Howard Lee Kirby (1881 - 1930)

Born 30 May 1881 in Baltimore, Maryland, United States

Ancestors

Died 26 Oct 1930 at age 49 in Baltimore, Maryland, United States

Biography

Howard Lee Kirby was born on 30 May 1881 in Baltimore, Maryland to William Henry Kirby and Laura Virginia Magaha.^[1][2] He married Mary Elizabeth in 1903 and they had one child, John.^[3] He joined the Baltimore City Fire Department as a ladder man on 27 December 1912. He was injured on 6 March 1913.^[4] On 13 April 1913 Howard got into a fight with his father and killed him. He was convicted of manslaughter, sentenced to a year in jail and served less than 6 months before being pardoned and released.^[5] He didn't go back to the fire department but returned to work as a Steam Fitter at Curtis Bay Leppert and Irward (sp?).^[6] He died on October 26, 1930 of a fractured skull caused by accident and was buried in the Mount Olivet Cemetery in Baltimore.^[7]

Biography by Robert Beverly Submitted on Ancestry.com

In 1913 Howard had an altercation with his father and knocked him to the ground, and fractured his father's skull and three days later his father died. Howard was indicted for murder by the Baltimore City Grand Jury. His indictment read," In and upon one William Kirby, feloniously, willfully and of deliberately premediated malice aforethough, with great force, did make an assault, and with the left and right fists of him, the said Howard Kirby, him, the said William Kirby, feloniously, willfully and of deliberately premediated malice of aforethought, with great force and violent push, cast and knock down unto the ground there, thereby then and there inflicting in and upon the right and left sides of the head and body of him, the said William Kirby, as well as by said stricking, beating and bruising as by said pushing, casting and knocking down unto and upon the ground there as aforesaid, divers mortal wounds, bruises, contusions, lacerations and fractures, he the said William Kirby, afterwards, to wit, on the third day of April in the said year, at the city aforesaid, did die.

And so the jurors aforesaid, upon their oath aforesaid, do say that he, said Howard Kirby, him, the said William Kirby, in manner and by the means aforesaid, feloniously, willfully, and of deliberately premeditated malice aforethought, did kill, murder: contary to the form of the Act of Assembly in such case made and provided and against the peace, goverment and dignity of the State."

Second Count: "And the jurors aforesaid, upon their oath aforesaid, do futher present that the said Howard Kirby, on the Thirty First day of March, in the said year, at the city aforesaid, feloniously, willfully and of deliberately premeditated malice of aforethought did kill and murder William Kirby; Contary to the form of the Act of the Assembly in such case made and provided and against the peace , goverment and dignity of the State.

William and Mary (Magaha) Cook who were the Aunt and Uncle of Howard Kirby posted bail of $500.00 on the 7th of April.1913.

Article taken out of the Sun Papers June 20, 1913. "Guilty of Manslaughter: Howard Kirby convicted of causing his father's death. Howard Kirby, 28 years old, 1703 Williams Street, charged with causing the death of his father, William Kirby, by knocking him down with his fists was convicted of manslaughter yesterday in Criminal Court # 2. The case was tried without a jury before Judge Ambler, who suspended sentence. The penalty for manslaughter ranges from a nominal fine or imprisonment to 10 years in the penitentiary. During an altercation between father and son on March 31st last the elder man was knocked down. His skull was fractured and he died on April 3rd. Young Kirby, who is employed in the city fire department, and is married, said in his testimony in his own behalf that he upbraided his father for telling the police that no license had been obtained for a dog belonging to him. Then they had a quarrel and the blow followed. The young man was given an excellent character by witnesses called in his behalf."

July 2nd, 1913: Taken out of the Baltimore Sun Papers: Criminal Court II Judge Ambler For sentence----------Howard Kirby: guilty of manslaughter; one year in jail"

On December 22, 1913 Howard Kirby was given a pardon by the Governor of the State of Maryland, Phillip Lee Goldsborough. The pardon read that Howard Kirby has been recommended to the clemency of the governor by the Prisoners Aid Association of Maryland and many respectable citizens of Baltimore City.

After Howard was released from prison he did not go back with the Baltimore City Fire Department, but became a pipe fitter. Howard lived in South Baltimore until the time of his death in October 1930. When he died he was listed as living with his mother on Westphal Street. His cause of death was listed as accidental death, fractured skull. He was buried in Mount Olivet Cemetery on October 29, 1930. The funeral arrangements were made by McCully's.

