Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-07-17

The case against Short seemed 10 DC Us
conclusively made out as though score
of witnesses had sworn they had seen him
do the shooting. Neither the judge, the
iurv. 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 es-
cape 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 clrcum-
stance Tending to show any previous ar
rangement 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 dir
Get the Jury to forewith return verdict
of not guilty 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 argument, the court de-
cided that it was bound to grant the mo-
ton, and accordingly Ryan was declared
''not guilty. and the verdict recorded.
Then came scene as dramatic to those
present as anything ever witnessed 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
the Bible and was sworn to tell "the
truth. the whole truth, and nothing but
the truth" Every head was bent for
ward, every ear was on the alert, every
eve fixed on the witness-sOmething
startling was expected. Would he at
tempt 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 positive
testimony of three witnesses, two of them
living and in the courtroom, one Of them
dead-murdered?
RYAN stood for a moment looking
down, and then, slowly lifting his eyes to
the bench, in silence in which the fall
inc of feather might have been heard,
said:
"May I ask the court question:
The venerable Judge, evidently sur
prised at being Intercepted, looked up
and said:
"Certainly. sir"
81 understand that 1 am acquitted"
said Ryan, pausing for moment and
then continuing: 81 want to know
whether anything say now can ever be
used against me in any way?'
What did he mean? What need for the
question? Everybody looked at his neigh
Dor inquiringly.
The flushed face of the judge showed
that he, at least, understood that it
meant an attempt to swear his guilty
companion out Of the hangman's grasp.
Then in a tone of unmistakable indigna-
ton came the answer:
II 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, then red, and
he said, slowly and distinctly:
at was 1 who fired all the shots-not
Short
Most of the faces IN the court room
wore look of incredulity; some ofindig
nation at the hardened wickedness of the
man who had just been declared inno
cent, and who by his own statement was
guilty of murder, if he was not guilty of
perjury.
But, quietly and calmly, without a
tremor, as coolly as though he were de-
scribing some trivial occurrence, which
he had casually witnessed, Ryan went on
step by step, detailing all that had oc-
Cured, and when he had finished his
story there was probably not person
present who was not fully convinced not
only that Ryan had told the simple truth,
but also that he 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 small barreled pistol in the
air without any purpose except to give
his challenger scare, and then ran down
the alley, and, upon being closely pur-
sued by deceased with sabre drawn and
raised to strike, he was compelled to pull
out revolver and fire several shots to-
ward his pursuer, who was rapidly gain
ing on him, to keep him back; and that,
when he had but one shot left he STUN
bled over a large stone and fell on his
knees; and at this moment the deceased
struck at him with the sabre, cutting him
slightly in the cheek, and being thus
pressed, he aimed and fired 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 q
hotel, where he was seen by several wit
nesses to dry his clothing His manner,
his bearing and his story itself convinc-
ed 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 jury, witnesses of undoubted
veracity were called who corroborated
him as to the condition of his clothing
and the cut of his cheek within fifteen
minutes after the occurrence. Besides it
was shown that, although the man who
had fired had waded through the stream,
Shorts clothing was perfectly dry.
1t is unnecessary to say that Short was
promptly acquitted and congratulated On
one of the narrowest escapes ever made
by any man in the court room. Nothing
could have saved him had the court re-
fused to direct the acquittal of Ryan and
allowed him to testify.
The deceased corporal, the soldier and
Mary Bowen were--mistaken That is
all there was about it.
So much for the occasional unreliability
of the direct testimony of honest eye
witnesses.
And so much, also, for giving the &C
| cuSed an opportunity to be heard on the