Bisbee daily review., 1912-02-06
KIRBY |S HELD AS JUSTIFIED Forest Ranger ExOnerated in Hearing Before
 Graham County
 Justice
WAS WOMAN IN CASE

united states Attorney J. F. MOrrl- son returned yesterday morning from Solomonyille in Graham county. where he represented Forestry Rang. CT W. r. Kirby in his preliminary hearing before a justice Of the peace Tn Graham coanty last Saturday, the result Of the preliminary being Kir- Dy's acquittal on the prosecutions testimony. Kirby had previously been exonerated by a coroner's jury.
 Kirby is a young man. only twen- ty-One years Of age. while the man who was killed was forty-siX years Of age. AS in the larger percentage Of killings there was woman in this case. The origin of the trouble, it is said. was that Tucker. the man who was killed. had made remarks un- pleasing to Kirby about young woman friend This angered Tucker. and he ordered Kirby to keep away from his mining claim, which, it is claimed. is located on a national for est reserve.
 Tells Of Killing
 Tucker and a man named Bowman owned and operated this claim. That was last October. On January l5. Kirby, acting under orGers from the forestry service, went to the claim He visited the cabin at which Tucker and Bowman lived, but finding no one, went on down to the tunnel which Tucker and Bowman were driving.
 According to Bowman testimony at the preliminary, Kirby called and Tucker took a gun Som a powder box and went out of the drift, followed by Bowman. Tuceer showed the gun iLside of his trouseI belt and had his hand on it. On the outside they saw Kirby standing %TTh arms folded.
 Tucker repeated his statement that Kirby must not stop on the claim and the latter replied that he had come to see Bowman. The latter two talked for several minutss. and Kir- by then walked atay toward his morse, followed by Tucker, and Bow man went back into the drift. Short ly afterward Bowman sai1 that he heard some one call again, and when he went out he saw Kirby coming toward the tunnel. still followed by Tucker, who again made the state ment that Kirby must not stop on the claim. Kirby then said that he came there on business, and that he might have to stop there if his business re- quired il. Then Tucker made the statement: If you are looking for a shooting scrape, you have got it." Bowman was looking at Fuckers lace then. and did not seGthe move ment Of his hanS. but while he looked Kirby fired, the bullet piercing the pistol hand and entering the stomach.
 Fcur Bullet Holes
 Kirby states that he pulled and fired when Fuckers hand gripped the handle of his 41-caliber fiye-shooter, and when Tucker continued his efforts to cock the pistol. using both hands. Kirby emptied his seven shot Luger at Tucker With four bullets in his body. Tucker cooked his single.ac- tion revolver and fired one shot al Kirby, but missed.
 Kirby did not go on the stand, but his statemenCto the United States attorney coincided with Bowman's testimony. Kirby said that he re. t'A Acu tO tue -tili44Sl ii tilt HOiit iudi Bowman might intervene and pacify Tucker. and that Tucker following him, abused him all the way to the cabin and back to the tunnel. At the close of the prosecutions case. the United States attorney moved for the dismissal of :he case, which action was taken by the justice. MT Morrison was assistet in the defense of Kirby by Wiley Jones, of Saforu, @ prominent democratic politician and lawyer