Census

1900 US Census - William Kirby, Age 39, a laborer, is enumerated in his household in Baltimore, Maryland with his wife, Laura V, Age 39 and their children: Howard L. Age 19, laundryman; Agnes S, Age 16, packer (tobacco); Ida B., Age 14; William H., Age 11; George E., Age 7; Annie L., Age 4; Charles D., Age 1

1910 US Census - William Kirby, Age 49, a "huckster" and "street arab", is enumerated in his household in Baltimore, Maryland with his wife, Laura V, Age 49, and their children: Howard L, Age 28, Fireman (wife Mary E, Age 22; son John R., Age 6); Agnes S, Age 26, examiner (tobacco); William H., Age 21 presser (tobacco); George E., Age 17, presser (shop); Annie L., Age 14, wares painter (shop); Charles D., Age 11; Laura M Kirby, Age 8

1930 US Census - William Kirby, Age 49, a "huckster" and "street arab", is enumerated in his household in Baltimore, Maryland with his wife, Laura V, Age 49, and their children: Howard L, Age 28, Fireman (wife Mary E, Age 22; son John R., Age 6); Agnes S, Age 26, examiner (tobacco); William H., Age 21 presser (tobacco); George E., Age 17, presser (shop); Annie L., Age 14, wares painter (shop); Charles D., Age 11; Laura M Kirby, Age 8

Research Notes

There are other Howard Kirby's out there, with other middle initials and who have wives named Mary that show up on Ancestry.com Family Trees, including one naming Howard's wife maiden name as Rossman--I don't believe they're the same individuals.

Sources

1. ↑ "United States Census, 1910," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/M2FN-7R4 : accessed 1 January 2017), Mary E Kirby in household of William H Kirby, Baltimore Ward 24, Baltimore (Independent City), Maryland, United States; citing enumeration district (ED) ED 396, sheet 21B, family 431, NARA microfilm publication T624 (Washington D.C.: National Archives and Records Administration, 1982), roll 561; FHL microfilm 1,374,574.
2. ↑ "United States World War I Draft Registration Cards, 1917-1918," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/KZ87-MVG : 12 December 2014), Howard Lee Kirby, 1917-1918; citing Baltimore City no 24, Maryland, United States, NARA microfilm publication M1509 (Washington D.C.: National Archives and Records Administration, n.d.); FHL microfilm 1,684,197.
3. ↑ "United States Census, 1910," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/M2FN-7RW : accessed 30 December 2016), Howard L Kirby in household of William H Kirby, Baltimore Ward 24, Baltimore (Independent City), Maryland, United States; citing enumeration district (ED) ED 396, sheet 21B, family 431, NARA microfilm publication T624 (Washington D.C.: National Archives and Records Administration, 1982), roll 561; FHL microfilm 1,374,574.
4. ↑ Record of Howard Kirby in the Baltimore City Fire Department, 1911-1913, shared by Robert Beverly on 22 Jan 2012 on Ancestry.com
5. ↑ Biography of Howard Kirby shared by Robert Beverly on 22 Jan 2012 on Ancestry.com
6. ↑ "United States World War I Draft Registration Cards, 1917-1918," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/KZ87-MVG : 12 December 2014), Howard Lee Kirby, 1917-1918; citing Baltimore City no 24, Maryland, United States, NARA microfilm publication M1509 (Washington D.C.: National Archives and Records Administration, n.d.); FHL microfilm 1,684,197.
7. ↑ Biography of Howard Kirby shared by Robert Beverly on 22 Jan 2012 on Ancestry.com

• Source: S-600730078 Repository: #R-1094704476 Ancestry Family Trees Publication: Online publication - Provo, UT, USA: Ancestry.com. Original data: Family Tree files submitted by Ancestry members. Ancestry Family Tree http://trees.ancestry.com/pt/AMTCitationRedir.aspx?tid=83286993&pid=312

• "United States Census, 1900," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/M3KR-NN1 : accessed 30 December 2016), Howard L Kirby in household of Wm H Kirby, Precinct 6 Baltimore city Ward 24, Baltimore, Maryland, United States; citing enumeration district (ED) 309, sheet 7B, family 140, NARA microfilm publication T623 (Washington, D.C.: National Archives and Records Administration, 1972.); FHL microfilm 1,240,619.

• "United States Census, 1910," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/M2FN-7RW : accessed 30 December 2016), Howard L Kirby in household of William H Kirby, Baltimore Ward 24, Baltimore (Independent City), Maryland, United States; citing enumeration district (ED) ED 396, sheet 21B, family 431, NARA microfilm publication T624 (Washington D.C.: National Archives and Records Administration, 1982), roll 561; FHL microfilm 1,374,574.

• "United States World War I Draft Registration Cards, 1917-1918," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/KZ87-MVG : 12 December 2014), Howard Lee Kirby, 1917-1918; citing Baltimore City no 24, Maryland, United States, NARA microfilm publication M1509 (Washington D.C.: National Archives and Records Administration, n.d.); FHL microfilm 1,684,197.

• "United States Census, 1930," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/X34Q-6XT : accessed 1 January 2017), Mary Kirbey, Baltimore (Districts 251-500), Baltimore (Independent City), Maryland, United States; citing enumeration district (ED) ED 391, sheet 18A, line 27, family 243, NARA microfilm publication T626 (Washington D.C.: National Archives and Records Administration, 2002), roll 866; FHL microfilm 2,340,601.

• Record of Howard Kirby in the Baltimore City Fire Department, 1911-1913, shared by Robert Beverly on 22 Jan 2012 on Ancestry.com

• Biography of Howard Kirby shared by Robert Beverly on 22 Jan 2012 on Ancestry.com