The Lincoln Star from Lincoln, Nebraska • Page 13

Kirby Murder Case Goes To Jury Omaha (UPI) The first degree murder trial of Ronald Eugene Kirby was placed in the hands of a Douglas County District Court jury late Friday afternoon. Judge Rudolph Tesar began reading instructions to the panel ahortly before 4 p.m. Kirby, 26, was accused in the shooting death last Sept. 20 of GiMJtrt A. Batten Jr.

as die 24-year-old knelt before him on the basement floor of an Omaha residence. The victim was shot between the eyes. In closing arguments Friday afternoon, assistant County Atty. Arthur O'Leary asked the Jury to compare trial with the Batten received In the basement. He termed It a blooded with KIrhy showing utter disregard for anyone's County Atty.

Donald Knowles described Kirby as thinking the man. the boss. the king. Ha might even think someone of higher Knowles noted that Batten State's '68 Crop Value Placed At $756,272,000 By United Press International Nebraska farmers produced $756,272,000 worth of crops in 1968, slightly less than the Worth of crop production, statistics showed Friday. The State-Federal Crop and Livestock Reporting Service said the figure compared with the worth of $792,163,000 produced in 1967.

It was a riiarp drop from the $938,679,000 worth of crops produced In 1966. The service said that with produce support payments included, last farm production was valued at $876,103,000, also a drop from 1967. when the total value was $905,292,000. The number of acres of cropland from which a crop was harvested dropped significantly during the past year from 16.7 million acres in 1967 to 15.6 million acres in 1968. Last 303 million bushel corn crop was valued at $333,165,000, with botti figures representing drops from 1967 when the crop totaled nearly 334 million bushels and was worth more than $350 million.

Wheat production increased sharply from the year earlier, rising from 88 million bushels to 101 miliion bushels, but the value edged down slightly from $116.3 million to $115.2 million. Grain sorghum production was down from 123.9 million bushels to 103 million bushels and the total worth was down from $110 million to $89.6 million. Both the production and the value of the soybean crop rose with production up to 19 million bushels from 17.6 million bushels and total value up to $45.7 million from $42.9 million. Other crops raised in Nebraska, with 1968 iM-oduc- tion and value listed first and 1967 production and value listed second, were; 12.1 million buihela worth million; 21 million bushels worth tH.3 million. one milUon bushels worth 175,000 bushels worth M.11.000.

1.3 million bushels worth 1.3 millioa bushels worth millioii. forage. 2M.OOO tons WOTth million: 325.000 tons worth million. silage. 976,000 tons with no value computed; 1.3 million tons with no value computed.

6.1 million tons worth miliion: million tons woiTh million. 222 millioB pounds worth 2 milHon; 222.3 million pounds worth million. beeta, 1.2 million tons with no value yet compueted: tons worth million. beaaa. 136.1 million pounds worth 9.3 million; milUon pounds worth million.

S7.5 million pounds worth millions million pounds worth million. seed. 2.3 million pounds worth 2 million pounds worth clover seed. 1.1 miliion pounds worth 1.1 million pounds worth clover seed, pounds worth pounds worth Court: Drive-In Employes Entitled To Compensation By Aisociated Press The State Supreme Court held Friday that a couple employed by a drive-in theater at NeUgh were entitled to Compensation for injuries received when a wind and rainstorm hit the theater area June 3, 1966. Merritt Ingram and his Martha, were injured when the wind blew over a ticket booth which they were occupying.

The Nebraska Compensation Court and the Antelope County District Court held that the injuries suffered by the Ingrams did not arise out of their employment, but the Supreme Court reversed the finding. Judge Hale opinion said the Ingrams were exposed to a greater hazard than the general public the general public was not in 6x8 foot frame ticket booth, with cracked windows, and skids for foundations during a severe The physical condition of the ticket booth increased the risk of injury, the opinion noted. hold that where the conditions of the ployment environment accentuate the natural hazard from a severe windstorm, which increased hazard contributed to the injury, it is an injury arising out of the employment, and is com- pensable under the 0 Compensation In other rulings Friday, the court; the Bluff County DiMrict Court in approving a financial tlament batwecn System Meat a Wyoming maat packing corporation, and B. M. Stawart and two in which Stewart waa majority stockholder.

System Investment Corp. and Syatem Investment Corp. of A group of itockholdera of System Meat Co. objected to the settlenwnt and intervened to prevent voluntary dismlsaal of the ortfinal claim of System Meat Co. against defendant and the two corporations.

Intervenors appealed to the Supreme Court and succesaluUy contended that the settlement agreement waa unfair. The Supreme Court sent the case back to district court with dlrecUone to dismiss the appllcsUon for approval of the settlement agreement. the Douglas County District Court jury flnding for defendant Leonard Monohan in an auto accident damage sutt brought by Jeanette Auzker and Enterprises, Inc. The suit stemmed from a June 17, 1965 accidant at 104th and Dodge Sts. in Omaha.

tha Douglas County District Court dismissal of an action brought by three children of the late Mary Zych Bojanski to vacate and set aside two deeds. the Banner County Distiict Court in awarding Loren Miller from the Industrial Hospital Association under a group hospital and medical in- suraiuic ptdicy iaeuad to Moriiaon-Knudstn Miller's employer. Miller was injured while working on a construction project in Banner County in 1963. the robbery convictton of Herbert Beasley in Douglas County District Court in connection with an Oct. 11.

