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Show The Kirby Arrest. V. Kirby, who waa committed to prison on Thursday night in di fault of $10,000 bail to await the action of the grand jury on the charge of aiding aid-ing tho prisoner Boegan to t scape, made application yesterday for a new examination, which was granted, and Inst evening the ca.-o was reopened before Commissioner Toohy; District Attorney Carey and United State Marshal Maxwell appearing tor the prosecution, and Burmester k tout for the defense. Marshal Maxwell did not appear to understand that the motion for a new examination had been granted, an l btrongly opposed reopening the case; Itho proper way to obtain a rehearing was by haboaa corpus. Alter it waa brought to tho knowledge ! the officer that a re-examination hail been ordered by tho commissioner, ho subsided, sub-sided, and tho witnesses were bwoi-q. The first witness wa the court bailiff Giiflith, Irom whom the prisoner pris-oner oscaped. The old gentleman appeared to be considerably muddled in his mind and story, and to hia cred't be it Bftid, was more ashamed of hi . gross negligence and inexcusable inexcusa-ble carelessness than otherwise. His Btory verified in important particulars the account of the afiiir' aa pub-liahed pub-liahed iu yesterday's Hkuald. The ancient bailiff said he waa frequently ured to "take something," but lie indulged in oidy one "Tom and Jerry," and a cigar. Before he en'-j en'-j tered the sa'oon ffnother deputy, ICingsley, warned him that there waa danger inside that a plot was on foot for Jack to escape. The witness 'aaid that when Beegan ran through I tho back door ho followed, and Kirby stepped in front of him, thua impeding imped-ing his progress. Kirby did not touch the bailiff, but merely got jn hia way. He pushed Kirby aside, ran through the back room of the saloon, looked lover the fence and saw Jack, who held Mrs. Wagner between himself and the bailiff, otherwise the officer wou d have shot, aa he had a pistol in his hand. He did not get up ou the fence, but stood on the ground '. and looked over. He then ran back 'through the saloon, with the inten-' inten-' tion of reaching the street and heading head-ing ofl the refugee, but as he was ; passing through tho bar room Kirby ! stuck out his toot, tripped him and j ho fell. The witness stated that a running through the saloon he did j not drop hia pistol He was not in j the habit of drinking; hadn't drank i "two bits" worth of liquor withiu the la-'t ix months. !, Mr. Burmester auggested that probably prob-ably tho witness belonged to that , 1 school of politicians who preferred to 1 drink the whisky paid for by others, j Deputy Marshal Kingsley testified ! that another deputy, ' Sara JohnB, j told him there was a plan concocted for Beegan to escape, and he (K) warned Griffith to take the 1 prisoner out of the Baloon. The evidence ot this, witnessdid not differ materially Irom that of Griffith, except ex-cept the former testified that Griffith mounted the fence in the rear of the saloon, and that he dropped his ! pistul ia the room next the bar-room, , and that Kirby picked the weapon up and gave it to the bailiff. The piosecution closed their case with thia witness. Tho defendant's ' attorneys moved that the prisoner be discharged on the ground that sufficient suf-ficient ovidence had not been introduced intro-duced to warrant the holding of 'their client. The motion was over- ruled, and Mrs. Wagner was placed 'on the stand, for the accustd. She described the scene in the back yard i of tho restaurant, the account being i not unlike the one already published in these columns. Mrs. W. testified that Griffith did get upon the ; tence, and look at Beegan, the i bailifl's evidence to the contrary not-J not-J withstanding. The lady " brought down the house," by Btating" that ! any women fifty years old, could have caught Beegan easy enough. The mrther examination of witnesses witnes-ses was postponed till thia morning at 10 o'clock, Kirby still being held in $10,000 bonds, in default of which he waa taken to the penitentiary. |