The Dillon herald. [volume] (Dillon, S.C.) 1894-????, 1920-09-08
YOUNG MAN HELD ON
SERIOUS CHARGE.
Ed. Kirby Lodged in Jail Charged
With Grave Statutory OffenSe


With Grave Statutory OffenSe
Ed. Kirby was arralgned before
Magistrate Haselden Wednesday al
ternoon on a warrant charging him
with a serious statutory offense
against young girl OF the Free State
section whose parents allege IS under
IA years of age. After taking testl-
mony Magistrate Haselden found
that the offense had been committed
in Marion county and was therefore
out of his jurisdiction. Kirby was
sent TO Jail and will be transferred
to a Marion county magistrate for the
preliminary.
According to the testimony given
by the girl at the hearing before Mag
trate Haselden, she left home sun
day morning TO visit girl friend but
when they arrived at her friend's
home they found that she was not
there. They went on TO Dothan where
they found Dunk and Dudley Kirby,
brothers of Ed. The girl went riding
with Dunk, Dudley and girl friend,
going as far as Bass Cross Roads.
Later they went to tent meeting at
Latta. Upon returning from the tent
meeting they rejoined Ed Kirby.
Then Dudley said he would carry
me home if / would 90 with him tf
carry Ed. and Dunk. When We got
to Eds house Dudley asked Ed. for
the car to carry me home and told
Ed. what he had planned. Ed. said he
would carry me to Mullins, and asked
me to stay out to his house and ne
would carry me next morning. Told
him / would If his sister was there,
but she was not there and I could not
STAY. Said he had better go on that
night. Got up and went with him to
his grandmother's that night we
Left there next a. m. between and y
O'Clock and went TO Mullins. We got
there and started on out TO George
Kirby's, and when We got out two
miles from town Ed. said he would
be there in five minutes il We don't
stop, but we are going TO stop. beg
sed him not to stop. Drove on past
the road he was intending to go, and
turned and came back and went ii
He missed the road when he went
in the woods and turned round and
came back 10 place he thought suited
him and stopped. l begged him TO go
OH but he said he would not. re1us-
ed TO get out of the car. He got out
and took ME in his arms.
Certain portions of testimony omit
ted here.) After committing his crime
he got up and went on to Georges. He
left me at Georges left there Tues
day night when ma came Tor
me-" The victim OF the alleged assault
claims she is 13 years OF age. she
moved here from Florida with her
parents about year ago and attend
ed school at Dothan. She says her
mother gave her the date of her birth
and her age and she put in down. She
testified she intended to leave home
when she went 10 Mullins, but did not
carry extra wearing apparel with her.
The mother of the young girl tes-
tifled that the girl was born in Flor
ida in 1907 and was between - and
IA years of age. She said the Slrl
had been absent from home from Sun
day until Tuesday night and she
found her at George kirby's. When
she arrived at George Kirbys the
girl went IN the house and shut the
door but came out again when she
found out who she was
When Rural Policeman Arch HAM
ilton went 10 Ed. Kirby's house to
serve the warrant Ed. told him that
the girl had hired and paid him to
take her TO Mullins. She SAID she was
going there TO find work. He said he
put her out OH the streets OF Mullins
and left her.
Dunk and Dudley Kirby were
charged IN the warrant with abduc-
ton, but there was no evidence TO
connect them in any way with the
alleged offense and they were re-
leased.
1t is not clear from the evidence
whether Kirby is held on the charge
of plain rape or statutory rape. Rape
is an assault on the person OF a
woman without her consent. regard
less of age. Statutory rape is carnal
knowledge with a girl under IA years
of age with her consent. The penalty
for both crimes is the same.