The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-10-05


that the accused was Of sound mind 1T the
time of the murder, and not go beyond that.
II the answers of the witness are strictly con-
fined TO that, the Commonwealth has right
, TO introduce his testimony.
Colonel Johnson.-We are much gratliied
with tho agreement between ourselves and the
bench that the witness must only be asked
questions concerning the state OF her mind at
the time Of committing the decd. He then pre-
pared and read the following ques tions, which
were previously asked by the Common
wealth S Attorney:
Were you near enough 10 observe the man
ner and bearing OF The accused
"What was it? State explicitly
He then said Will not the asking OF those
questions be n reopening Of the case? Has
not the conduct of 1Ir Kirby on that occasion
been clearly proven The Commonwealth
had full, fair, and nndiSputed opportunity 10
prove what her conduct was. We rest our
defence on the belief that she was not in u
condition TO be responsible for her actions;
and I would submit that those questions
should not be asked.
Judge Burnhan.-W see no impropri"tv in
the asking Of those questions. The testimony
must be confined TO the limits, which We think
are plainly Indicated.
Judge Crump.-1 will file another bill OF eX-
ceptiOns TO your opinion.
Judge 1urnham. Very well, sir.
The bill was then written and filed E; after
which Mr.. Sturdivant turned 10 witness tMr.
Mavo) and asked if he was near enough 10 ac-
cus"d TO observe her manner and bearing
Witness.-Yes. Before the shooting passed
her twice. She was walking up and down,
following her husband. Seemed 10 be III 4
great passion, which was venting itself in ahu-
sive language, and occasionally she Swore.
She talked so loud that she could be heard all
over that part of the market.
Mr.. Sturdivant.-Did that manner and
bearing continue until the shooting
Witness. lit did. At the time OF the shoot
ing walked up, and 1T the third shot caught
hold Of her arm She appeared TO be cool,
and made some remark about my interference.
I think she said Twas none of my busi-
ness Never saw her before the murder.
Mr. Carlton sworn: know the prisoner.
Have dealt with her some time, and always
found her very ladyline. Was present IT the
shooting Saw her few moments prevt-
ously. She was in 4 great rage, and was
abusing her husband. Tried 10 make her
stop. She said =" | want 10 expose him. He
has deserted me and t;tken up with another
| woman." She used very offensive language.
When | first heard the language could not
believe that il was the accused, rs 1t was SO
different from her usual conduct.
Cross examined Have only known accused
in the market. Never saw her III L rage but
on that day. Her anger, she said, was be-
cause of her husbands dcSertion. He was
| near Will" | was talking TO her She told me
| that she had come To the market Ill the ram
ut 10 o'clock the night before 10 get him to
| come home with her; whereupom he said: II
| did not threaten him. In talking to him
| about women with whom he was intimate
| she pointed across the street where Mrs. L!eo-
| hauscr lived. l did not see the woman.
Mr.. Slurdiyanl here opened the llustings
| Court deed book, and said that he had his fin-
| ger on Il deed of trust executed by the accused
| To James M. Taylor on the 2-,d OF November,
| l>6j, III" day after the murder, and thought
| that il was Il proof of her sanity
Mr.. Taylor was called but did not appear.
Colonel
stand, and requested 10 be sworn. 1t was
done when he testified in substance rs fol-
lows That deed was executed on the evening
of the I'D. and while Mrs. Kirby was i'll
the station house, and before Judge Crump
had been employed in the c;s" ] WAS sent for,
and, rs usual with me, | made IN arrange
nenl FOR my fee: and that deed was executed
| 10 secure that fee, and also that OF -hr. Can
ppn. who was sent FOR. Mr.. Cannon wrot" it,.
| wish the court. Jury and public generally, 10
uudcrs tand that thought on the evening when
| that deed WAS executed my second visit 10
herr She was insane, and not responsible. and
that on my first appearance III court win TN"
case rrnoUnccd All claim to that deed. did
til" same privately. When Mrs. Kirby re-
turned from Stauutou | made another con
tract with her, and that deed has been OF the
court book useless document. Nr, Cannon
also waived all interest Ill IL, believing, aS |
did, she was not Il responsible person.
Justice higgins sworn: am the luStice be
| fore whom that deed was "&ccuted. 1t was
| pre- pared DH VT. cannon ";tS tnrIr ON
about ten minutes. The accused commenced
| crying, ;lad said She was glad to In" as she
| wanted 10 pay some pc" rent. l was sur
prsrd, rs had never seen her before: and
| more so when she said she attended st. Peter )
| church altogether, but wanted 10 pay for the
| use OF II pew Il: st. Patrick church. Asked
| if She knew what the deed contained, and she
| said she did.
Major Croft sworn: | remember the day
| that Colonel johnson and Mr. Cannon came
| into the ollcc 1T The staiiOn-house 10 execute
| the deed. After it was done Colonel Johnson
| asked me what was the matter with the ac-
| cuscd. | replied that did not think she was
| in her right mind. That is nv opinion -
said he, land | am sorry that the deed has
been executed, us do not think she Is rcSpon
| siblc.
| Colonel Johnson said he wanted that point
| settled right here, IL he wanted the world 10
| know that he was not III the habit Of rObbinS
| insane women.
Mr. Sturdivant-No one accnsed you of it,
Colonel.
Colonel Johnson.--I want the public to
| know that l did not take advantage OF that
| deed. | would have gone 10 the poor house
| first
Judge Burnham.-Ih hope, Mr. Johnson, that
when you 70 il will not be for 5u> tenancc.
| Mr.. A. r. Guigon sworn: | am the law
| partner of Mr.. Johnson. Remember when
| the deed was executed, and have heard him
| state that he was sorry II had been done, rs lie
| did not think her responsible.
| DIR. Sturdlvant.-l can testify that Colonel
| Johnson reuounccd in public court all claim
| 10 that deed, stating then aS he did privately,
| he did not consider the accused sane.
Judge Crnmp also offered 10 testify that he
had heard Colonel Johnson III court renounee
all claim, ana state privately that he regretted
| il had been done.
| The counsel then retired TO hold u confer
| ence. After ten minutes absence they returned,
| and requcs ted the Judge 10 continue The ease
until o'clock this morning, AT which time
| they wond BE- better prepared 70 commence
! the argument
| The request was granted by the Judge, who
| said he would allow each side three hours.
| The TRIAL OF MR. BivIS.--From II remark
| Of the nlted States District Attorney in the
| Circuit Court yesterday IL may be stated with
| certainty that il Is now the intention Of the
| Government TO bring Mr.. Davis 10 trial early
| in the November term Of that court. The re-
| mark 10 which we allude was made 10 Judge
! Underwood III open court.
| MAYORS CoURr-NAYOK MAYO PRESIDING
| FRIDAY NoKSISG.-Ihe continued case OF
| Anna Carter, colorcd, charged with throwing
| stones at Mr. j. Jacobs and breakiuGa pitcher
| over his head, was first called. Anna was
| committed in default OF security for her good