The Iola register., 1902-08-15
THE KIRBY PRELIMINARY
Sad Scene In Court Room Moved Every
Heart in Pity For the Bowed,
Gray Head.

Gray Head
With his handkerchief pressed 10y a
trembling hand over his tear-staned
eyes, his whule body shaken by his
grief, his limbs lettering beneath him,
II. l.. Kirby was escorted from the
jail last Saturday to the court room
where his preliminary hearing was
held at O'Clock. The court room
was packed by curious crowd who
sought u glimpse Of the old gentleman
and there wa, Il spontaneous ontburst
of tender sympathy when the gray
hairs, the shaken form and tue evil
IDENTIFY art-broken and spirit-crushed
form Of the man being tried for the
murder Of his son wa ) first seen by the
crowd The elder KIRBY was almost
n total stranger here and his appear
ance convinced the crowd that he was
incapable of wifully and coldly do
ing the deed for which he is charged.
Mr.. Kirby's brother and son, Ralph.
accompanied him to the court room
and his attornios, Baxter McClaiu
and II. A. Ewing sat beside him.
When Judge Potter called the room
to order and the first witness was
sworn the attornics for the defense
stated that for the preliminary they
were willing TO admit that the defend
ant fired the fatal shot.
G. w. Milestone was the first wit
ness called. lie was walking along
on the east side Of tho square just
south Of the drug store when the shot
was fired. He saw that the boy was
sweeping but was not close enough to
see razor if it had been there. He
heard no talking.
w. II. IIackett, who lives east Of
town, had been standing just east of
the back door and walked by the son
just before the shooting. He heard
some one inside say something about
watch and ring and also, 81 have
raised you like gentleman" lie
heard no reply from the boy and was
within three feet
G. e. WendorI who keeps Il groc-
cry in the rear Of the dru" store heard
shot and went out, saw the handle of
broom or fork lying there but no
razor. lie heard no quarrel that
afternoon between the Kirbys.
w. j. Conley, deputy sheriff, was in
front Of Beebe Hall. When he reach
ed the scene he saw brush, broom, ra
zor and pencils on the sidowall; about
foot from the boGy. lie arrested
the defendant at his home and asked
him how it happened to which Mr.. Kir-
by replied, at was an accident.
Witness saw the screen door through
which shot was fired. Cruss.eNam-
ination brought out the fact that the
razor was closed.
Coroner DR.. Teas was called. He
said the deceased was shot in the left
temple, about an inch and holfaboye
and an inch in front Of the base Of the
ear Found marks on the body made
by an hypodermic needle.
Elmer Edwards described finding
the closed razor and pencils.
Ralph Kirby was called and testi-
fed thatLes had quarreled with his
father that evening. lie refused to
say that his father and Les quarreled
but said lies quarreled with father. "
c Munger, who works for WendorlI
in the grocery, testified that he knew
of no quarrel. The father was in the
grocery at $40 and they discussed the
whiskey question in u general way but
nothing in particular was said about
the son. Mr.. Kirby made the remark
that whiskey had cost him $lO,O 600.
Bert Potter and Q. w. MILESTONE
testified that young Kirby habitnally
carried a razor.
This ended the hearing, the defense
Offering no witnesses. Judge Potter
bound the defendant over TO the dis
trict court under 81, 500 bond.