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


FFcllmiaaFy Exam, nation of Aud CIV
O'Aefly..-thargetl with the Murder
OF captain 10. Ashby.
Below we give the preliminary exam
iuatiou of Andrew O'Reily, which took
place before Esqaire Chute, day before
yesterday. The accused was held I'd:
bail in tae sum Of 5000. go.
Robert Marshall was sRosp, and said
I was in the cabin Of Travis & Co.'S
wharf boat, when Capt 10. Ashby and
Andrew OiReiIy had fewsEords. sAshby
had been telling 0AReiiy be was not
doing right in not staying at the boat
and attending 20 his, business i do bot
know what ORiley said to Ashby. /
asked Ashby to go on the steamer Amer
lea with me, which he did, He was
little in advance of me in going back to
the wha4fboat, and whenI went up they
were both in the Office l sat down by
the. stoYe, in the hal, which is atthe side
ofthe ofseet and com mnnieates with it
by a door. They had some few words in
tu6E0y 0A4 6ttON 6AAb-AN nCGFu q cCulAACs
When looked in, saw O'Riley getting
up out of the corner. O'Riley walked
out into the hall Co. go down stairs. B
turned around TO The stove Again, and
instantly heard the pistol Gre. !
jumped up and got. between the two.
They both fell Just. as i got. between
them, and as l was taking the pistol from
U'Riley, After / had got the pistol,
% Riley ran or fell down the stairs, II
think fell down. then ran down and
called toga man--I think the watchmans
of the Carlew-foacateh o. Riley, that he
had shot Ashby,
ss Question BY, the Prosecutor Did,ypu
see Ashby and 0Riley at the timaathe
shot was fired?
Answer--I saw them together when |
came up from the Amesica. They wee
talking in The office, and ] sat down in
The hal and paid no attentions to them
Ashby was in the hall when next saw
him, about three steps from O'Rileys
ITtbougfIt O. Riley Was going down,
sstafs. ~ &tRrned- Aaround 10 fine stove
again; then the pistolswent off
Questiori-WAsSO O, Riley lin the Office
ior in the hall when he shotf rasselg
a Answer-Ha was out in the hall, Al
the head Of the stairs when be shot.
Qnestion--Where was Ashby when he
was shot?
n Ans#er--Hs was, about three steps
from o Riley ssAa1.sA VI u -
Question-What kind of pistol was
it that O'Riley used2 &c ss2@sa
Answer-It was a revolver; the bar
rel was from four to six inches long.
: Qnestion-When did sAshby lall2
AAnswer--I don't think it was quite
minute efterwara. HI
Qdestion-Are you positive they were
as much as three feet q part whenaO Ri
ley shot2
4. Answer--Y ca, Il think theyiwere oil
that; perhaps more. g = a4l4 e = Z
Question by Prosecutor--How long did
Ashby live after he was shot2
z Answer--I can't tell just Ehow long.
I was absent from The boat about five
minutes, when I came back be was
breathing o little, and died in leas than
two minutes afterwards.
Question by Proseentor--D Did you hear
the words that passed between the
ipartiez in the office 2 IF SO, repeat
them. !
Answer-I did not. aiai7isAl =
Questiop-rDid Ashby follow 0'Riley
into the ball sbsEb
Answer-He came out after him into
the hall
Question-Did they have hold of each
other in the hall ?
Answer did not see them have
hold of each other until Just as they
fell, and after the shot was fred.
Question-Was there any scufling in
the hall 2
Answer--Nc, sir. U -
Cross examination of the witness was
deferred TO enable the defense to pro-
cure plan Of the boat.
Samuel Havelin was sworn and
said
. On the evening Of ihe 5sh heard a
noise and confusion at the corner of
Vine aud Water Streets. Iweut down.
met O Riley and James Hughes at the
corner / heard O'Riley say something
about killing-I did not nnd erstand
what. O'Riley said, ".Sam, ! wish you
would get my shawl and hat and fetch
them to me- / went up stairs on thel
wharfboati, ((Travis q Co.'S j !. Captain
Ashley was lying four or i've feet from
the top Of the stairs, about ha, n Z doubled,
just as he had fallen on the floor No
body had examined him. i opened his
coat, and right in the left breast, just
below the nipple, I found the wound. ]
He was still breathing, 1t was wound
that could almost put my little finger
in. The pistol was lying on the floor.
1t was French Navy Revolver, .barrel.
about four inches long, James McD DOM
aid picked it up and gave it to the
Sheriff, ca pistol was here brought
into Court, and the witness stated that it
was like the one found, but could n6t4
say. it was the, same. ]. was at The
Coroner's Inquest-was foreman of the
Gross-examined BY counsel for de-
fendant--Capt. Ashby's body. was not
served but little Inference from his orr
binary appearance.---He looked as
though he had died instantly. Did not
see any bruises on his face-no marks
of violence. Did not look as though he
had heen struck. He usually wore his
cap low down on his forehead. 4
Re-examine d-- He Wasgnos undressed
before the coroner's inqu sstgesza
James Hughes was swora, md said
On Monday evening was walking down
River street, and heard some one hal.
low, Stop. I saWia light moving up
the levee. When / went down, there was
a crowd Of six or eight. They tried to
get @ Riley back to. the boat. He said
he was going to give. himself up.
asked him what was the matter. He
said he thought he had killed 10 Ashby.
| asked him why he did IT. He said, al
could not help it. he tried to kill me.
He jumped on me once, and tried to
whip me- and jumped on me second
time.
Cross-examined-It was between six
and seven o'clock P. M. Don't think
the gas was it, Do. not remember.
Wien I frat saw him, they were ALL
n Tad d.