The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-05-05

CIRCUIT COURT PRoCEEDINGS.-The trial
of Andrew j. O'Riley, for the murder of
Jeseph44shby, onrthe wharf-boat of Travis
& Co., on the 9TH day of February last, was
resumed yesterday morning. The jury
having been previously empanneled, and
all being present, the examination, of the
witnesses was at once commenced: II sSsA
Robert Marshal, witness for the State,
was called to the witness stand. He stated
as he had previously done, on his prelimi-
nary examination, that he was i'm the
cabin of the wharf-boat, while Ashby and
the defendant were standing at the stove;
that the steamer America came into port;
he (the witness) and Ashby went on board
the boat; Ashby said he wanted the wit
ness to stay with him, that he was going to
send O'Riley away. On returning to the
wharf-bOat Ashby and OiRiley went into
the office; there they had some trouble;
witness heard some scuffiing and noise !;
after which both left the office; O'Riley
o'Riiey stated That ReReSfd no loud loud
talking, nor no great disturbances; after
leaving the once he heard the pistol FIRE;
head of the stairs. ssfffr {lffr
In the ross-examination the following
facts were ELECTED: fffs . w4sTa
That Ashby had said that he intended to
put O'Rlley away; that he would throw
him oveTpoard on the deep side:a Heldid
not see the defcndantS throat bleeding
nor any marks Of violence on him at the
time the pistol was fired. Ashby was about
three steps behind O'Riley when the pistol
was fired; that he-the witnesS-took hold
of Ashby, and that all fell together. He
stated that he did not hear the defendant
pleading with Ashby in the office not to
hurt him; and that, physically, he thought
one was as good q man as the other
samuel Havelin testified that he went on
the wharf-boat, and saw .Ashby dead at
the mead OF the stairs, and that he lived
several seconds; that the pistol was picked
up by Captain Mcdonald Ashby gasped
several times.
Capt. Mcdonald said he did not see the
shooting, but heard the pistol fire; he saw
a man run over the trucks on fhe wharf
boat, and fall; he pursued and caught him
about sixty yards from tn e vharf-boat ! he
said that Ashby had lived about three
| minutes. ~ sessf ~. y =
On the cross-exarainatio, ba sold that
ne had asked James Hughes to take the
ueiendanti he was sure That (l,Riley was
the man WHO had stumbled over file frl1clS
as he did not lose sightsof hiisl. -
James 9ess hughes was introduced as a wit
ness for the defence. He stated that he
saw a crowd on the wharf and that he
went up and saw O'RiIey there. he fthe
defendant) said that he would give his own
NE 10 restore that OF Ashby that o Riley
much frightened :; o Riley said that he had
KILLED Joe Ashhy; thai he could not help
~; tnat AshDy had kicked and choIxed
him; ORiley's eye was red, and there was
blood ON his cheek = 49,
| "a ThOs. AIcDermot testified that no ..,as m
the Wharf-boat, near the door on the ont
SIDE, andthat he sat down at the foot of
the STAIRS lie heard a man ssy--ss eft me
/ go on the boat, and won't trouble you no
never leave the boat until 7 kin Won . and
that he would kill the man pleading, and
throw him into the river He had heard a
noise and scuffie, like two men, and one