The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-10-05
TRIAL OF MRS. KIRBY.
TIE TES7IVONY CONCLrDED.
THE ARGUMENT TO BE COMMENCED
AND CONCLUDED TODAY.

The case of Mrs. Anne T.. Kirby was called
before Judge Burnham about IL O'Clock yes
| tcrday.
| Judge Burnham announced that he adhered
to his decision OF the day before, and could
not allow the letter of Dr.. Stribling to b.
read unless the Commonwealth Attorney
| gave his consent.
Colonel Johnson.--I thought that had al
ready been given.
| Judge Burnham.-He said he would inter
| pose no objection.
Colonel .Iohnson.-That is 4 distinction
withOuta difference.
| Judge BurnhaIn-I think both the distnc-
| ton and the difference are quite apparent.
| Judge trump.-I Will file u bill OF rNccp-
| ioms 10 your opinion.
| The bill was written and filed.
| Mark Pike was then called ana sworn |
| live Seventh street and cam" her" from
Stauuton in lsG2. Lived for two months next
door To Kirby. near the fish market. Mr.. aud
| Mrs. Kirby were always puarrcllinE TN,
| night She ran away from her husband, ana
came 10 my house for protection. she il;id hcl
| ht bc III her arms and was in her night clothes
She did This on three occasions during III" tWC
| months l lived there. She accused him oi
| being intimate with other women. He used
| 10 sing songs 10 her, and tell her how much ne
| loved his first wife-all done 10 aggrnyatc her.
| The accused was 4 hard working, industrious
| woman.
The cross questioning failed TO elicit any
| thing new.
/
| the murder l was in the employ Of MI. Kirby
| | kept his bar-room, on Broad street His
| rooms were over the bar-rOom. | saw Mrs
| Kirby every day. For two days previous tC
| the murder her conduct was very strange. Hht
! did not stay 1T home. Ran III and ont, alt
nothing and did not attend 70 her business aS
| usual. She had nothing TO do with her chill
| dren She wts always so attentive TO her
| children and her household affairs that | could
| not help noticing her conduct. Remarked al
| -, h1 | th0nplt
| Mrs: Mary Anna Collins sworn: Have been
| acquainted with accused since her first child
| was six months old. Am Il regular nurse and
| in that capacitv attended Mrs. Kirby. was
present at the birth of the last child Mr.. X
| and | weighed it. Lacked three ounces OF
| weighing thirteen pounds. Mrs Is. was very
sick Did not think she could live. The
| family physician was out OF town. anu on my
| suggestion DR.. Wexford, ST., was sent Tor
There was great henorrhagc 1T the birth
| and altogether il was rs bad Il case as ever
| saw Remained with her until she was well
Mrs. X. 5 mind seemed TO be affected. Ac'
! cllscd and her husband always qHarrelled-sC
much SO that ! sometimes had TO leave the
| room. At the time OF her confinement which
lasted ten days, Mr.. X. was absent II week
| Went 10 Norfolk. Accused told MN When he
| returned that she knew he had been staying
| with 4 woman named Mary Mills. At the
| birth of her other children he always re.
| mained at home She frequently accused
| him of staying with other women, and
| was always excited when talking TO MIN
about it, Left her house shortly before tht
| murder. Saw her in Jail few days alter It
| and she begged me so hard 10 Stay with hel
| that | consented, and nursed hcrand the chll'
| dren from that time until she was sent 10 tn'
| asyllIIn-Some two months, think. In jail sht
| was very violent Would have nothing TO dt
| with her children. Had to hold her haEds
| when | wanted the baby nursed. Her lhlhu
| was ALWAYS wandering. Said nothing aDou'
home. and very little about Mr. Kirby. When
| she alluded 10 him twas something ABOUT us
| having gone to Norfolk, and her expecting Mn
| TO come back shortly. She was Always INDUS
| trious and tried TO do every thing 10 please hel
| husband. He said she was :liectionate, and
| She certainly was. In jail she slept very II
tie, generally towards morning. heh 7 Sn'
| walked, would generally laugh or cry was
| not conscious of what went on around her
| Mr. - Wade sworn Am acquainted with
| accused. Was in the employment oi her nus
| band OF and on since lstl 10 his death Sht
was married 10 MIR. Kirby by Catholic prles
| on the 18th December, lS6l. Waited OIL them
She frequently accused him OF being intimate
| with other women, and sometimes he Wuulo
deny it, but generally would not
| This concluded the testimony ior the de'
| fence. -
| Mr. Sturdiyant then called Mr.. Ed. Mayo
had him sworn, and asked If he was ne;l
| enough on the morning OF the murder 10 oD
| serve the manner aud bearing or the accused
Mr.. Mayo was about to respond, "hen ~ NJ
1 u
| said l would respectfully submit TO tht
| court that no testimony which l. not rebul'
| ting 10 the testimony OF the defence Is no"
| admissible The Commonwealth closed il>
| testimony and that for the defence Is alsc
| concluded The testimony OF this witness l.
| not competent He should have been INTRO
duccd viii the other witnesses 1or the CON
monweal1h, and l therefore move TO exclude
his testimony. ~
| Mr. Sturdiyan:, Commonwealth Attorney
| contendtd that he had the rISht TO introduce
| the witness, stating that his question "t'
| right and proper.
| Colonel Johuson.-He should have been III
| troduced before the testimony 10. the defence
was commenced, and should not De admitted
now.
| Mr. Sturdivant.-His testimony has been III
troduced 10 rebut the fact that the accused
| was insane 1T the lime of the murder lh'
defence has gone back ten years TO prove INA
| she was insane ut the time OF the Inuruer.
| now in ntroduce witnesses 10 prove !hat sue " u
| not This is rebutting testimony.
| Judge Crump said that II WAS the ualS y
the Commonwealth TO prove thtt the accuse
was of sound mind when she coInihltteu li''
| deed The Common wealth had Inc "llhesec
| in court and refused 10 offer them IN the eA
amin, ,tion III chief. To introduce theil nov
would be To re open the case-coliihehce " htI
| it started TWO days ago. Here - III ~" W. ~
ness TO the deed not put upon the stahl VIII
| other Commonwealth's witnesses put nci'
| back that the Commonwealth case sGouiu o
tried again. The witness can TESTIFY " hoth