for the station house, and commenced ringing
the boil 1.iolentlx Wis had the etii.ct OF