Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1881-06-02

iudu VI m6ulum Q6lSub, Weighing luliy
two hundred pounds, with full, black
beard reaching nearly to his waist But
as the evidence subsequently showed
that he had not fired the shot, it is un-
necessary to describe his appearance
more minutely.
Certainly it is difficult to imagine
two men more unlike than Short and
Ryan, or less Fable to be mistaken fol
each other, even by strangers, much
less by their acquaintances. There was
no possibility here for a case of mis-
taken identity.
Short and Ryan were tried together
with their consent-Grey having asked
for and obtained a separate trial-and
each was defended by separate counsel.
After the preliminary proof relating
to the post-mortem examination, the
cause of death and the Identification OF
the body of the deceased as the person
named in the indictment, the commen-
wealth called as its first witness a
woman, Mary Bowen. She bore bad
reputation, but nobody questioned her
purpose to tell, reluctantly, it is true,
the whole truth. The prisoners were
all her fri nds, and were constant Wis
itors to the drinking saloon of which
she was proprietress. She was a
woman 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 mo-
ment, 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 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, re-
piled, $50 to -" and while standing
at her side, so that their elbows were
touching, both being Immediately un-
der the gaslight, he pulled out pistol,
pointed it at the deceased, who was four
or five feet from him, and fred and then
ran down the alley, the deceased pursu-
ing him. She heard four or five more
shots fred, and Immediately the deceased
returned wounded, and Short disap-
peared. While the shots were being
fred she saw both Ryan and Grey stand
ing at the corner some feet away from
her, and after that they separated and
she went home. It IVES 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 evi-
dent that the person who had fired had
not climbed either fence, but had waded
through the stream and disappeared 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 know
ing either of the prisoners, described
the person who had fred and ran down
the alley as the man with red hair and
side whiskers, dressed in light-blue
army oyercoat 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-examina-
ton.
Then the sworn ante-mortem state
ment of the deceased, taken by magis-
trate, was read to the jury. He said
that he had known Short personally for
some time, but had never had any diff
Guilty with him. He fully identified him
as the man who had fired the first shot
and then ran down the alley, firing one
shot after another until he fred the
last and fatal shot almost in the face of
the deceased. He also fully descri5
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 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 tt g COM
monwealth at this point closed its case,
it seemed as though the fatal rope was
already around his neck and his escape
impossible.
Ryan heaved sigh of relief which
was audible throughout the whole
courtroom, 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 whispered consultation be-
tween the counsel for the defense, one
of them rose and moved the court to
direct the jury to forthwith return a
verdict of "not guilty as to Ryan, in
order that he might be called as a 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,
Ryan was declared not guilty" and
the verdict recorded.
Then came a scene as dramatic to
those present as anything ever wit
messed 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 tsie
Bible and was sworn to tell g 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 start.
ling was expected. Would he attempt
10 show that Short had done the shoot.
ng in self-defense? That seemed the
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