Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1881-08-08
and obtained separate trial-and each
was defended by separate counsel.

cause of death and the Identification of
the body of the deceased as the person
named in the Indictment the common
wealth called as its first witness wom-
an, Mary Brown. She bore a bad repu-
tation for chastity, but nobody questioned
her integrity of purpose to tell, reluc-
family, it is true, the whole truth. The
prisoners were all her friends, and were
constant visitors to the drinking saloon
of which she was proprietress. She was
a woman of powerful physique, almost
masculine frame, great force of charac-
ter and more than ordinary intelligence.
From her testimony it appeared that
colored woman with whom she had
some dispute had hit her on the head
with stone and ran, and the three
prisoners coming up at the moment,
started up the street with her in search
of the fugitive. Although the night
was dark, there was snow on the ground
and gas-light near by gave sufficient
light to enable one to recognize person
with ease some feet away. After run
ming about 100 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
shalt" Short, whom she had known in
timately for years, replied go to HI"
and while standing at her side, so that
either elbows were touching. both being
Immediately under the gasllght. he pull
ed out pistol. pointed it at the deceas-
ed, who was four or five feet away from
him, fired, and ran down the alley, the
deceased pursuing him. She heard four
or five more shots fired, and Immediate
ly the deceased returned, wounded, and
Short disappeared. While the shots
were being fired she saw both Ryan and
Grey standing at the corner some feet
away from her, and after that they sep
arated and 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 wa
ter 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 to 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 know.
ing either of the prisoners, described the
man who had fired and ran down the al
ley as having red hair and side whisk
ers. dressed in light blue army over
coat and white soft hat, and upon being
directed to look at the three prisoners
Immediately identified Short as the maj
he had seen do the shooting.
The testimony of these witnesses was
in no wise shaken upon cross-examina
tion.
Then the sworn anti-mortem state
ment of the deceased, taken by a magis
trate, was read to the jury. He sait
that he had known Short personally fo
some time, but had never had any trou
: BILE with him. He fully identified hin
as the man who had fired the first shot
and then ran down the alley, firing on
shot after another until he fired the las
I fatal shot almost in the face of the de
ceased. He also fully described tn
e clothing worn by Short as it had bee
described by the witnesses.
/ These were all the witnesses to th
: affair except the prisoners themselves
: and, of course, they must not be hearG
r The case against Short seemed as cor
: clusively made out as though score {
e witnesses had sworn they had seen hil
q do the shooting. Neither the judg'
i the jury or the spectators had the sligh
s est doubt of his guilt, and when tt
commonwealth, at this point, closed il
e case, it seemed as though the fatal roI
e was already around his neck and oscar
l. impossible.
= Ryan heaved sigh of relief that W;
'e audible throughout the whole court-roo
for he was safe; there was not one wol
re of testimony against him or any circur
d stances tending to show any previous a
h rangement or concert of action betwet
s. him and Short.
a After whispered consultation b
lie tween the counsel for the defense, Of
of them rose and moved the court to &
OF rect the jury to return verdict of ''n
e, guilty as to Ryan, that he might
TX called as witness for the other priso
er. This was resisted by the distri
ed attorney, and, after lengthy and elat
ly rate arguments, the court decided tn
rd it was bound to grant the motion, al
as accordingly Ryan was declared "n
at guilty" and the verdict recorded.
n Then came scene as dramatic
ce those present as anything ever witness
on the stage. Without any openi