Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1920-10-27
ANDY POFF GIVEN
15-YEAR SENTENCE
Late Testimony Damaging to De-
fense-Case Given to Jury
at 11:15 Wednesday
The jury in the Poff case returned
verdict at a o'clock sentencing him to
Is years in prison.

The jury in the Poff case returned a
verdict at q o'clock sentencing him to
| Is years in prison.
Arguments in the Andy Poff mur-
der case, which were begun Tuesday
night by Attorney Floyd Byrd, of
Lexington, for the Commonwealth,
and John holland, for the defense
were concluded shortly before noon
Wednesday. Judge Shackelford
charged the ejury shortly before noon
and the case was given over to them
at 11:15 o'clock.
The arguments for and against
were forceful, as usually characterize
cases of this nature, and there are
the usual predictions as to the report
of the juror, when it will be made,
and what it will be after it is decided
upon.
After the jury had been secured,
there was so time lost in the intro
| duction of the testimony. Witness
after witness during the late after
! noon testified that young Kirby had
his coat on his arm at the time the
| officer approached, some declared,
f1ourishing revolver. At least ten
witnesses stated Kirby, when inform
ed that he was to be placed under ar
rest, raised his hands. His coat is
said to have fallen to the ground
when he raised his hands, in which
position he remained until he fell
from the bullet, which plowed thru
his left side. He is said to have fall
en- to the ground with a. groan, and
not to have been able to say any
thing.
This line of testimony was extern
sive and was listened to intently by
Poff. There was but little variation
in the testimony for the common
wealth, and their evidence was but
little shaken by the cross examina-
ton.
Poff stated he had received orders
from the chief officer, A. H. johnson.
to make a number of arrests, since
there were a number of young men
creating disturbance Poff arrested
number of them in another part of
the grounds and is said to have had
more or less trouble with them
These, it is claimed, were taken
charge of by another officer when he
approached Kirb y and his friends
standing in group. Poff was unable
to cling to the same statement re-
garding the shooting, his evidence be-
ing materially changed upon cross ex-
animation by Attorney Floyd Byrd of
Lexington. Poff was not the best
witness for himself. The testimony
for the defense was briefer than an
ticipated. The matter of justification
for the act of shooting was the chief
feature of the defense. The prepon-
derance of evidence to the effect, up
on the part of the state to the effect
the time of the shooting, seemed to
refute the evidence that the officer in
the performance of his duties felt
that his life was in danger, hence the
shooting.
Upon the conclusion of the evidence
for the defense, the attorneys took
up the matter of arguing the case,
with the view of getting it to the jury
without delay. Judge Shackelford in
structed the jury, explaining the var
ious phases of crime for which the
defendant might be convicted and
their duty in such case, as well as
their duty to free him if they found
that, considering all of the testimo-
ny, there was not the least doubt that
he shot in defense of his life, etc.,
presented in part last night at night
session. They We're opened by Attor-
ney Byrd for the commonwealth and
followed by Attorney John holland
for the defense. He was followed by
Attorney Crutcher for the common
wealth and A. r. Burnam for defense.
The attendance throughout the day
was such as to completely fill the
court room continually, and there was
perpetual fight upon the part of
Deputy Sheriff SAINT Bush to prevent
the windows being clogged by specta-
tors who sought refuge there, seats
not being available. There were many
in attendance from afar. Young Kir-
by. the slain man, was one of the
members of the first troop ship that
went cover there" during the war and
in this service he remained until the
close of activities, as well as doing
service on the other side in the ma
Wy. He had number of narrow es-
capes from the U-boats and came out
with a most excellent recommends
ton and discharge upon the part of
the war department and officers un-
der whom he served. He was a well
known and popular young man and it
UaS a host of friends that filled one