The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1881-06-15


looked about the court room, 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 fixed on
the witness-something startling
was expected. Would he attempt
to show that Short had done the
shooting in self-defense ? That
seemed 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 court room, one of them dead
murdered.
Ryan stood for moment looking
down and then slowly lifting his
eyes to the bench, in q silence in
which the falling of a feather might
have been heard, he said:
MAY ] ask the Court ques-
ton ?"
The venerable Judge, evidently
surprised at being interrogated, look
ed at him and said Certainly,
sir"
IL understand that | am acquit-
ted" said Ryan, pausing for mo-
ment and then continuing: II want
to know from the Court whether
anything l may say now can ever
be used against me in any way ?"
What did he mean /? What need
for that question I? Everyone looked
at his neighbor inquiringly ?
The flushed face of the Judge
showed that he, at least, understood
what it meant-an attempt to swear
his guilty companion cut of hang
mans grasp. Then, in a tone of un-
mistakable indignation, came the
answer
II am sorry to say, sir, that moth
ing you may say now can be used
against you 4; that is, on trial for
this murder. You have been acquit-
ted"
Ryan's face grew pale and then
red, and he said, slowly and dis
tipctly
'It was l who fired all the shots
not Short"
Most of the faces in the court
room wore looks of incredulity /;
some of Indignation at the hardened
wickedness of the man who had just
been declared innocent and who, by
his own statement was guilty of
murder, if he was not guilty of per-
jury.
But, quietly and calmly, without
tremor, as coolly as though he
was describing some trivial occur
renee which he had causually wit
messed, Ryan went on, step by step,
detailing all that had occurred, and
when he had finished his story there
was probably not a person present
who was not fully convinced not
only that Rayan had told the simple
truth, but also that he himself had
fired the fatal shot in self-defense,
or at least under such circumstances
of danger as would have led any
jury to acquit him.
He detailed how he had fred the
first shot from a small, single-bar-
relied pistol in the air without any
purpose except to give his challeng-
er a scare, and then ran down the
alley and upon being closely pursu-
ed by the deceased with sabre drawn
and ready to strike, he was compell-
ed to pull out a revolver ard fire
several shots towards his pursuer,
who was rapidly gaining on him, to
keep him back; and that,when chad
but one shot left he stumbled over
a large stone and fell on his knees,
and at this moment the deceased
struck at him with the sabre, cut
ting him slightly in the cheek, and,
being thus pressed, he aimed and
fired the last shot, which subse-
quently proved fatal. He further
told how, upon recovering his feet
he ran, waded through the stream
and finding that he he had lost his
hat when ne fell, retraced his steps,
recrossed the stream, found the hat
and then went to hotel, where he
was seen by several witnesses to dry
his wet clothing. His manner, his
bearing and his story itself convinc-
ed his hearers that he was telling
the truth.
But, so that nothing might be
wanting if any doubt remained in
the minds of the Judge or jury, wit
nesses of undoubted veracity were
called TO corroborate him as to the
condition of his clothing and the
cut on his cheek within fifteen min
utes after the occurrence. Besides
it was shown that, although the
man who had fired had waded the
stream, Shorts clothing was perfect
ly dry.
1t is unnecessary to say that Short
was promptly acquitted and warm
ly congratulated on one of the mar
rowest escapes ever made by any
man in a court room. Nothing
could have saved him had the Court
refused to direct the acquittal of
Ryan and allow 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 unre-
liability of the direct testimoney of
honest eye-witnesses.
And SO much, also, for giving the
accused an opportunity to be heard
on the witness-stand, the denial of
which by the law is one of the rel
les of barbarism which still disgrace
its administration in some states at
this late day.
LAWYER xxx.