Evening star., 1896-12-02
The Trial of Mrs. Irwin to Take
Place in Baltimore.
Her COUNSEL'S S APPLICATION GRANTED
Surprise and Disappointment at La
Plata Over the Change.
MATTHEW'S TAKEN AWAY

of Mrs. Irwin, charged with being an ac-
cessory before the fact in the murder Of
| her husband, James Irwin, at their home
| at Aliens Fresh, last August. set for this
| n orning, has been transferred to Balti-
more.
The sister of Mrs Irwin, her father and
| brother were among the first to reacn
court this morning They had driven
| nearly twenty miles from near Harris Lot.
| She had not seen her sister in Jail for two
months, and fearing she would not be ad-
mitted to the prison this morning did not
stop to call To The Stars correspondent
| she said she had read in the newspapers
| of the statements Matthews had made. and
many Of them she denounced as absolutely
| false. She seemed little concerned about
| the fate of her sister, confident was she
| that the trial would result in her acquittal
| Then, too. she found comfort In the con-
versation in which several of the talesmen
| who gathered about the stove indulged
| Most of them expressed themselves as
being opposed to the infliction Of capital
punishment on female, which gave the
! sister reason to believe that even If the
| worst came ii would amount to no more
| than term of imprisonment in the peni-
| Tertiary, possibly for life and possibly not
for more than twenty years. In any
| event she was certain that her sister
| would not fare as had her former friend
Matthews.
| Because OF the cCl0 weather lneTe were
few spectators when court convened, ana
| the appearance of Mrs. Irwin caus d no
| unusual excitement. She was plainly
| dressed in a suit of black, with plain
sailor hat.
Most Of the time during the carly hours
| of the session she sat with downcast eyes.
| occasionally glancing at the court ana
| the talesmen as they were called ana ques-
| toned. She just as attractive as
usual and the ordinary custom of the
| clerk to order the talesmen to look upon
the prisoner was rendered unnecessary,
for the eyes of all the men were liked
Upon her most of the time.
| States Attorney Posey and Gen. Wilmer
| were promptly on hand at 10 o'clock, and
| few minutes later Mr.. Mudd counsel for
| the woman, appeared. When he had held
| short conference with his client ne asked
| for postpcnement of an hour that ne
| might confer with his witnesses. This was
Tot granted, but the court promised the
| time Immediately after the jury was OBJ
| tanned
| The work of selecting the jury was be-
gun and VIM. A. Henderson was first
| questioned. He was rather undecided rs
/ to whether he had any conscientious
tscruples concerning the infiiction of capital
| punishment ut depends upon how il is. -
| vas his answer. when asked If he was
opposed to hanging.
He was eXcusa.i.
| Marshall Chapman, one of the jurors in
| the Matthews case, said he had a very de-
| cided opinion as to the guilt or innocence
| "
| might be changed by proof.
| Mr. Mudd objected to the acceptance Of
| Mr.. Chapman for the reason that he had
| served on the Matthews case.
| In support of his motion he quoted sew
eral authorities.
| Gen. Wilmer. for the state, produced au-
| thorities in support of the contrary view,
| but the court relieved him of the duty by
| Matthews case should be accepted. For
| the same reason George Simms Benz.
| Stonestreet, Richard Wheatley. Jas. Lyons,
Bernard Mudd. Edward Berry, Robert
| Lloyd and John Jenkins were excused.
| Robt H. Turner was not opposed to capl-
| tai punishment, and like most of The tales
men, he had formed and expressed an opin-
| ion.
Haven't you publicly expressed your
| self as being opposed to hanging wo-
man?" he was asked by Mr.. Posey.
| POSSIBLY so. answered Turner. Il
would vote for hanging woman under
| scme circumstances, but 1t would have to
| be a different case from this He was ex-
| cLsed by the state.
John 9. Acton was excused because he
was opposed to capital punishment. VIM.
| Simpson held the same opinion, and the
| court directed that the names Of such DC O.
| pie he not put in the box in the future in
| order to avoid the trouble of excusins
| them. A. Allen vas excused because he
| was member of the jury of inquest
The work of selecting jury resulted in
| eleven men being given seats in the box
They We're Edw. Robey, Wesley N. Nut
| well, Richard Burroughs Jerry Norris.
| Jas. r. Lawson. Thos. II. Chinn, Peter
| Trotter. James Joy. Plinny Gates Constan-
tine Bowling and John F. Hamilt On.
| Removal of the Case Asked.
| When the last named had been seated
| Mr.. Mudd surprised the court by asking
| that the case be removed to another
| county, for the reason. as alleged in Mrs.
Irwin's affidavit. that she could not get JUS
| tice in Charles county.
The counsel for the state was taken very
much by surprise. and Gen. Wilmer sent
| for number of law books With Mr.
! Posey he consulted these books but neither
| OF them addressed the court
| Mr.. Mudd knew his ground and he also
remained silent.
| The three judges put their heads together
| consulted number of authorities and
then Chief Justice Briscoe announced an
order for the removal of the case to Balti-
| more city, and directed the clerk to for
| ward the papers.
| In doing so, Judge Br:scoe remarked that
| the prisoner had right to have the case
removed at any time before the jury is i'm
paneied. Counsel might have done this
earlier in the day If he had SO desired
Here Mr. Mudd arose and desired 70 make
| an explanation. but was not permitted to
dc SO.
''The court desires the clerk to remove
the record forwith to the criminal court of
| Baltimore city for trial." added the Judge
Mr.. Sheriff, please remove the prisoner
| Sheriff Wade thereupon escorted Mrs H.
| win to his buggy and drove back 10 iail.
| This action of the court was a severe dis
appointment to the steadily increasin.
| crowd OF specta tors. who had driven miles
! through the cold winds in order to near
| what was going to be said by The two
| females against whom Matthews had made
| such grave charges. Although Mrs. Irwin
| had made the affidavit in support of the
| n otion for removal. She was apparently
| much dissatisfied that the case was not
| ended, and now she is more anxious than
| ever. Not one citizen of the county who
| was in attendance could be found to an
prove OF the course of Mr.. Mudd in filing
| his motion SO late. The murder OF Jas
| Irwin had already been very expensive TO
| the county. and this latest movement indi-
| Gated that the heavy expense of the Far
| rell trial was to be repeated.
| Matthews Taken to baltimore,
| States Attorney Posey was well aware
| of the feeling this turn in the case woul1
cause and before court adjourned he flied
| with the judges an application for the re-
| moval Of Matthews. the condemned mar,
| to Baltimore, in order to prevent a possible
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