The Birmingham age-herald., 1907-09-19
l K|RBY-MONEY CASE
 IS NOW ON TRIAL
Court Room is Crowded at the
 Preliminary Hearing
COLONEL MONEY ON STAND
Interest Reaches High Pressure When Aged Father of Dead Man Testl- fes Relacive to the
 Shooting.

Greenwood, Miss, September 1S-(Spe- cial)-The preliminary trial of Dr. Grover Kirby and his brother, Carl I<Irpy, charged with the murder of James L. Money, began in the circuit court in this city yesterday afternoon. and will con tnue today No ease of late years has attracted 30 much attention throughout the state owing to the prominence of all parties concerned, and the incidents con nected with the feud existing between the families of the dead man and the ac- cused
 Little was accomplished in the open ing of the trial yesterday afternoon, as most of the time was taken up in war of wits between Hon. A. Gardner for the state and Hon. R. M. Miller for the de- fense. over the admssibllty of evidence showing events subsequent to the killing which might go to prove the existence of a conspiracy to take the life of young Money.
 The presiding judge. Hon. D. P. Mont gomery, finally ruled with the defense that this evidence was inadmissible. This seems to be the crucial point in the case as to whether the state will be able to hold Carl Kirby as an. accessory to the killing
 Five of the seven state witnesses were examined, and an adjournment was taken until 10 o'clock tomorrow morning The State is represented by tho firm of Mo Clurg. Gardner 6 Wilmington. assisted by Congressman W. S. Hin of Wlnona The defense is conducted by Hon s. F. Coleman and Hon. R. N. Miller.
 Evidence in Afternoon.
 The following is brief synopsis of the evidence given yesterday afternoon:
 Dr. s. l.. Brister, who examined young Money. testified as to the range of the four pistol shots, two of which were in the lungs and two in the arms. which produced death almost instantly.
 Martin Anderson testified to being in an adjacent store and hearing four pistol shots. He rushed out and saw Jamie Money lying on the gallery of his store Dr. Kirby stood near him with shot gun in his hands He stated Moneys body was lying inside the doorway and his feet on the gallery. He helped move the body and found a small knife beside IL. On efoss-eXdinlndtlOn he said the knife was open.
 MT. Moneys bookkeeper, MT. King d 19-year-old boy, took the stand, testify ing that MT Money was sitting on a safe In froift of his own store when the first pistol shots were fired.
 Conspiracy OverruIed
 The state endeavored to show here that Dr. Kirby had made a remark that witness overheard, which would indi- cate q conspiracy had been formed by the Kirbys to take Moneys life but on the objection by the defense this testimony was overruled. Lidell. broth er-in-law of Colonel Money. was called. He testified he was the first person to arrive on the scene He was in Haley's store rolling dice for a soft drink when he heard the sh ots and rushed out in front to see what had happened. He said he had no idea there was anything more serious than some one shooting at a dog. He said he saw Kirby standing out in front of the store with shotgun and Carl Kirby going to the back of the Haley store. He told Dr. Kirby that he was unarmed and did not want to get into the trouble and that -Kirby-had cleanted out the Money store, and for him to put up his gun. He also testi- fed to hearing a shot from the back of Haley's store, which the state evil