Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1920-08-17
.POFF GRANTED BAIL
IN SUM OF $4,000
Immense Crowd Jams Court
Room To Hear Testimony
In Berea Murder Case

titled to his freedom under bond, il
view of the evidence in the case. HI
then placed the bail at $4,000, which
it is said, Poff will be able to furnish
The examining trial, which was hel'
Tuesday, did not conclude until in th'
afternoon, the morning being con
sumed with the hearing of evidence
and the afternoon to arguments b!
counsel.
At both morning and afternoon ses
sions the court room was crowded
to its capacity. Owing to the intense
interest, the examining trial was helC
in the circuit court room. When the
crowd went upstairs Judge Price in
formed them that all would bC
searched for weapons as they enter
ed the courtroom. He said that vari-
Gus rumors of trouble had been heard
in connection with this case and he
didn't intend to take any chances.
Sheriff p. s. Whitlock and De-
putty Sheriff SAINT Bush searched
every man i'll the big crowd as
they filed into the circuit court
room. Mr.. and Mrs. ]. ]. Kirby,
parents of the dead boy, and Mrs.
Jennie Robinson. Mrs. Kir6y's
sister, occupied seats within the
bar. Mrs. Kirby was in deep
mourning and wept often.
In the absence of Official Court
Stenographer Miss Margaret
Parrish, Miss Cleo Williams, eff
cient stenographer for Attorney
A. K. Burnam, took down the tes-
timony OF the witnesses called
for the Commonwealth only three
failed to answer their names.
They were Claude William. G.. l..
Wrenn apd Nay Cotton. Others
who answered and were taken in
to the jury room by County At
torney O. p. Jackson and his as
sociates. c.. NJ. Smith and !. p.
Chenault, were: Ed Scrivner. Ben
Lewis, J.. S. Gott, Veda Ridder,
VIM Ridder. Harvey Lee. G.. w.
Mckinzie, Witt Johnson, DIR. J..
{ .Gabbard. Tom Stephenson. NJ.
J. Catron. Mr.. Bowles. VIM. Per
kins, Tom Coyle. Jamie Baker
and w. A. Johnson.
Attorneys A. X. Burnam and
John Noiand for the defense had
their witnesses called: Oscar.
Harrison, Charles Burdette. Joe
Gilbert, and John viii Johnson
and Robert Clark. Johnson did
not answer to his name.
Constable Andy Poff. the de
fendant. was then brought in and
sat by his counsel. The court
room was crowded, every seatbe
ing taken. and all the aisleS and
windows filled. Poff'S wife and
baby and his brother, Dave Poff,
took seats by his side.
Both the Commonwealth and
the defense answered ready. Ed
Scrivner was the first witness
for the prosecution. Scrivner said
he lives at Berea and was at the
Berea fair Thursday, August 5.
He said he knew Poff but did not
know Jasper Kirby. He said that
he first saw Poff with a man T.
der arrest, He heard his name
was Hopper. y Hopper said he
wouldn't go with Poff but would
with Deputy Sheriff Johnson.
Scrivner said that Poff then turn
ed Hopper over to Johnson. and
Scrivner said Johnson started off
with Hopper. Scrivner said that
Joe Gilbert told Poff to take two
other men off the grounds. one of
whom he said was Claud Sandlin
and the other Jasper Kirby. He
said Poff then reached toward
Kirby with his gun in his hand.
Kirby had his coat off and over
his arm. Kirby backed off and
seemed to throw up his other
hand. saying "I've done nothing
to be taken off the grounds for"
Scrivner said that Poff immedi-
ately shot and Kirby fell Scriv-
ner said that he remarked that
the man was murdered, but that
Pof said. "No, men, he was
reaching for his gun" Scrivner
said another man standing near
said, "Why he had his hands up"
On cross examination Scrivner
said that both Hopper and Poff
seemed to be drinking. He said
Hopper was cursing. Scrivner
said that Kirby jerked back ~off
when Poff reached for him and
Kirby's straw hat struck Scriv-
ner over the eye and raised
welt. Scrivner didn't remember
which hand Kirby had his coat
over. but that as Poff reached for
him. Kirby threw his free hand
up to about the level of his
shoulder. (Scrivner got to his
feet and illustrated how Kirby