River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1881-07-14


ed on the stage. Without any opening
speech by Shorts counsel Ryan, in
obedience to nod from his attorney,
stepped out of the prisoners box and
into the witness-box, looked around the
room; picked 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 fixed on
the witness-somethipg startling was
expected Would he attempt to show
that Short had done the shooting in
self-defense? That seemed to be the
only thing possible. But how could he
be believed in the face of the positive
testimony of three witnesses, two of
them living and in the courtroom, one
of them dead-murdered.
Ryan stood for a moment looking
down, then slowly lifting his eyes to
the bence, in the silence in which the
falling of a feather might have been
heard, he said:
MAY ask the court a question:"
Certainly, sir"
81 understand that l am acquitted"
said Ryan, pausing for moment, and
continuing: 81 want to know whether
anything / may now say can ever be
used against me in any way?"
What did he mean? What need for
that question? Every one looked at
his neighb0r inquiringly.
The flushed face of thejudge showed
that he, at least, understood that ii
meant an attempt to swear his guilty
companion out ofthe hangman's grasp.
Then in tone of unmistakable indig-
nation came the answer:
81 am sorry to say, sir, that nothing
you may say now can be used against
you = that is, on a trial for murder
You have been acquitted"
Ryan's face grew pale and then red,
and he said, slowly and distinctly;
'iIt was | who fired all the shots-not
Short"
Most of the faces in the courtroom
wore looks of incredulity; some of in
dignation at the hardened wickedness
of the man who had just been declared
innocent, and who, by his own state
ment, was guilty of murder, if he was
not guilty of perjury.
But quietly and calmly, without q
tremor, as cody as though he were de-
scribing some trivial occurrence which
he had casually Witnessed, Ryan went
on, step by step, detailing all that had
occurred, and when he had finished mis-
story there was probably not person
present who was not fully convinced
not only that Ryan had told the simple
truth, but also that he had himself fired
the fatal shot in selfdefense, or at least
under such circumstances of danger as
would have led any jury to acquit him.
He detailed how he had fired the
first shot from small single-barrel pis-
toll in a air without any purpose except
to give his challenger a scare, and then
ran down the alley; and, on being
closely pursued by the deceased with
saber drawn and raised to strike, he
was compelled to draw out a revolver
and fire several shots toward his pur-
suer, who was rapidly gaining on him,
to keep him back; and that when
he had but one shot left, he STUN
bled over large stone and fell
on his knees, and at this moment
the deceased struck at him with
the saber, cutting him slightly in the
cheek, and being thus pressed, he
aimed and fired the last shot, which
subsequently proved fatal He further
told how, upon recovering his feet, he
ran, waded through the stream, and
finding that he had lost his hat when
he fell, retraoed his steps. recrossed the
stream, found the hat, and then went
to a hotel, where he was seen by sever
al witnesses to dry his clothing His
manner, his bearing, and his story it.
self convinced his hearers that he was
telling the truth.
But, so that nothing might be want
ing if any doubt remained in the
minds of the Judge or jury, witnesses
of undoubted veracity were called who
corroborated him as to the condition of
his clothing and the cut on his cheek
renee. Besides it was shown that, al
though the man who had fired had
waded through the stream, Shorts
clothing was perfectly dry.
1t is unnecessary to say that Short
was promptly acquitted and warmly
congratulated on one of the narrowest
escapes every made by any man in a
courtroom. Nothing could have saved
him had the court refused to direct the
acquittal of Ryan and allowed him to
testify.
The deceased corporal, the soldier,
and Mary Bowen were mistaken. That
was all there was about it.
So much for the occasional unrelia-
bility of the direct testimony of eye
witnesses.
And SO much, also, for giving the ac-
cused an opportunity to be heard on
witness stand, the denial of which by
the law is one of the relics of barbarism
which still disgraces its administration
in some states at this late day.