Tuesday, October 12, 1909 Jack Irwin, a farmer near Elizabethtown, met his death Friday from a pistol wound at the hands of Joe C. SMITH. The shooting took place a short distance north of his house, which is 7 miles from Elizabethtown on the Louisville and Nashville Turnpike. According to the Coroner EGEMANN's inquest, Irwin was returning home in a two horse wagon from MILLER's, which was located several miles north of Irwin's home. Joe Smith was in the woods near his home, talking to a Negro, Ambrose McGEE, who was trampin through and preparing to camp for the night. McGee said on the witness stand that Joe Smith in talking to him pulled out his pistol several times in a threatening manner and said he would fight. He said that when Smith heard the wagon coming up the road that he started up the field along side the road in the same direction the wagon was going. That he walked about 150 yards on the pike and turned and walked back a short distance and stood and waited for Irwin to come up with the wagon. The Negro said he heard some loud talking and arguing and after some time heard a shot ring out. He then heard some one say, "Whoa" to the horses three or four times and in a few minutes, the second and third shots were fired in rapid succession. McGee said he was 64 years old and was traveling from Leitchfield, his home, towards Louisville. He did not see the shooting but could tell only what happened by what he heard. Joe RAY, another witness, was at the home of John PECK, several hundred yards north of Joe Smith's late Friday afternoon. He saw Irwin pass in a wagon and in a few minutes heard the shot fired. The next instant he heard Irwin cry out, "Oh John, Uncle John come here, come quick." Mr. Peck said he was tired and unable to go and Ray and Jack Peck went at once in response to Irwin's cry. They found him lying on the side of the road with a pistol gripped tightly in both hands. Ray said Smith was standing in front and over him, looking down, saying, "Get up Jack, lets go to my house and get supper." Ray said that he saw that Irwin was in a dying condition and told Smith that Irwin would never eat supper alive again. Ray said that he took the pistol out of Irwin's hands and put it in his, Ray's, hip pocket. He then knelt down on the side of the road and put Irwin's head between his knees and had Jack Peck to fan the dying man. While he was breathing his last, Irwin said to Mr. Ray, "He shot me first, yes, he shot me first." Those were his only words he spoke and expired while in Ray's lap. The only statement Smith made while there was, "He shot me up badly." Smith was bleeding profusely about the head and face and showed signs of being in a terrific struggle. While Ray and Peck were working with Irwin, Ray says that Smith slipped the pistol from his pocket and went on home. Ray testified that on examination of Irwin, he found that the ball entered in the right breast and ranged downward. He said he knew nothing of the terms of Smith and Irwin. In regard to the lay of the land, Ray said that Irwin lived about a half mile this side of John Peck. He also stated that the tragedy occurred about equal distance from Smith and Peck's houses. John Peck, son of John Peck, took the stand next, and corroborated Ray's evidence in detail. It is evident that the theory of the Commonwealth is that Irwin was killed while standing in the wagon on the dirt road while Smith was standing on the pike beside it. They reconcile that ball ranging downward to this by the fact that the pike where Smith was standing is 2 or 3 feet higher than the dirt. Joe C. Smith, who did the killing, was unable to testify at the Coroner's inquest. He was badly battered up and was unable to give his side of the case. It is supposed however that at the examining trial today he will claim that he was assaulted by Irwin and thought it necessary to shoot to save his life. Jury returned the following verdict: "We, the jury, find that J. S. Irwin of Dist. 6, Hardin Co., met death from a pistol shot at the hands of Joe C. Smith." Irwin was a farmer and 42 years old. Born on Mill Creek and survived by his aged mother, Mrs. Nellie Irwin, his wife and 5 children, 2 brothers, Sanford and B. F. Irwin, and 4 sisters, Mrs. Lizzie SHIVELY, Mrs. Anna PAWLEY, Mrs. Minnie HOBBS and Mrs. H. H. HARGAN, all of Hardin Co. Funeral at Mt. Zion Church on Sunday. Joseph C. Smith is 60 years old, small stature, but physically very strong. In his younger days he was a reckless fellow and bore the reputation of being a "scrapper." Of late, he had settled down to some extent and had been living a very quiet and peaceable life. He and his victim were second cousins.