, 1866-10-05

out OF his pocket Lynch told him he had no
money in the house Mr.. Ryan then gave the
watch to man and told him to 90 and pawn il
'.Tex for $40i the ran refused to do So De-
ceased then said 'as you have said what you
have will go and get the money myself" and
went out with the watch. He soon came back
with $40 and set down to the table and COM
menced playing, also to talking about the half
dollar to get meal with, defendant and him
both talkhg. Deceased then spoke about some
blankets he had maid for for defendant defend
and finally deceased RcknOwl lodged tnat ne never
did pay for the blankets then they both agreed
to drop it and say no more about it. Mr.. Ryan
soon brought the subject up again, and they
both commenced to talk about it again, defend
ant then says "Johnny you agreed to say no
moreabout it," During this conversation they
| had off and on been talking about their card
game; at any rate, they finally agreed to say no
more about it and shook hands. After this
agreement had been entered into, Mr.. Ryan then
made gesture with hls hand, saying to defend
ant, Barney if you bring this up again I'll kill
you," and repeated it several times and in the
mean time saying to defendant, now you have
the advantage Of me. Saying to Barney, "now
you have the advantage of me, as have said
I'll kill you" About this time defendant took
his money and put it in his pocket, saying to
deceased that he did not want to play any more
deceased then said you have got to play, or
ant then said, "If want to quit have right
to do So" Deceased then finally acknowledged
that it was his right to quit if he wanted to.
Mr.. Ryan about this time got up from where he
set and went round the table to where Barney
set; then stepped out of doors and looked in
at the window. | saw Mr.. Ryan strike defend
ant with his right hand, Il think it was his right
hand but am not positiye) and at the same time
draw revolver or derringer out Of his pocket, !
saw the derringer in his hand at his side; about
| this time | heard the report of one pistol, as l
supposed; the lights were all put out by the
conclusion of the pistols heard some one fall
about the time Of the report; some one made a
remark "for God sake go in and light a light )
| then went in with Mr.. Barrett and ne lit light.
Mr.. Ryan was lying the floor and derriuger
lying at his feet. Defendant was sitting in his
chair with one leg upon the back Of a chair,
| leaning back when deceased struck him.
John Lynch sworn says: am bar-keepcr al
! Cosgroves saloon; on Saturday night last de-
ceased and defendant sat down at the table to
play cards for money. (bere the testimony agreed
j with former witness until after Ryan had struck
defendant) Defendant after he was struck, re-
treated until he got near room door, he then
| turned ronnd and drew his pistol and hredi ]
did not know that but one pistol had hredi de-
ceased had his pistol drawn all the time during
| the game ; deceased had been out OF the house
/ some IS or 20 minutes he left some man to play
] uls uauu deceased WAS IL Was OS-
tween 10 and II o'clock at night.
Cross Ezamiaed-Saw deceased shake his fin
ger at the defendant, saying Il will kill you if
you say that any more; now you have the best
OF me, as have said will kill yon.'
Peter Thomas sworn, says | am waiter in
! Bingham's Restaurant; was in COsgrOve's sa-
| loon last Saturday evening deceased came IN
when defendant proposed game Of poker, (hlS
| evidence was same as former witnesses, except
that Ryan shut the door and said no one else
should come in the house.)
| DR.. \. J. Hogg was sworn, says: | am reg
ular practising Physician and Surgeon l saw
deceased on last Saturday evening in Cosgroyes
saloon, be vas in dying condition; he died IN
about 10 minutes after first him. inspec-
ted the body, and found a wound just above the
right eye, which subsequently ascertained 70
be gun-shot wound. AT the request of Coroner
and Jury made pOstmortem examination;
found portion of a ball had passed through and
lodged in the back of the head the wound was
sufficient to cause death, and in my opinion caus-
ed the death of ]. J. Ryan.
S. W. Jones sworn, says; l heard deceased
say will chaw you up also, after deceased
had struck defendant and drew his pistol, heard
defendant say yes will fight you, and draw and
shoot. First part of evidence of witness cor
roborated the first two witnesses.) | saw de-
ceased draw his pistol out when they were talk
ing and put il on his lap; Barney said Johnny
don't draw your derriuger, won't fight you J
Ryan then put it up.
Thos Low sworn, says: (Witness did net see
much of the occurrence bnt corroborated other
witnesses.) 70.
W. J. Tompklns sworn, says; I made the ar
rest, Defendant gave himself up.
G. f. Thomas sworn, says Defendant came
to my house and said he thought that he had
hurt Ryan, and be wanted to give himself up; |
told him to wait till morning; he went to my
stable,
I A. J. Miner sworn found a ball in the wall,
it fit the derringer.
Al the conclusion of the testimony, the Justi-
ces announced that they would reserve their de-
cision until FIVE O'Clock in the afternoon. The
prisoner was then remanded to the custody of
the Sheriff, and the crowd dispersed.
THE FUNERAL.
Monday afternoon, at 2 o'clock, was the hour
fixed for the funeral Deceased was buried
from his late residence on Mill Creek, about one
fourth of a mile below town. The remains were
first removed to the Catholic Church, where
Father Halde oficiated in reading the sublime
service for the dead. The funeral cortege was
very large, and included delegation of the
Fenian Brotherhood, of which organization de-
ceased was meulOeE. 1ue MagoT anu Wv!
Council were also in attendance for the purpose
of paying the last sad tribute ofrespect to their
late fellow member. The funeral procession was
the largest ever witnessed at Walla Walla, and
served to show the high esteem in.which the un-
fortunate deceased was held. OF the surviving
relatives, he leaves an aged father and brother,
and wife and infant living in this city, who have
: the sympathy of the entire community in their
! deep Bereavement. Deceased was a native of
Albany, New York, and was in the 33d year of
his age. He originally came to the Pacific
coast in 1852, and had continuously resided at
wala walla since 1859. Cut off in the bloom
of manhood and without moments warning,
his fate is a sad comment upon the uncertainty
of human life.
THE JUSTICES DEcIsIoS.
~ On Monday afternoon, at o'clock, the priso-