Arizona silver belt., 1892-08-27
ExAmrNArIoN or FRANK KrnanY.
FLoRrNoE. Ariz., August 92d

The examination Of Frank C. Kib- hey, for the shooting of W. Wood . Porter on the 24th of June last, was commenced yesterday morning before Justice r, W. Stirwell. At the ap- pointed hour, 10 a, m, the spacious court room was well filled by an inter- Fested throng of spectators. The Ter ritory was represented by the District Attorney, II. V. Jackson, Esq, assist ed by Judge w, H. Barnes, of Tucson. The defendant showed the efIect of his confinement as he sat near his counsel, Messrs. Baker & Campbell, ofPhenix, and C. c. Israel, Esq, of your city, but was to all appearances cool and collected.
 The morning session, and more than an hour aher the noon recess, was taken by the examination of witnesses, who old the tale of the shooting about as it has been heretofore published, no new facts Of interest being introduced When the prosecution rested it's case, counsel for the defense moved for a continuance until to-day, which was granted, and the court adjourned un- | til 10 o'clock this morning
 When court opened to-day the de- fense introduced a number of witness es Whose testimony was intended tebe ! introductory to that of Mrs. l.. ". Kibbey, wife of the defendant Her | appearance as a witness was the one sensational event of the examination. . When called, she entered the court room, very pale and trembling from head to foot No look or sign of rec ognition passed between herself and husband. She was sworn and took her seat. The objection to the intro duction of her evidence by the prose cution led to a lengthy argument be- 1 tween counsel over the admissibility of evidence of a wife for or against her husband. This argument occupied the 1 morning session, and the noon recess found the matter still undecided. Mrs. | Kibbey retired from the room shortly after the commencement of the argu- ment
 The defense stated in court they de- sired to prove by Mrs Kibbey chat she had been seduced by Mir. Porter; that she went from Florence to Phoenix on a visit to her sister, and while there confessed the seduction to her hus- band June 23d. That she and her husband returned to Florence togeth- CT, reaching here about o'clock a. m, June 24th MI Kibbey shot Porter on their first meeting, about 6;3O p, m. of that day The object of this testi- mony was to reduce the crime to man slaughter, and secure bail for dofeu- dant while waiting the action of the grand jury.
 At 1:3O D. m. Mrs. Kibbey was ex- amined by G. c. Isreal, Esq, the main { features of her testimony being as fol- lows: On Tuesday, while at Phoenix, she received a telegram from her hus- band to return home, to which she re- piled that she couldn't leave her sister alone. He came to Phoenix, arriving about 9 o'clock Thursday morning, He asked her what occurred at pie uic June 5th, to which she replied, I Nothing at all, which satisfied him, He told her he had q note she had written to Porter, .but did not send, and she thereuPon admitted that she had had sexual intercourse with MT, ! Porter on four different occasions when he lKibbeyl was away. On the return from PhUnix to Florence, Mrs K. gave her husband the details.
 The note above referred to was de- s.royed. Mrs. Kibbey's testimony was very full, and a rigid cross examina- ton failed to break it. Testimony was then introduced to show the unsettled condition of the defeudant's mind at the time of the shooting, One witness was introduced in rebuttal to show Porter, just before death. denied any criminal intimacy between himself and Mrs. Kibbey.
 The case then closed and the defen- dant was held to await the action oi the grand jury under the charge of murder. Bail fixed at Sl5,OOO.
 The above case in all essential par ticulars is a counterpart of that of Daniel E. Sickles, who in 1859, in Washington City, D. C., killed Phil ip Barton Key, District Attorney for Che District of Columbia, for al- legged intimacy with his ,Sickles'J wife, and which she confessed Key was the son of the author of the national song, 'The Star spangled Banner, " and on the twentieth day of the trial Sickles was acquitted and discharged