Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-10-08

beth Ryan and Grey standing at tne cor
ner some feet away from her, and after
that they separated and she went home.
It was also proved that this alley was
bounded on either side by high fences, diff
cult 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 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 knowing 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 overcoat 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-eXamiuation.
Then the sworn ante mortem statement
of the deceased, taken by magistrate,
was read to the jury. He said that he had
known Short personally for some time, but
had never any difficulty with him. He
fully identified him as the man who had
fred the first shot and then ran down the
alley, firing 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 witnesses.
These were all the witnesses to the oc-
cuTrence, except the prisoners themselves,
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 the
commonwealth at this point, closed its case
it seemed as though the fatal rope was
already around his neck and his escape i'm
possible.
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 between
the counsel for the defense, one of them
rose and moved the Court to.direct the
jury to return verdict of "not guilty y
as to Ryan, in order that he might be
called as witness for the other prisoner.
This was resisted by the District Attorney,
and, after lengthy and elaborate argu-
ments, the Court decided that it was
bound to grant the motion, and according
ly Ryan was declared "not guilty." and
the verdict recorded.
Then came a scene as dramatic to those
present as anything ever witnessed on the
stage. Without any opening speech by
Shorts counsel, Ryan, IN obedience to a
nod from his attorney, stepped out OF the
prisoners dock and into the witness.boX,
looked around the Courtroom took up the
Bible and was sworn to tell the truth,
the whole truth and no hing but the truth. .
Every head was bent forward, every ear
was on the alert, every eye fixed on the
witness startling was expected.
Would ne 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 posi-
tive testimony Of three witnesses, two of
them living and in the Courtroom, one OF
them dead-murdered
Ryan stood for moment looking down,
and then slowly lifting his eyes to the
bench in silence in which the falling of a
feather might have been heard, he said
50 May ask the Court a question 2
The venerable Judge, evidently surprised
at being Intercepted, looked at him and
said: Certainly, sir.
GO understand that l am acquitted, >
said Ryan, pausing moment and then
continuing: 81 want to know from the
Court whether anything l may say now
can ever be used against me in any way p
What did he mean? What need for that
question Every one looked at his neigh
Dor inquiringly.
The flushed face of the Judge showed
that he, at least, understood what it meant
an attempt to swear his guilty companion
out of the hangmans grasp. Then, in a
tone of unmistakable Indignation, came
the answer:
81 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 red, and
he said slowly and distinctly:
1t was, who fired all the shots-not
Short"
Most of the faces in the Courtroom 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 muir
der, if he was not guilty of perjury.
But, quietly and calmly, without ire
NOR, as coolly as though he was describing
some trivial occurrence which he had casu-
ally witnessed, Ryan went on, step by step,
he had finished his story there was proba-
bly, not a 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 self-defense, 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 q small single. barreled pistol in
the air without any purpose except to give
his challenger scare, and then ran down
the alley, and upon being closely pursued
by the deceased with sabre drawn and
raised to strike. he was compelled to pull
out a revolver and fire several SHIFTS
towards his pursuer, who was rapidly gain
ing on him, TO him keep back and thatwhen
he had but one shot left he stumbled over
large stone and fell on his knees, and at
this moment deceased struck at him with
the saber, cutting him slightly in the cheek,
and, being thus pressed, he aimed and
fred 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, 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
convinced 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 the jury, witnesses of undoubted
varacity were called in who corroborated
him as to the condition of his clothing
and the cut on his cheek within fifteen