Montgomery County sentinel., 1881-09-16

VINO STOOD close by the deceased when
the first shot was fired, and who, not
knowing either Of the prisoners, de.
scribed the person who had fred and
ran down the alley as the man with red
hair and side whiskers dressed in light
blue army overcoat and white soft hat,
and upon being directed to look at the
three prisoners, Immediately identified
Short as the man whom he had seen do
the shooting.
The testimony of these witnesses was
in nowise shaken upon cross-examna-
ton.
Then the sworn ante-mortem state
ment of the deceased, taken by magis-
trato, was read to the jury. He said
that he had known Short personally
some time, but had never had any diff
Guilty with him. He fully identified
him as the man who fired the first shot
and then ran down the alley firing one
shot after another until he fired the last
and fatal shot almost in the face of the
deceased. He also fully described the
clothing worn by Short as it had been
described by the other witnesses.
These were all the witnesses to the oo-
currence, except the prisoners them
selves, and, of course, they could not
be heard The case against Short SEEM
ed to be as conclusively made out as
though score of witnesses had sworn
that they had seen him do the shooting.
Neither the Judge, the jury nor tho
spectators entertained the slightest doubt
of his guilt, and when the common
wealth, at this joint, closed its case, it
seemed as though the fatal moose was
already around his neck and his escape
impossible
Ryan heavcd sigh of relief which
was audible throughout the whole court
room, for he was safe; there was not
one word of testimony against him, or
any circumstance tending to show any
previous arrangement or concert Of ac-
ton between him and Short.
After whispered consultation be-
tween the counsel for the defence, one
of them rose and moved the court to di-
rect the jury to forthwith return a YER
dict of mot guilty as to Ryan, IN order
that he might be called as witness for
the other prisoner This was resisted
by the district attorney, and after lengthy
and elaborate arguments, the court de-
cided that it was bound to grant the
motion, and accordingly, Ryan was de-
clared "not guilty. and the verdict
recorded
Then came scene as dramatic to
those present as anything ever witnessed
on the stage. Without any opening
speech by Shorts counsel, Ryan, in
obedience to nod from his attorney,
stepped out of the prisoners dock and
into the witness box, looked around the
courtroom took up the bible, and was
sworn to tell "the truth, the whole truth
and nothing but the truth" Every head
was bent forward, every ear was on the
alert, every eye was fixed on the witness
something startling was expected
Would he attempt TO show that Short
had done the shooting in self-defcnse 2
That seemed the only thing possible
But how could he be believed in the face
of the the positive testimony of three
witnesses two OF them living and in
the courtroom, one Of them dead---mur-
dercd
Ryan stood for moment looking
down, and then slowly lifting his eyes
to the bench, in silence ins which the
falling Of u feather might have been
heard, he said
May ask the court a question p
The venerable judge, evidently sur
prised at being interrogated. looked at
him and said: +: Certainly, sir"
81 understand that | am acquitted
said Ryan, pausing for moment and
then continuing II want to know
from the court whether anything | may
say now can ever be used against nc in
any wayY"
What did he meanY What need for
that question. Every ono looked at bis
neigbbor inqurngly
The flushed face of the Judge showed
that be, at least, understood what it
meant---an attempt to swear his guilty
companion out Of the hangmans grasp.
Then, in tone Of unmistakable indig-
nation, came the answer:
i am sorry to say, sir, that nothing
you may say now can be used against
you; that is, on trial for murder. You
have boon acquitted
Ryan's face grew pale and then red,
and he said, slowly and distinctly
1t was who fired all the shots
not Short
Most Of the faces in the courtroom
wore looks Of increduity; some Of IN
dignation at the hardened wickcdncss
Of the man who had just been declared
innocent, and who, by bis own state
ment, had been guilty of murder, if he
ives not guilty Of perjury.
But quietly and calmly, without
tremor, as coolly as though he we're dos-
cribing some trivial occurrence which
he had casually witnessed, Ryan went
on, step by stop, detailing all that had
occurred, and when he had finished his
story there was probably not person
present who was not fully convinced not
only that Ryan had told tho simple truth,
but also that be himself had fred tho
fatal shot in self-defence, or at least un-
der such circumstances Of danger as
would have led any jury to acquit him
He detailed how he had fired the first
shot from a small, single barroled pistol
in the air without any purpose except to
give his challenger scare, and then ran
down the alley, aud upon being closely
pursued by the deceased with sabre drawn
and ready TO strike, he was compelled 10
pull out a revolver and fire several shots
toward his pursuer, who was rapidly
ginning on him, to keep him back aud
that when be had but one shot left no
stumbled over large stone and fell on
bis knees, and at this moment the de-
ceased struck at him with the sabre, cut
ting him slightly in the cheek, and. be-
ing thus pressed, he aimed aud fred the
tast ghot which gnbapuuentv nrovod