River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1881-07-14
A VERY NARROW ESCAPE.
Direct Evidence often Cntrust,


from the camp on the outskirts of the
town, Corporal Julius Fry was shot and
killed by one of three men of bad G. N
acter, who were in company and upon
terms of emnity with the soldiers. The
on and brought to trial at the next
term of court. Two of them were gam
blers and desperadoes, and supposed
to have more than once had their
hands stained with human blood. The
third, whom | shall call Short,
though bearing an unenviable reputa-
ton, was regarded as one unlikely to
slay fellow man, except under COM
pulsion of circumstances. On account
of the character of the men and the
trouble they had already brought upon
quiet, law-abiding citizens, the senti-
ment of the whole community was
strongly against them.
In order to clearly understand the
force of the testimony given upon the
trial and the subsequent result, it is inn
portant to bear in mind the PHYSICAL
peculiarities, dress, and general appear
ance of each of the three prisoners.
Short was a small man of not more
than five feet SIX inches in hight, slen-
der, weighing scarcely $50 pounds, with
bright, fiery-red hair and side whiskers,
and, at the time of the murder, wore
an old light-blue army overcoat.
Ryan was fully six feet in hight, of
robust frame, with black hair and
mustache, dressed in dark clothes, and
wore dark Derby hat Grey was a
heavy Droad-shouldered man of medi-
UNI hight, weighing fully 200 pounds,
with a full black beard reaching
nearly to his waist But as the evidence
subsequently, showed that he had not
fired the shot, it is unnecessary to des-
cribe his appearance more infinitely.
Certainly it is difficult to imagine two
men more unlike than Short and Ryan,
or less liable to be mistaken for each
other even by strangers, much less by
their acquaintance. There is no pos
sibility here for a case of mistaken
identity.
Short and Ryan were tri. d together,
with their consent-Grey having asked
and obtained a separate trial-and each
was defended by separate counsel.
After the preliminary proof relating
to the post-morten examination, the
cause of death and the Identification Of
the body of the decea sed as the person
named in the Indictment the common
wealth called as its first witness a wo-
man, Mary Bowen. She bore bad
reputation for chastity, but no one
questioned her integrity or her pur-
pose to extraordinarily, it is true-the
whole truth. The prisoners were all
her friends, and were constant visitors
to the drinking saloon of which she
was the proprietress. She was wo-
man of powerful physique, almost
masculine frame, great force of char
acter, and more than ordinary intelli-
gence.
From her testimony it appeared
that a colored woman with whom she
had had some dispute, had hit her on
the head with a stone and ran, and
the three prisoners, coming up at the
moment, started with her up the street
in pursuit of the fugitive. Although the
night was dark there was snow on the
ground, and gas lamp near by gave
sufficient light to enable one to recog-
nize a person with ease some feet away.
After running about one hundred yards
the pursuers came to the corner of an
alley and stopped under the gas lamp,
being challenged by the deceased who
was IN uniform, in company with one
of his squad. She swore that when the
corporal called 'halt," Short, whom she
had known intimately for years replied
"Go to HI" and while standing at her
side, so that their elbows were touch
ing, both being Immediately under the
gaslight, he pulled out a pistol pointed
it at the deceased, who was four or five
feet from him, and fired and then ran
down the alley, the deceased pursuing
him. She heard four or five more shots
fired, and Immediately the deceased
returned wounded, and Short disap-
peared. While the shots were being
fred she saw both Ryan and Grey
standing at the corner some feet away
from her, and after they had separated
and she went home. 1t was also proved
that this alley was bounded on either
side by high fences, difficult to climb
and led down to stream of water about
fifty feet wide, and three or four feet
deep. No traces of footsteps were
found in the snow except those of one
man leading down into this stream, and
it was evident that the person who had
fired had not climbed either fence, but
had waded through the stream and dis
appeared on either side.
The next witness was the soldier who
stood close by the deceased when the
first shot was fired, and who, not know
ing either of the prisoners, described
the person who had fired and ran down
the alley as the man with red hair and
side whiskers, dressed in light blue
army oveicoat and white soft hat, and
upon being directed to look at the
three prisoners identified Short as the
man whom he had seen do the shoot
ing.
The testimony of these witnesses was
in no way shaken upon cross-examina-
ton.
Then the sworn ante-mortem state
ment of the deceased, taken by mag
istrate, was read to the jury. He said
that he had known Short personally
for some time, but had never had any
difficulty with him. He fully identi-
fed him as the man who had fired the
fatal shot, and then ran down the al
ley, 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 |
occurrence, except the prisoners them
selves, and, of course, they could not |
be heard. The case against Short |
seemed to be as conclusively made out
as though a score of witnesses had |
sworn that they had seen him do the
shooting. Neither the judge, the jury, |
nor the spectators entertained the |
slightest doubt of his guilt, and when |
the commonwealth, at this point,
closed its case, it seemed as though the /
fatal rope was already around his neck
and his escape impossible
Ryan heaved a sigh of relief which
was audible throughout the whole |
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 action between him and Short.
After a whispered consultation be-
tween the counsel and the defense, one
of them rose and moved the court to
direct the jury to forthwith return
verdict of mot guilty" as to Ryan, in
order that he might be called as wit
ness for the other prisoner This was
resisted by the district attorney, and,
II II. L