El Paso herald. (El Paso, Tex.) 1901-1931, 1915-12-10
.IRBY SAYS SHOT
IN SELF DEFENCE
Declares He Killed Powell
When He Thought Powell
Would Kill Him.

Would Kill HIM.
Fred Irby told the jury Thursday af-
ternoon that he KILLED George Pow.
ell because he feared that Powell
would kill him if he did not kill him
first
Irby, on trial on a charge Of murder
IN connection with the killing of Pow
ell at Kent on July 4, told a straight
forward story Of the affairs leading up
TO the killing at the Kent station
and how he was warned to leave Kent
and that Powell was hunting for him.
Irby's testimony closed the case for
the defence and, after other bits Of
testimony were added, the defence
closed.
The arguments started Friday morn
ing with W. W. Bridgers, district at
toIney, speaking first for the state
and Frank Judkins for the defence
He was followed by J. B. Gibson and
the remainder Of the arguments will
be completed this afternoon It is
expected that the case will go to the
Jury tonight or early Saturday morn
ing.
IrBy on the stand.
Fred Irby went on the stand in his
own defence at $50 Thursday after
noon He said he had lived in Kent 10
years prior TO the killing of Powell.
He had been elected county commits
sioner and had resigned
L had befriended Powell in many
ways" the witness testified. 4 had
loaned him money, had helped him to
get some land, sold him a house, and
stood good for the expense of fixing UP
the house. stood good for a grocery
bill at one time 1 did all these things
because I liked Ahe boy"
Powell Wanted 500.
The witness told of seeing Powell on
the first day Of the barbecue He
tried to borrow 500 from me-" he said.
49, an~Hwm
didn't let him have the money From
that time on he appeared different
saw him the Friday before the killing.
I went in the front door of the saloon
and Powell was there. He didn't have
pistol then. c. r carp said he want
ed to talk to me, and we went back
into the pool hall When we went back
into the saloon Powell was standing at
the end of the bar. looking at me Dean
carp was standing close TO him and
the seemed to have something between
them.
Had six-shOoter.
I went up 10 the boys, got some let
ters l was going 10 mall and then said
to them. What have you boys got
there They replied, a six-shoOter.'
Powell then walked towards the middle
Of the bar and then had the pistol IN
his pocket He told me that he had put
some horses in my pasture and asked
me what 1 was going to do about it
told him that I might leave them
there or turn them out I then started
to go. He said he wanted to see me. 1
put my right arm over his shoulder and
let my hand rest on his on the handle
Of the gun. He put his arm about me
In this way We walked out OF the
saloon
Going to Kill You.
WHAT did he say 10 you outside the
5aloOng' he was asked.
He said. L am going to come square
with You. I'm going to kill you
What got that into your head% I
asked him.
-" I'm going to kill you and I have
AIKEN the job to do it, he answered.
I told him to get that out Of his
tome notches on my gun I want to
dll a man
I want to see the gun YOU are going
o shoot me with I told him, indicating
lis pistol in his hip pocket.
Here's mine he said. pulling back
lis vest and showing gun stuck in his
rousers.
7 asked him if I had not been his
rated myself TO kill you
Called Names by Phone.
I then left him and went TO the
tore, where I mailed the letters Later,
While I was at home he called me up
,ver the telephone and said. Come up
lere YOU big - - -, Pm going
o kill you. Bring your gun I said
o him. ! don't want you to call me up
,
his morning. and ] hung up the re-
The witness stated that he left for
lowell without a pistol on him and (
tated that Powell claimed TO be an
xpert shot 7 have seen him break
'ottles in the air with a six-shoOter,"
lie said.
Warned Not to Return.
The witness stated that he left for |
IAN Horn early Saturday morning,
st .
net Frank Williams before breakfast I
After breakfast" he said, 4 saw him
gain in front Of the saloon He said:
I've heard some talk about you. and il |
were you / wouldn't 90 back to Kent !
told him that all 1 possessed was |
here and that ] had to 20 back I /
sked him who was making the talk 1
nd he said il was young fellow with !
George"
The witness told about meeting c r. I
,arp in the saloon at Van Horn He
old me about some talk that had taken
lace at the time of the barbecue" he !
continued. "and said. George came to
ne and said. if. we kill Fred Irby, viii !
gu swear us outE
Irby Tells of Killing.
Irby testified that he had taken {
ifle to the postoffice with him on the Z
Lfternoon Of the shooting Of Powell
IS he always carried a gun with him IN I
he car and that he had not brought it |
Win any lnIeuIOn OF meeting Lne man 7
Who was killed.
The first time" he said. that I saw !
he boy was when he came toward me I
rom behind a flat car He came to-
ward me and was looking straight at |
ne His body was stopped over de
vas getting pretty close TO me and L !
bought. Ny time has come. II I don't |
ill MIN he will kill me- 1 was in the |
.uto at the time and got out on the |
light hand side and took my Win /
hester with me. As / stepped out the
10Y had his hand in his vest. 1 knew /
e carried his pistol under his vest as
.e showed me before that he carried il T
nder there. Then 1 shot him"
saw Pistol Butt.
Did you see a gun as you shot- was
sked-
As / shot he pulled his hand up to- I
yard his vest and / saw what looked !
0 me like the butt OF d pistol. When I
saw him coming. 1 shot in a hurry 1 I
vas in a very big rush and naturally j
-as excited. The only reason 1 shot
he boy was because OF the things that I
ad been told me and because of what !
e said over the telephone" I
irby said that after he fired the first
hot he threw q second shot into MS
un and denied that he had kicked
DWELL
Irby said that after the shooting was
one, Powell raised upon his side and |
aid: You got me first Irby."