1967 robbery the King Loan Co. in Omaha. Beaalay was sentenced to 10 years in prison. to disturb the Douglas County District Court conviction of Jackson Hunter for attempted burglary in with a incident at tha Wealaka Bar in Omaha. Hunter sentenced to a tarm of six to eight years in prtoon.

Benedict Man's Death Hikes '68 Traffic Fatalities To 450 By the Associated Press The death of Ezra G. Nickels of Benedict pushed 1968 traffic fataHty toU to 450 Friday, tying the record number set in 1964. Nickels, 62, died of injuries suffered when his pick-up truck was in collision with a truck driven foy James Morris of Bradshaiw on a county road intersection seven miles west of Benedict Nov. 15,1968. Highway Department Accident Records Bureau chief Tom Ryan said despite the record-equalling slaughter on Broadcasts Piannod 8ao Paulo national radio plans dally shortwave broadcasts 1 French, Spanish and English listeners outside this Rlrtuguese-speaking country.

The magazine Veja says the aim is to iniluence foreign and sell Brazilian pfbducts. The broadcasts run 21 hours a week, with the Ford Motor Co. and the Brazilian coffee industry the sponsors. the highways last year, Nebraskans faced a much greater chance of fatality than in 1964. Motorists travelled 15.5% more miles in 1968 than in 1964, and if the 1964 death rate of 5.8 deaths per million miles travelled had remained constant, the total killed would have amounted to 520, Ryan said.

The 1968 death rate of 5.0 caused, an $83 million economic loss. The 5.8 rate would have brought a $95 million loss, Ryan said. the many favorable factors in the saving of 70 lives, the enforcement agencies should be credited with major Ryan said. "The mere sight of a patrol car serves as a deterrant to a or recklass Furthermore, the patrol removed nearly 1,000 drinking drivers, probably preventing even more deaths, Ryan said. highway fatality total in 1967 was 445, five less than in 1068, while othet states as much as a 12.8% Increase, Ryan reported.

was the president of a private auto club called he certainly was given barbaric Defense Attorney Bennett Hornstein said his client committed an unintentional killing while in the commission of an assault ami should be sentenced for manslaughter. not asking for an he said. He also termed the death penalty wrong morally and Kirby was on the stand in I hit own defense earlier Frl-! day. He said he held the gun which killed Batten, but that It went off accidentally when a companion pushed at it. Kirby was the only witness for the defense.

Knowles had rested the case Friday morning after calling some 20 witnesses. Hornstein then called Kirby to the stand before resting his case. In his testimony Kirby told of drinking beer throughout the day and night of Sept. 19. He said Robert C.

Walker, 25, was with him most of the time. It was Walker, he said, who later pushed the gun and caused it to fire. Walker and another companion, Orval J. Hinz, 26, also face first degree murder charges in the killing but are being tried separately. Kirby testified to three I visits he made to the home of 1 James Lynch, where the I slaying occurred, on Sept.

19 and early the following morning. He said he sought a former girlfriend, Judy Dunbar, for the main purpose of returning her to who he said had been looking for her. He said he, Walker and Hinz went into the Lynch basement, dragged Lynch from his bed and forced Lynch and Batten, who was also at the house, onto their knees. wanted thoie guyz to tell me itraight where the girl Kirby said. He admitted he told Walker to Lynch a bit with the handle of his partially dismantled rifle.

Kirby said Batten was I ordered to his knees I get him out of the apparently while Walker was beating Lynch. Lynch and Batten had earlier dated the Dunbar woman. Kirby said he had the barrel and trigger mechanism of the 22-caliber rifle in his hand during the beating his finger on the trigger. He said the gun was apparently pointed in direction and Walker told him, out where you point that He said Walker tried to push the gun away and it went off, the bullet striking Batten from a distance of three to four feet. was so quick, so sudden.

It was just Kirby said. He said Batten fell over backwards. Fled House Kirby testified he and his two companions then Red the house. He said he did not recall striking one Eugene Phillips, who was in an upstairs bedroom, before leaving the Lynch home. However, he acknowledged, could have was pretty shook up about this stuff.

I just wanted to get Kirby told the jury of six men and six women he had been drinking, but was He added, was a little high, but I wiped out. I drink beer like a lot of people drink water and soda However, he did admit he was pretty prior to the last and fatal visit to the Lynch home. He said he later considered surrendering, but want to take a chance of getting He said he phoned an attorney three times and sought advice on surrendering. Funeral Services For Cora Mason Set For Monday Mrs. W.

Clarence Mason of 5419 Knox, died Friday at the age of 88. She and her husband celebrated their 73rd wedding anniversary last May. Services will be held at 10:30 a.m. Monday at Mortuary, 48ti) and Vine. A native of Alma, Mrs.

Mason was a Lincoln resident 43 years. Survivors include sons, Dr. Floyd L. and Chet, both of Lincoln, W. M.

of Earp, daughters, Mrs. Mabel Horner of Lincoln, and Mrs. Otto (Velma) Wallace of Barnett, brother, Louis Browning of Casper, and several grandchildren and great-grandchildren. ygfurdoy, Jonuory 11, 1969 IJwcafa ilar IB There's Something In it For The "We got it sold" Singerland drum set, with cases. Good condition.

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