Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1920-10-26
ANDY POFF MURDER
CASE PROGRESSING
Jury Selected After Much Chal.
lengmg-Victim Sober, Say
Several Witnesses

| Shortly before noon Tuesday ir
the Madison circuit court, after
the case of the state against Andy
Poff, charged with the murder OF
| Jasper Kirby. ON August 6, nc
jury had been secured, ow-
ing to strict challenging, and ii
was apparent there would be an
exhaustion Of the regular venire.
This case, which was set for
trial beginning Tuesday morning
was called as a result of the large
number of witnesses being pres
ent, although the trial of Thomas
Gentry, colored, also charge with
murder, which was set for trial
Monday, had not been reached.
This case will be put off until the
hearing of the testimony in the
Pof case.
That there will be a legal battle
with few, if any, equals in the
Madison court, is very apparent,
and the manner in which the jur-
ors were challenged by both sides
indicated that considerable time
would be required to hear the
case. 1t is very apparent that
| the case will require more than
the entire day Tuesday, and
should the same degree of strict
observance continue throughout,
upon the part of the contending
attorneys, several days may be re-
quired to hear the testimony.
1t has not been stated what
time will be given over to argu-
ments in the case after the pres
entation of the testimony, altho
it is presumed there will be sever
al hours upon the part of both
sides.
The attorneys for the state be-
sides Commonwealth Attorney
B. A. Crutcher and County Attor-
ney 0. P. Jackson, comprise At
torney Byrd, of Lexington, recog-
nized as one of the foremost GRIM
inal lawyers in the state; Judge
&c. Murray Smith. City Attorney
j P. Chenault, and Eugene. Moy-
nahan. of this city. Poff will be
defended by Attorneys A. R. Bur-
nam and John Noland
Poff, who has officiated as Con-
stable for some time, was in at
tendance at the Berea fair. The
shooting, which resulted in the
Heath of Kirby, son of Mr.. and
Mrs. J. J. Kirby, four miles east
iof the city, took place late in the
afternoon of Thursday, August 6.
The shooting is said to have fol-
lowed the arrest of two young
men who were disorderly, and
that it was after their release that
the officer came upon young Kir-
by, who was with a number of
companions. Young Kirby is said
to have been standing in his shirt
sleeves, his coat on his arm, when
accosted by the officer who fired
the fatal shot. Kirby died with
in short time and Poff was hur-
ried to this city, as result of the
excitement occasioned.
After his preliminary hearing,
Poff was released on bond. He
enjoyed his liberty until his exam
ination by the grand jury, which
returned an Indictment charging
murder, when he was remanded
to jail.
/ Poff is said by some to have
acted with little discretion. Af-
ter having been brought to the
Madison county Jail, he would say
little of the incident Jaiier VIM.
Burgess, when asked regarding
Pof. said the prisoner had little
to say and added that he never
questioned prisoners. Pof spent
much of his time in the county
jail with Joe Spivy, and number
of other men incarcerated on a
charge of murder.
| After the securing of the jury, wit
nesses for the commonwealth Were
called. The trend of opinion as elicit
1 ed therefrom was to the effect that
young Kirby was not under the in
1uence of liquor. He had been seen
about the grounds by number OF
friends, some of whom were with him
they stated, up till a few minutes be,
fore he was killed. Kirby is said te
have informed Constable Poff that he
i"had done nothing to be arrested
for. 1t is not contended that there
had been an argument, however, the
commonwealth contending that the
young man was killed by the Officer
while innocent of any wrong doing
and that the murder was not justi
fed.
\ The defense, it is stated, will holt
& that Poff had been ordered by ont
Joseph Gilbert, an officer of the fail
association, to arrest a number O.
fyoung men who are said to have beel