The morning times., 1896-12-03
JUSTICE FOR MRs.|RW|N
La Plata Murder Case Removed
to Baltimore.
MATHEWS Is TAKEN THERE
Court Orders His Transfer on Rep
reservations of a Possible Lynch-
ing-Hard to Get a Jury to Try
the Wife of the Murdered Man.
Opposed TO Hanging Women.
Special to The Times.

La Plata, Md, Dec. 2.-The now cele-
brated Mathcws-Irwin murder case took
on new phasetoday, when Mrs. Irwin was
brought before the court, charged with
being an accessory before the fact i'll the
murder of James Irwin, her husband, for
which the murderer Mathews has already
been tried and convicted.
The case was set for trial here this
morning and Gen. Wilmer and Lawyer
Fosey, representing the State, were On
hand at 10 O'Clock, and asked that the case
Immediately proceed. This was objected
To by Mr. Mudd, counsel for Mrs. Irwin,
who asked time To confer with his client.
The court promised an hours time to Mr..
Mudd as soon as the jury was obtained
This was soon rendered unnecessary by
the development of the fact that Il jury
could not he obtained, and the case, in so
far as Charles county is concerned, was
closed. and an order of transfer was is-
sued To the jurisdiction OF Baltimore city.
OLD JURY NOT ELIGIBLE.
All of the jurors who. had served on the
Mathews Jury were declared ineligible to
service on this case. Mr.. Mudd suggested
this position tu the court and maintained
IT by reading many legal authorities On the
subject. Gen. Wilmer cited authorities in
opposition, but the court upheld Mr.. Mu,ld.
In the eNaminatiGirof JuIcrs many tales
application of capital punishment to wo-
men, and were therefore excused. After
eleven men had been selected and given
seats in the box and ii became apparent
that a jury would be selected, Mr. Mudd
moved "A change of Venue on the ground, as
alleged IN the affidavit of Mrs, Irwin
presented by him, that She could / OF obtain
justice i'll Charles county OF account of the
prejudice existing against her. The states
attorneys Were taken by surprise and on
suited their law b, oks i'll vain for a loop
hole out of this prcdicamcnt.
Chief Jus,icc Briscuc am Lounccd the de
clsion of the court ON the question by di
recting the clerk to max" out and forward
the order of removal to Baltimore city.
He remarked ill doing 10 that the pris-
oner had a right 10 demand chang. at
any time before the inpannclline OF the
jury. .
Mr.. Mudd volunteered statement nthc
subject. hut was not allowed L. continue.
MATHEWS NOT SAFE
In spite of the cold weather, hundreds of
spectators had driven here today TO at
tend the trial, and the decision of the court
was a disappoinIment,o o them. There was
mucn criticism of MIR. Mudd's delay i'll iii
ing his motion for change in venue The
heavy expense attaching To these trials Is
also one reason given for objection to the
removal.
So bitter and violent is the feeling in
this case that State's Attorney Poscy asked
the court for an order for the removal OF
the convicted murderer Mathews, To Balti-
more. While not openly stated. the be-
lief is widespread that such acIion is moth
ing more than necessary to prevent the
lynchins of the prisoner, as in the Farrell
case.
This danger does not apply to the wo-
mans case, however, and she will remain
here until her trial comes up in Balti-
more.
Mrs. Irwin seemed disappointed that
the case was not tried in spite OF the fact
that her affidavit asked for the transfer
She has heen visited constantly by her
family since the conviction of Mathews
and does not seem to be alarmed at the
prospect.