The Kirby murder case--Mrs. Kirby before the Hustings Court--the case continued.
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Mrs. Anne E. Kirby, charged with the murder of her husband,
Robert F. Kirby, on the 21st of November last, was arraigned before the Hustings Court yesterday morning.
Her condition was much the same as heretofore reported — either insane, or so well feigned as to deceived the majority of spectators.
The witnessed for the
Commonwealth were called, and all but two--
Messrs. Ambrose Carlton and
J. P. Tyler--responded.
It was stated that the former was confined to his room by sickness.
Mr. W. W. Crump, one of the prisoner's counsel, made an application for a continuance for a day or two.
Mr. Johnson, another of the counsel, was absent, attending upon the
Provost Court, and he deemed his presence here, when this case was taken up, indispensable.
Mr. R. T. Daniel, Attorney for the
Commonwealth.--That is not the rule of the
Court The Commonwealth is ready to go on.
The
Court — What is the ground of the application?
Mr. Crump repeated that
Mr. Johnson, who was the original counsel in the case, was absent.
He himself had not even heard the testimony.
In addition to this, he had been informed that
Mrs. Kirby's youngest child was very sick.
There was, moreover, an important question to be argued, with a motion to the
Court, which required the presence of
Mr. Johnson.
Mr. Edward Y. Cannon.--I would further state that
Dr. Trent, one of the physicians by whom the insanity of the prisoner was proved cannot be here until a late hour in the day. His presence is indispensable.
Mr. Daniel admitted that the question of the prisoner's condition was an important matter to her. As to the absence of counsel, there were others here equally competent; and with regard to the sickness of the child, that was only a matter of hearsay.
He saw no good reason for delaying the public business by postponing the case.
Mr. Crump replied that a very novel and interesting question was to be argued.
All the
Commonwealth's witnesses were in the city and he did not see how the public business could be prejudiced by a postponement until to-morrow.
The
Court finally agreed to adjourn the case until to-day (Tuesday) at 11 o'clock.
