Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1881-08-24

d
After running about one hundred yards
the pursuers came to the corner of al
alley and stopped under the gas lamp
being challenged by the deceased, who
was in unifo m and in company will
one of his squad. She swore that wher
the Corporal called halt Short, whom
she had known intimately for years, re
piled, Go to h-l,' and-while stand
ing at her side, so that their elbow!
were touching, both being Immediately
under the gas-light-he pulled out {
pistol, pointed it at the deceased, who
was four or FIVE feet from him, and fir.
ed and then ran down the alley, the
deceased pursuing him. She heard
four or five more shots fired, and imme
diaiely the deceased returned, wound
ed, and Short had disappeare d. While
the shots were being fired she saw bott
RYAN and Grey standing at the corner
some feet away from he:, and after
that they 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 wafer about fifty
feet wide and three or four feet deep
No traces of footsteps were found in
the snow except those of one man lead
ing 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 disap
peared on the other side.
The next witness was the soldier
who 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
a light-blue army overeoat 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 no wise shaken upon cross-ex-
animation.
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 identified
him as the man who had fired the first
shot and then ran down the alley, fir
ing one shot after another until he fired
the last and fatal shot almost in the
face of the deceased. He also fully de-
scribed the clothing worn by Short as
it had been described by the other wit
neSses.
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 shoot
ing. Neither the Judge, the jury nor
the spectators entertained the slightest
doubt Of his guilt, and when the Com
at this point, closed its
case it seemed as though the fatal rope
was already around his neck and his
escape was impossible.
Ryan heaved 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
action between him and Short.
After a whispered consultation be-
tween the counsel for the defense, one
OF them arose and moved the Court to
direct the jury to forthwith return a
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
after lengthy and elaborate arguments
the Court decided that it was bound to
grant the motion, and accordingly Ry-
an was declared mot guilty." and the
verdict was recorded
Then came scene as dramatic to
those present as anything ever wit
messed on the stage. Without any
opening speech by Shorts counsel RY-
an, in obedience to nod from his at
torney, stepped out of the prisoners
dock and into the witness box, looked
around the court room, took up the BIZ
BILE 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 winess-something start
ling was expected Would he attempt
to show that Short had done the shoot
ing in self-defense That seemed the
only thing possible. But how could
he be believed in the face of the posi-
tive testimony of three witnesses, two
of them living and in the court room,
one of them dead murdered
Ryan stood for a moment looking
down, and then slowly lifting his eyes
to the bench in a silence in which the
falling of a feather might have been
heard, he said:
May ] ask the Court question p
The venerable Judge, evidently sur
prlsed at being lnterrogated, looked at
him and said:
Certainly, SIR
Il understand that 1 am acquitted,
said Ryan, pausing for moment and
then continuing, Il want to know from
the Court whether anything may say
now can ever be used against me in
any way
What did he mean? What need for
that question? Every one looked at
his neighbor inquiringlv.
The flushed face of the Judge show
ed that he, at least, understood what
it meant-an attempt to swear his
guilty companion out of the hangman's
grasp Then, in tone of unmistaka-
BILE indignation, 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 been acquitted
Ryan's face grew pale and then led,
and he said SLOWLY and distinctlv.