Evansville daily journal. (Evansville, Ind.) 1863-1866, 1866-02-09

torn. He told me that Ashby had beat
him end choked him two or three differ
| emit times.s5ssN afeds - balif.a rllsa1
James Lower, Deputy Sheriff, was
sworn and sail Capt Darling and
were in the Office together, when Hughes
came in with OsRilsy III think Hughes
remarked, that he had brought in ORR
4 hey, to dehyerhim up to the proper off.
GERS O'Riley said he had shot lAshby,
and was sorry, f9rit-eould not help it.
He was crying said that AshbY had
ehoked him, Jhit;him, and got him down ;
I bad cadght him again, and he shot him.
He said Ashbyr had threatened to throw
him overheard.
-. .Cross-examined, by~eounsel. for de-
fense.-0 o. Riley said Askby had got him
doEps and he had got away, and thai
Ashbya had caught him again. ga
Here The Court adjonrned tiIl2o'clOek,
fP..M. '@#
AFTERNOON SESSION.
Col. DENLY was sworn, and said -
Since the adjournment, 4 was aboard OF
Travis e& Co. q wharfboak Here Mr..
Derby produced d plan of the boat,
| showing rtheF dimensions gpf the office
Eahd Ehall adjoining, and $the stairway
leading up To the Office, consisting Of
sixteen steps.
Cross-examined by Prosecuting At
torney There is no outside door in
the office or hall can't state whether
there is any guard to the boat below.
Robert Marshall, witness for the State,
cross examined-I was staying on the
wharfboat TO sell coal Did not see
O'Riley till nearly diuner2-had not been
acquainted with O'Riley or Ashby pre-
,Fiops to- that day There had been
words Between The parties before Capt.
Ashby went on the steamer America.
Didn't hear Ashby say anything TO ORR
ley about the boat being aground. Don I
recollect that O'Riley said he had been
on watch. The words seemed angry,
Ashby was mad. He did not threaten
to throw O'Riley overheard. When we
went on the America, we left 0'Riley in
the Office. When l got into the hall, I
sat down by the stove. AS came up, I
looked in az thedoor or window at them,
and Jaw them standing. Ibid not hear
anything said at that time
Think Ashby had on his hat
Don't remember whether O'Riley had
on his hat and shawl Heard Ashby or
der O'Riley off the boat Don't remem-
Der that o Riley offered Ashby anything.
O'Riley had on his hat and shawl before
we went on the America Heard a
scuffle IN the Office. When / heard the
scuffle looked in. O'Riley was getting
up out of the corner of the boat, to the
left of the door. Could not tell how
long the scuffle continued. They we're
in, there about ten minutes. Didn't hear
0RiIey begging him not to takehis life.
Think he walked. out to go away. NY
back was towards the bow of tae boat,
and the door, when set down. When
looked around Riley was at the head
of the stairs, and Ashby;three or four
feet behind him. Ashby did not have
hold of him. After Ashby was shot, he
and O Riley took hold Of each other. /
took the pistol, away O'Riley rolled
down stairs j When he got of the boat
| saw him run upthe landing. Think
his hat was on in the Office. .Ashhy. was
Walking after him about three or four
feet-did not see deceased trying to get
hold of him.. .t -
Patrick Fitzpatrick, witness for the
defense, was sworn and said-I was
Watching on the wharfboat on Friday
night for Capt. 6AshbY a O'RileY has
been clerk on the boat On Friday
night he bad lent me the pistol He had
it in his bed room.G He slept in state
room towards the stern, He fred off
two shots as he said To scare away
thieves. Inever heard O'Riley fussing.
he 10 asqpiet maH- 8nafsosrrsn
Cornelius Lahey, witness for the de-
fetse, was sworn, and said: was stand
ing on the stage plank of the wharfboat
when the shooting took place. II heard
Some one halloW, g Catch that man, he
has shot 10. Ashby.1 I followed bin up
tie wharf. They halloed, !" Shoot him,
and I followed him. He gave ups Could
notsay whether he had any hator shawl.
His shawl was put on Ashby's body.
Don't know who found the shawl Have
been watchnan at theslanding. OReily
was clerking on the Wharfboat.
Cross-examined by the Prosecuting
Attorney Do not know where the
hse was found. I did not see it
o.. the boat The shawl was lying
about four feet from the head of the
stairs. <ESsA&13 - SEA
DR.. Mageniss,. witness for the defense,
was sworn, and said;y As-sso tfiaA
First saw O'Riley on the 9th inst, at
6ioel6ckA M. He was in great trepi-.
dation and nervous prostration, eye
iblacked, confusion on his belly, and 6ruise
ON Fightssile Of The head. The skin on
his throat was broken. The bruise on
his belly corresponded to the torn place
in his pants. l think the kick was Sc
we're. Collected to- Blood was efused
under theskin Have known Mr. o. Riley
ten years. He lis an extremely quiet
man. believe be had been addicted 70
drinking oflate / knew Ashby. Should
FsAy that AshBy was physica ly twice as
good a man as O'Riley.e DR.. Thompson
aud I,ordered opium for 0'Riley. and l
Afterwards took him some whisky.
Patrick Boyle, witness for the de-
tense, was sworn, and said: Have known
0iRiiey for some twelve years. Never
saw him quarrel with anybody. Ashby
was more powerful man.
a Cross,examined-Ha seen O'Reily
drink, perhaps, four or five times. 81
James FitzwilIiams, witness for the
defense, testified: Z"
! Have known the accused for several
years. He has been q quiet citizen.
Know Ashby. Don't know, about the
relative physical strength of the two.
Ashby was no doubt. the stronger Have
seen o. Riley frequently under the infu-
ence of liquor. II aE.Fso 5zfE
Hiram Nelson teeti6ed--Have known
ORiley a number of years has been
a quiet and peaceabfe citizen. Ashby
was stronger than G'Riley. My i'm
preston is, that O,Riley is the heaviest.
- - = 4sag
S@A young lady, employed in mil