The San Francisco call., 1910-01-19
MURDERS BROTHER
|. AT DOOR OF COURT
Trouble Over the Estate of Sis
ter Leads to Fratricide by
Aged Janitor
| Michael Kirby, After Shooting,
Charges Dead Man With
Forgery

Michael Kirby, aged 60. shot and
killed his brother, Patrick Kirby, aged
Sc. at All o'clock yesterday afternoon
at the door of Superior Judge Frank
Dunne,s courtroom in McAllister street.
The murder was an outcome of trouble
which the two brothers had over the
estate of their sister, Mrs. Margaret
O'Brien, who died December Is last in
the Stockton insane asylum. Kirby
fired three shots into his brothers head,
killing him almost instantly.
fIt is no use for me to speak about
it, said Michael after the shooting.
Il always treated him right--as a
father when he was little fellow
and now that I'm old he treated me
wrong.
shut that door, he commanded inn
periously motioning with his manacled
hands toward the door, which con-
nected the room in which he was sit
ting, guarded by detectives, with the
courtroom in which his brother lay
dead. Through the opening Kirby had
caught sight of the knot of men clus-
tered about the spot on the floor where
Patrick's remains were huddled.N He
showed no other signs of remorse, how
ever.
BREAKS UP TRIAL
Court was not in session in Judge
Dunne's department when the murder
was committed but Judge Cabaniss, in
an adjoining courtroom, was sitting at
the trial of Edmund Burke, the lawyer
who has recently been accused of sew
eral Irregularities. The noise of the
shooting had broken up the court ses-
sion and Detectives Steve Bunner and
j. B. Freel had rushed out and caught
Michael standing with his revolver
near his brothers body. Michael was
later charged with murder at the city
prison. Patrick's remains were re-
( moved to the morgue.
Both Michael and Patrick Kirby were
ianitors Patrick, the dead man. was
janitor in the superior courtroom. He
was a small man, smooth shaven, with
a sort of tonsure of fuzzy white hair.
He had been doing the janitor work
about the courts for years and was
well known to court frequenters. Mich
ael the slayer, was in the employ of
the board of works His reputation
for sobriety was not as good as his
brothers. Patrick was a very religious
man.
Courtroom Clerk James J. Mcdonald
and Patrick Kirby were in the court
room shortly after 4 o'clock yesterday
afternoon.
ARGUMENT PRECEDEs MURDER
Il was writing at my desk, said
IcQonald "and Patrick was sitting in
the room. having finished his work and
was reading my paper. There was a
knock at the door,
"Tl go and open it, Patrick said.
He went to the door and Michael came
in, doubled UP like jack knife He
looked strange There We're some
words which l did not hear clearly. l
think Michael said something about go
ing to the county clerks office and see
ing about some papers.
"'We can't go down now. Patrick
answered.
I'VE have to- said Michael
1t is too late now replied Patrick
Well go down tomorrow.
"Tn be too busy tomorrow, said
Michael.
MAN, we can't go now Patrick
said. and then the two brothers went
outside, L believe" Mcdonald said, for
/ did not see what happened. 1 was
bent over my desk writing. Then I
heard three shots; there was a crash
and I looked up and saw Patrick reel
ing in backward and fall to the floor"
CHARGES BROTHER WITH FORGERY
Michael Kirby, when he was caught
by Bunner and Freel, was taken into
Dunne's court and in the presence of
| the detectives, Judge Cabaniss and
others made a statement charging his
| brother with forgery.
The records in the county clerks Of
| flee show that Margaret O'Brien died
| intestate at the Stockton asylum on
December Is, 1909. Previous to that
| time her two brothers, Michael and
Patrick, were guardians of her $4,000
estate. On the day after the woman S
death Patrick secured letters of ad-
ministration over the estate, which
were granted by Judge Graham. jan
uary II the first letters We're revoked
and joint letters of administration were
| issued to the brothers. The only sigma
ture of Michael Kirby found in the
| records was that on the joint appli-
cation for letters. Attorney Sullivan
said that that signature could not have
been forged, as he saw Michael affix it
| to the petition.
| Patrick Kirby was single man, liv-
ing at 1905 McAIlister street, where. it
is said he owned flats valued at $780,
600. Michael has a wife and six chill
dren-
Patrick's estate will go in part to
the brother who slew him, just as the
estate of the parents of Adolph Weber
went to their murderer.