The commonwealth. (Greenwood, Miss.) 1896-1923, 1907-09-20

At two o'clock Tuesday afternoon th
circuit courtroom Of the beautiful Le
! hore county courthouse was crowaed b
large number OF prominent people, al
anxious to hoar the first chapter of tn
celebrated Kirby Money case detailed
The occasion was the preliminary hear
ing OF DR.. Grover Kirby and his brothe,
Carl Kirby, for the killing of Jf.me
Money, Jr., nephew Of U. S. Senator II
D. Money.
Most OF the afternoon was takei
up in brilliant debate -. cen Hon
A. +. Gardner for the state aud Hon. r
N. Miller for the defense over the ad
instability of evidence showing eventi
subsequent to the killing, which nigh
prove the existence of conspiracy Il
take the life of young Money.
| The presiding Judge Hon. D. P. Mont.
gomery, finally ruled with the defense
that this evidence was inadmissible
Five Of the seven States witnesses were
examined and an adjournment was taken
until ten o'clock Wednesday morning.
The State was represented by the
firm of McClurg, Gardner a. whiting
ton, assisted by Congressman W. 8. Hill,
OF Winona; the defense being conducted
by Hon. s. r.. Coleman, of this city, and
Hon. r. N. Miller, of Hazlehurst.
The following Is brief synopsis OF
the evidence given Tuesday:
DR.. s. L. Brister, who examined young
Money after he had been brought to
Greenwood, testified as to the range of
the four pistol shots which caused his
death. Two Of the bullets penetrated
the lungs, and the other two passed
through his arms, producing instant
death.
Martin Andersen, testified to heing In
an adjacent store. Hearing four pistol
shots rushed out and saw jamie Money
lying in the door on the gallery leading
into his store. DR.. Kirby stood near
him with pump shotgun In his hands.
He stated that Moneys body was lying
inside the doorway and his legs and feet
on the gallery. He helped move the
body and saw small knife lying beside
it. On further examination he said the
knife was open.
Mr.. Moneys bookkeeper, Mr.. King, a
hineteen-year-old boy, took the stand,
testifying that Mr.. Money was sitting
on safe In front OF the store when the
first pistol shots were fred. The state
endeavored TO show here that DR.. Kirby
made some remark Immediately after
the shooting that witness overheard,
which would indicate conspiracy had
been formed by the Krbys to take
Moneys life, but on objection by the
defense this testimony was overruled.
Witness on cross examination stated
that he could not swear that Money was
sitting on the safe when he was shot.
Will Liddell, brother-in-law of Col.
Money, was next called. He testified
that he was the first person to arrive
on the scene. He was In Haley's store
rolling dice for coca cola when he heard
the shots and rushed out In front to see
what had happened; said he had no idea
there was anything more serious than
some one shooting at dog: he saw DR..
Kirby standing out In front OF the
Money store with shotgun and Carl
Kirbv, also with a shotgun, going
through and to the rear Of the Haley
store. He told Kirby that he was
unarmed and did not want to get into
the trouble and that be Kirby had
cleaned out the Money store and for
him to put up his gun. He also testified
TO hearing shot from the side door of
Haley's store. He also testified to going
over TO Jamie Moneys b. " and looking
after II; that Money was In his shirt
sleeves and that his pocket knife was
lying BY his side partly open.
Col. J. D. Money was then called, and
there was considerable stir In the
courtroom, All belng anxious TO got a
glimpse Of the man who had made such
q brave 6ght against death. He walked
with cane, but steadily through the
crowd to thu witness stand. His face
bore the scars Of the several buckshot
hc b. rccsived, and therc were left the
traces o. pain, agony and sorrow he had
passed through. Al he took his seat his
piercing black eyes took rapid survey
cfthe courtroom and finally rested with
) steady gazc upnn the two Kirbys, who
sat but few feet distant and who return
"a the gaze unhinchingly. II was in-
dssd psthstic = he eat IN the witness