The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-10-07

turCav morning. Il la"ge Number of persons
assembled in the llUstings Court room 20 hear
the argument in the case of Mrs. Anne +.
Kirby, who had been on trial since Tuesday
last for the murder OF her husband, Robert
r. Kirby. Shortly after O'Clock the argu-
mcnt was commenced
Mr.. n. y. s,turdivant, Commonwealth 6
Attorney, opened the argument, speaking an
hour and seven minutes, and contcnding that
the accused was not insane at the time of the
murder.
He was followed by Judge w W. Cruup,
and he bv Colonel Marmaduhe Johnson,
counsel for the nrcused-'he fratnaIned
speaking one hour and three quarters, and the
latter an hour and fifty-five minutes, both
claiming that the testimony had clearly estab-
liShrd the fact that the accused was insane
DO til before and after the time of the murder,
and was therefore not responsible Ior her ac-
tonS.
At the conclusion Of their arguments Mr..
Sturdiyaut again took the HCOr, speaking
about an hour and three quarters, taking the
same ground, and advising the jury not 10 be
influenced by the arguments of the counsel of
the accused, which led them along GA ilowery
road of oratory and appealed 10 their sympa-
lhieS, but to folio" him along the dusty road
Of law and taCtS.'
The arguments on each side were listened
to with the deepest attention by all present.
During their delivery the accused was in tears,
and frequently sobbcd loud enough TO be heard
throughout the courtroom.
Judge Rurnham then ordered the jury tore
tire and announced that the conrt would take
Il recess until clock whereupon the audi
encc quietly dispersed
WAITING FOR THE VERDICT.
BvG o'clock the court room was packed by
both white and Colorcd persons, who listened
with brcathlcss attention ~ all that trans
pircG.
shortly after E O'Clock Judge Bnrnham took
his seat and til" jury wcr" marched in.
After calling their names, Mr.. howard,
clerk of the court, said: d" Has the jury agreed
Oh II verdict
MIR. p"cor, foreman, arose and said: " We
have not agreed upon verdict.
He then said II question has arisen in
the Iurv- room which -" agreed 10 submit TO
vou IN writrg,h and then handed slip OF
paper 10 tn" Judge.
Colonel toiIu.,1ti :rosc ana said % I would
respectfully submit, before you read III" qucs-
tiun. that iuasmuch "a tn" question - IN
writing, you Will give your OPINION IN wiring
also
AFTER some discussion the Judge sented
TO do so-wrotc, and then read the question.
QUESTION OF THE JURY.
If = ueryon whose mind is dpranget, kills
Knowing who ANA why She or he Is killing,
does the aw shield the offender from the
punishment!
OPINION OF TIE JUDGE.
If the Jury are satisfied from the evidence
submitted TO them in the case that the accused
:
not To have been able To silly estlma'" ~" na-
lure auG consequences OF The act, then they
should acquit the accused; but II they are
satisfied that she WAS not so dertnSed, then
She would hr accountable for her acts and Their
legitimate consequences, the criterion OF ac-
rnuninlilily hriuc determined by the men tai
stains of the accused ut the time of the alleged
happening Of the offence.
The Jury then retired.
VERDICT OF THE JURY.
After an absence of twenty minutes, the
iury returned, and announcing that they mad
agreed upon the verdict, Mrs. klrby was toia
to stand up; which she ulu, ana tle Ioilo"iue
verdict WAS gwen:
I'VE, the Jury, find the prisoner guilty OF
murder III the sccoad dcgre and aScerta In her
term Of Imprisonment 1T seven years III the
penilentiary.
The verdict was received with surprise, III,
minority of the asSemblage believing that she
would be acquitted. The accused stood L wnlle
then sunk into II chair and commenced tC
weep. ,,
a., ,l one announcing thai he had agreed 10 the
verdict. We're discharged.
Judge Crump moved to set aside the verdict
| on the ground that it was not in accordance
| instructions OF the Judge had been hurrcdly
| given stating that himself and Mr. Johnson
| were prepared 10 commence the arSumen'
| then or on o-uly.
| After some further discussion. the Jndgt
| conSen ted 10 hear the lnOllon Oh lllc hist u''S
| Of the next term.
Judge Crump and Colonel Johnson thel
| rcuuested the court 10 allow the accused Il
| give bail for her appearance III tllitt liHie.
The Judge, after arguments OF the counse
of ,hr accused were concluded announced
| that he did not think he had power under tht
statute 10 admit the accused 10 bail
The court then adjourned.