The National tribune. [volume] (Washington, D.C.) 1877-1917, 1881-10-08


under the gas-lght, he pulled out pistol pointed
it at the deceased who was four or five feet from
him. and fired, and then ran down the alley, the
deceased pursuing him. She heard four or five
shots more fired, and 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 separated and she went home
1t was also proved that this alley was bounded
either side by high fences, difficult to cllmb,
and led down to a stream of water fifty feet wide
and three four feet deep No traces OF footsteps
were found in the snow except those of one man
leading down into the stream and it was evident
that the person who had fled 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 prison
ers, described the person who had fired and ran
down the alley as the man with the red hair and
side whiskers, dressed in a light-blue army over
coat and white felt hat, and upon being directed
to look at the three prisoners, Immediately iden-
titled Short as the man whom he haa seen do the
shooting,
The testimony of these witnesses was in no
wise shaken upon cross examination.
Then the sworn ante-mortem statement of the
deceased, taken by a magistrate, was read to the
Jury He said that he had known Short per-
sonally 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 firing one shot after another
until he fired the last and fatal shot almost in
the face of the deceased He also fully described
the clothing worn by Short as it had been de-
scribed by the witnesses.
These were all the witnesses to the occurrence,
except the prisoners themselves and, of course,
they must not be heard. The case against Short
seemed to be as conclusively made out as though
score of witnesses had sworn they had seen him
de 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
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 circumstances tending to show any pre-
vious 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 forthwith
return verdict of mot guilty" as to Ryan, in
order that he might be called as awitness for the
other prisoner. This was resisted by the Dis
trict Attorney, and, after lengthy and elaborate
fho hat
to grant the motion, 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. With
out any opening speech by Shorts counsel, Ryan,
in obediance to a nod from his attorney, stepped
out of the prisoners dock and into the witnessbOx,
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 forward, every ear on the alert, every eye
fixed on the witness-sOmething startling was
expected. Would he attempt to show that Short
had done the shooting in selt-defense? That
seemed the only thing possible. But how could
he be believed in the face of the positive testi-
mony of three witnesses, two of them living and
in the courtroom, one of them dead-murdered?
then slowly lifting his eyes to the bench, in a
silence in which the falling of feather might
have been heard, he said:
MAY I ask the Court question:
The venerable judge, evidently surprised at
being interrogated, looked at him and said, Ger
tainly, sir"
II understand that I am acquitted" said Ryan,
pausing for moment and then continuing: Il
want to know from the Court whether anything
1 may say now can be ever used against ME in
any way?"
What did he mean? What need of that ques-
ton? Every one looked at his neghbor inquir
ingly.
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 hang
mans grasp. Then in tone of unmistakable
Indignation came the answer:
'"I am sorry to say, sir, that nothing you may
say now can be used against you-that is, on a
trial for murder. You have been acquitted"
Ryan's face grew pale and red and he said
slowly and distinctly:
at was who fired all the shots-not Short"
Most of the faces in the courtroom wore looks
of indignation at the hardened wickedness of the
man who had Just been declared innocent, and
who, by his own statement, was guilty of murder,
if he was not guilty of perjury.
But quietly and calmly without tremor, as