The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-01-05
LOCAL MATTERS.

THE KIRBY MURDER CAsE-APPLIcATIoS FOR
BAGL.-Mrs. Anne l.. Kirby, charged with the
murder of her husband, Robert +. Kirby, in
the Second Market, was again brought before
Judge Lyons yesterday on 4 writ of hdJedS
corpus, and the hearing of her application for
bail was resumed. The prisoner was some
what more quiet than heretofore, though
there was no change in her general appear
ance. She was accompanied by two female
friends, and by her counsel, Messrs. Crump,
Johnson and Cannon. Mr.. Sturdivant re-
presented the Commonwealth.
DR.. Gaillard, who was giving his testimony
at the time the case was adjourned over last
Saturday, was recalled, and stated that he
had seen the prisoner three times 1T the Jail
since he last appeared here, and could not
change. He had instituted no further medical
test; but rs the symptoms had not changed,
he saw nothing to change his impression eX-
pressed on Saturday, that it was case of
simulated insanity. These interviews with
Mrs. Kirby had been in the presence of other
physicians. Assuming it to be a case of simu-
lated insanity, he didnot think it possible that
the patient could maintain her present state
of robust health and do with so little sleep as
it had been stated she had enjoyed. 1t was
his belief, however, that she did enjoy regular
sleep Insane persons could do with less sleep
than sane perSOns-without the same injury
to the physical system. He had been familiar
with all the oral and printed testimony, and
that he had seen nothing, so far, tending TO
show symptoms of insanity, either in the an
ceStorS of Mrs. Kirby or in the subject her
self and that he thought ii naturally 4 Sls-
picious circumstance that she should mani
fest symptoms of insanity just as she had
passed into the hands of the law; more
especially when, if these symptoms were suiii-
GENTLY established rs those ofA real insanity,
the saving of her life would be the result. Ii
was on this account that the witness antlci-
pated seeing a case of simulated insanity.
Upon making inquiries of her nurses as 10 her
habits, they had given answers en- trely a va
rianCe with any proof that had been adduCcd
on this examination. remarkable fact was,
that since the remark had been made in her
presence that there was no reason why she
should understand when asked to show her
tongue. as she had been in the habit of doing,
she had not done SO. Previous TO that time
she had invariably put out her tongue when
asked TO do so but since that Inconsistency
with her other conduct had been alluded TO,
she had manifested no consciousness of the
meaning of this simple request. He saw no.
thing in all her actions irreconcileable to that
of case OF fcigned insanity. He could see
no special reason for believing her 10 be in
sane. The witness here proceeded 10 define
the various terms, symptoms, and degrees OF
insanity, the publication of which our limited
space forbids He alluded then to the opinion
expressed here by some of the medical protes-
sion that Mrs. Kirby was totally unconscious
of what was going on III the courtroom, or
even of where she was. If this were So ne
did not think she would be able TO give intel
| ligcnt answers to questions put TO her, as she
| had frequently done.
DR. Houston being sworn, testified that he
had visited Mrs. Kirby in jail, and from al the
testimony, he was of the opinion that her con
| duet and habits were in conformity with 4
case of simulated insanity. Upon theques-
, ton, however, he had not arrived 1T posi-
! tive conviction, and he could not, therefore,
say whether she was insane or not; If she was
he should think her removal to an asylum
would be very proper in order TO facilitate her
| recovery. He had known of cases of simu-
! lated insanity kept up for longer period than
| the one now under consideration. When kept
I up for any length OF time, detection was gene
! rally certain. Witness had not made sum
/ GENTLY extended examinations TO enable nm
| 10 say positively that the prisoner was not IN
sane, but his impression was in that direction.
He thought ii Il case OF simulated insanity,
! and not very skilfully kept up. The stare OF
her eve was not of the character to indicate in
/ sanity. Her stare was more that OF wonder than
of dpmentou. Until the previous day (Wed-
nesday) she had invariably put her tongue out
! when requested to do so; but on the occasion
referred to she had refused, in consequence, as
he supposed, of his having stated III her pre-
sence that there was no consistency with
real insanity in better understanding queS
ton of that kind than any other. lie also st;l
ted, on the same occasion, that similar NEON
sistency was displayed in her remaining tWC
weeks in bed under such apparent deluSlons
subsequent to which she arose from the bee
and attempted to make her escape from the
room in which she was confined, but was
easily restrained Her conduct was not ther
| that of IN insane woman. Witness mad mad q
good deal of experience in the treatment OF tht
insane. If he Were positive that she was nov
laboring under the belief that her huSDanC
was still alive, or that she believed that she was
| now boarding at Il boarding house instead ol
| at the iail, he would most unQuestlonably pro
| nounce her insane He thought that if Il par
| ty had been q most devoted and lndulgent mo
! ther and it was afterwards proved that sht
| was really Indifferent TO them, that would Dt
n prelty strong case OF real insanity.
| DR. Haxau testified that he had seen nothing
| in his interviews with Mrs. Kirby since Satur
| day last 10 alter his views, then expressed
| that it was a case of simulated insanity. vi
the occasion of his last visit she S tarted TO get
| ont of her bed and leave the room, but wa:
easily restrained. Her manner was not that
| of an insane person.
DR.. John Dove stated that he had visited
| Mrs Kirby every day since Saturday last, anC
that his belief i'll her insanity had rather
been strengthened. He felt very positive tha
she was really insane. Whenever she had al
luded 10 her husband, she was under the I'm
preston that he was still alive. She also be
j heved that she was staying at boarding
house He thought the Jail a very improper
place for person in her condition. His belize
in her insanity was strengthened by dally
| observations.
the prisoner before this morning, when, by re
| uuest of her counsel, he took seat near hel
in the courtroom with the intention OF watch
! ing her actions and conduct closely. ms n
| had done, and his impression was quite strohs
| that she was insane. Her manner, genera
| conduct, and the expression of her eye, were
very clearly that of an insane person. he mac
noticed the expression of her eye very closely
under all the circumstances that had occurred
among others, that of the Introduction OF hel
! children, who were brought in during the eN
animation. In every case she manifested I'M
| same indifference of feeling. Witness though
il not at all remarkable for insane persons u
give intelligent answers TO questions, or 10 un
! derstand what was meant when asked 10 pu
| ont the tongue. Had been member OF th'
Board of Health in this city, and his pracuc'
| in the country covered period OF twenty
seven years. During his practice he had peer
called 10 decide upon the condition OF persons
! said to have been insane. He had on no occa
sion been led 10 make erroneous decisions Ills
| examination of the case before him had neces'
sarily been very brief; but from what ne nae hae
| seen, he had formed his opinion that Mrs
Kirby was an insane woman, and that IL wa
| not a case of stimulation. .. a.,
At the close of DR.. Spence's testimony, TN
counsel for the prisoner made an appear 10 III
| Honor to postpone the case 10 some future nay uay
| in order that DIR. Spence, who had seen mrs TUT,
| Kirby that morning for the first tlme nlgn
have an opportunity of making fuller inSes
| tigation They alluded TO the fact that, thougL