The commonwealth. (Greenwood, Miss.) 1896-1923, 1907-09-20
KIRbYS RELEASED
ON NOMINAL BAIL
Result of Their Preliminary Trial Considered Fquva.
lent to An ACquitta|.
SYNOPSIS OF THE EVIDENCE IN THE CASE.

box and in broken whispers told Of his or
ysons tragic death. Col. Money state
that he was sitting in the back OF hi
store by side door end Jamie Money
his son, was out In front, presumabl
sitting on an iron safe. He saw Dt
Kirby pass by window In front of tn
| stare aud then in aisout one miIut'
heprd or pistol shots and saw his 80,
fail into tho front door. He asked hi
clerk In the office to get him gun bu
did not get 1t and he stepped toward ,
sleeping room when he was shot with /,
shotgun, presumably through the sid,
door. He secured Winchester riffs
and started to the front whereupon ht
was fred on from the front door. He
said he was shot three times. He a.
serted that no threats had been made
and that he had not even spoken to any
Of the Rirbys, except Bob Kirby, and
that only once and on business, since
his son killed Henderson last November
He said that he and his son had cherish
ed no Ill feeling toward the Kirbys, but
that they had not spoken to him, pre-
sumably because his son, jamie, had
killed their brother-in-law, Henderson;
that neither he nor his son were antici-
pating any trouble with the Kirbys.
Court convened Wednesday morning
at 10 o'clock and the hearing OF the evil
denco was resumed an follows:
Second DAYS Proceedings.
The second day of the preliminary
hearing of DR.. Grover Kirby and his
brother, Carl Kirby, for the killing OF
James y. Money, Jr., at Money station,
on August a0th, was the occasion OF an
other large gathering Of Lenore county's
As soon as Judge Montgomery had
court, Mr.. Gardner, for the
State, arose from his seat and announced
that the State was unable to establish
conspiracy on the part Of the Kirbys to
take the life Of jamie Money and they
would, therefore. withdraw the charge
of accessory from Carl Kirby.
BY the side Of the two defendants sat
their aged mother, two younger sisters
md Mrs. Henderson, their older sister
the widow Of the man killed by young
Money last fall. Their two stalwart
brothers sat right behind them. Col.
Money did not appear as he 10 still very
weak from his wounds,
The examination OF the witnesses for
he defense was Immediately hegun.
The first witness was James Sherrod,
,lerk OF the Kitchell hotel In Green
wood, who testified to having seen
1oung Money carrying pistol subse
lueDt to the Henderson killing.
1t was quite surprise aud blow to
the State when the defense introduced
Rodney Brewer, young man some
,wenty-four years old, employed by
Bob Kirby. He stated he had had no
,rouble but had been friendly with the
Moneys to the extent OF a speaking
acquaintance. He testified that young
Money had told him he Money was not
lalf through with those referring
% the Kirbys and using several vile
'pithets) and that he would clean all Of
hem up II they crossed his path.
]. W. Foy, tirst cousin OF the Kirbys,
Who had been at Money station for
'ome months undergoing medical treat
nent; stated that he was standing out
IN the gallery OF the Kirby store and
Dr.. Kirby was standing In front Of the
IaIey store. Saw DR.. Kirby leave this
,lace and start for his Office, 70 reach
which he had to pass along the gallery
n front Of the Money store. Young
Money was sitting In front OF bis store
N safe. When DR.. Kirby was in the
vet Of passing him saw Money rise from
lis seat and make motion to bis side
md DR.. Kirby commenced shooting and
Money staggor toward his store door.
Witness then went Into the Kirby store
md saw no more OF the details.
DR.. Kirby then took the stand and
estified that he had been standing on
he gallery Of the Haley stors laughing
md joking with two or thres msn start
d on back TO his ollice. TO reach which
I was necessary for him TO pass along
he gallery Of the Money store. Young
Money was sitting on An iron safe on
me gallery next to the wall and he
passed along tho outer edge some sevcn
u eight feet distant from Money.
they were not on spaskiag terms b.
'auss q Moneys killing - bsctAss.ia-