The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-10-03
THE KIRBY MURDER CASE.
EXAMINATION BEFORE JUDO f
BURSHiM.
Tcstimony-Furthcr Examination To-day.
SHE IS BAILED TO APPEAR.
SHE IS BAILED TO APPEAR.

TILED by crowd eager tc near ana WltneSS
all that was to be said and done in the cx-
animation of Mrs Kirby.
at 10 o'clock the court met, and pro-
cccdcd with the case of two negroes,
charged with murder. They we're acquit-
ted after an examination of nearly two
hours. The Commonwcalth's Attorney
then called the case of Mrs. Kirby.
Mrs. Kirby Immediately walked in and
took a seat behind her counsel, Judge w.
". Crump, Colonel NJ. johnson, and Cap
tain A. 3. Guigon. She was accompanied
bv Mrs. Collins, who brought in the three
children OF the accuscd-two boys and
rirl-thc oldest about seven years of age.
The accused wore a black and dark
brown veil. The black one she kept over
her face throughout her stay in the court !;
the other veil was partially thrown up re-
vcalng portion .. 9 her face.
At II o'clock Mrs. Kirby was .~.t .ie''eu
to stand up, which she did, and Mr.
Howard, clerk of the court, read the in
dictmcnt charging her with having shot
and killed her husband on the 2lst Of No
vcmbcr, 1865. During the reading she
bnrst in tears and sobbcd aloud.
To the question, care you guilty or not
guilty 7" She replied, amid sobs, but pro-
rouncing each word distinctly, 81 am not
guilty." She then sat down, and Sergeant
dudley commenced calling the list Of
those who had been summoned to serve
upon the jury, each one, as his name was
called, stepping forward to the clerks desk.
Each one, after being sworn, was asked by
the Judge if he had formed or expressed an
opinion as to the guilt or innocence of the
accused to which Mcssrs. Samuel Howard, !,
Charles II. Hayne, Peyton G.. Bailey,
Thomas NJ. Marlborough, Oliver Mount
castle, and J. B. Bcall responded Yes y;
and j. f. Benson, F.. S. Ferneyhough, A.
J. Gray, William II. KciniDgham, W. S.
Robinson, A. i. Meredith, Isaac l.. Cary
J. B. Suit, Robert B. Wood, r. NJ. Nmmo,
w. W. Boldcman, Il. S. Sanxay, L. r.
Bolton, James IL. Pecor, and Charles Sell
den, Jr., "No."
Those who answered in the negative
were asked if they had any conscientious
ScruplcS against the rendition Of a verdict
in which the penalty may be death y" and
stating that they had not, were placed in
the jury box. Messrs. Marlborough and
Beall stated that they had expressed an
opinion both before and since they had
been summoned to serve on the jury.
Judge Burnham.-That is very bad con-
duct iu both of you. No man should eX-
press an opinion after receiving sum-
mons to serve on jury, no matter how
many opinions he may have previously eX-
pressed.
Mr.. Kimborough.--I am not informed
in the law, and did not know my duty. /
am much obliged to you for the iniorma-
ton.
Judge Bnrnham.-You are welcome
you are discharged.
Mr.. Marlborough and all the others who
stated that they had expressed an opinion
were then dismissed.
Mcssrs. Nottingham and Meredith were
excused.
The Judge told the sergeant to sum-
mon more men for the jury, and ordered a
recess until they were brought into court.
About half an hour elapsed, when
the sergeant's deputies returned and
brought several gentlemen into court. The
Judge came in and ordered the clerk to
swear those who had just been summoned.
Each one was sworn separately, and the
same questions asked by the Judge.
Mcssrs. j. Il. Fisher, j. B. Winston,
George Lee, D. B. Clark, l.. Lotticr, Will
liam Allison, f. G.. Lee, n. N. Noricct,
William Ii. .Caskie, William NJ. Lawson,
Il. Z. Alvic, and l.. Il. Raincs had cx
pressed an opinion.
The following had not formed an opin-
ion, and were placed in the iury-box ::
Messrs. L. l.. Bass, James w. Gibson, j.
l.. Skinner, NJ. A. Allen, A. c.. Maben,
John NJ. Cringan, 7. A. Brander, John
Blair, Asa Snyder, Adolph Dill, II. W.
Fry, and David NJ. Patterson. Mr.. Sny-
der was excused.
The following were empannelled as the
Jury Charles Seldcn, Jr., James IL.
Pecor, z. Il. Walden, r. S. SanXay, Will
liam w. Baldwin, Robert B. Wood, j. NJ.
Skinner, NJ. A. Allen, j. C. Maben, John
W. Crngan, Adolph Dill, and II. w. Fry,
Jr.
Mrs. Kirby was again told to stand up
and the indictment again read to her.
TESTIMONY OF WITNESSES.
The witnesses were called. The fol-
lowing appeared and were sworn Messrs.
]. p. Tyler, John HaZelgrove, W. l..
Rose, II. C. Rogers, r. Reid, John Gen
try, and Edward Mayo.
Ar. Tyler, clerk Of the Second market,
was first called, and testified as follows :
On the morning Of the 2lst OF November,
1863, between ! and 5 o'clock | think,
MIR. James A. Scott came to my Office and
told me to hasten down the market as
there was q disturbance. | started to-
wards where | saw crowd. lad not
gone more than thirty steps when heard
The report of a pistol. Saw Mr.. Robert
f. Kirby walking off and splitting blood.
Walked on and saw Mrs. Kirby, the ac-
cuscd, with q small pistol in her hand.
Took it away and carried her to the sta
tion. house. Said to her after getting her
there. u am astoniShed at you; you have
killed YOUR husband. | saw him splitting
blood, She said, eff l have, / am glad
of it." | then went to kirby's house, on
Broad street, and found that he had died
from the wound Returned to the station
house. saw Mrs. Kirby, and told her. She
seemed penitent and said, " am sorry Tor
it," The deceased was shot IN the neck.
The ball entered the left side OF the heck,
passed entirely through, and lodged IN the
shoulder blade.
John Uazelgrove, sworn: On the morn
ing Of the murder | was in the market
Saw the crowd. Rushed up and saw Mrs
Kirby with small pistol in her hand. she
was not swapping or shooting it. Helped
to take it from her.
Mr.. Gentry, sworn: My store was near
that of Mr.. Robert +. Kirby; only abou'
six feet distant. On the morning OF the
murder saw Mrs. and Mr.. Kirby quarrel
inc at their door. He walked oil. she
fnilowed him. In a few moments they
came back, when she, saying "!il shoo
Won vou son of b-h," drew pistol ano
Graa at him. Do not think she fired ths