The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1881-07-14
80 = WHOM, bo had seen do the shoot

in no way shaken upon cross-examina-
ton. .,..
Then the sworn ante-mortem state
ment of the deceased, taken by mag
istrate, was read to the jury. He said
that he had known Short personally
for some time, but had never had any
difficulty with him. He fully identi-
fed him as the man who had fired the
fatal shot, and then ran down the al
ley, 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 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 a 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 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 a whispered consultation be-
tween the counsel and the defense, one
of them rose and moved the court to
direct the jury to forthwith return a
verdict of mot guilty" as to Ryan, in
order that he might be called as 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 de clared mot guilty." and
the verdict recorded.
Then came a scene as dramatic to
those present as anything ever witness
ed on the stage. Without anySopening
speech by Shorts counsel, Ryan, in
obedience to a nod from his attorney,
stepped out of the prisoners box and
into the witness-bo looked around the
room; picked 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 was 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
selfdefense? That seemed to be 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 moment looking
down, then slowly lifting his eyes to
the bence, in the silence in which the
falling Of a feather might have been
heard, he said:
May I ask the court question:"
Certainly, sir"
II understand that l am acquitted"
said Ryan, pausing for a moment, and
continuing: ~ want to know whether
anything / may now say can ever be
used against me in any way?'
What did he mean? What need for
that question? Every one looked at
his neighbor inquiringly.
The flushed face of the judge showed
that he, at least, understood that it
meant an attempt to swear his guilty
companion out ofthe hangman's grasp.
Then in tone of unmistakable indig-
nation came the answer:
~ 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:
ut was l who fired all the shots-not
Short" ........
Most of the faces in the courtroom
wore looks of incredulity; some of in
dignation at the hardened wickedness
of the man who had just been declared
innocent, and who, by his own state
ment, was guilty Of murder, if he was
not guilty of perjury.
But quietly and calmly, without a
tremor, as cody as though he were de-
scribing some trivial occurrence which
he had casually witnessed, Ryan went
on, step by step, detailing all that had
occurred, and when he had finished his
story there was probably 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 a small single-barrel pis-
toll in air without any purpose except
to give his challenger scare, and then
ran down the alley; and, on being
closely pursued by the deceased with
saber drawn and raised to strike, he
was compelled to draw out revolver
and fire several shots toward his pur-
suer, who was rapidly gaining on him,
to keep him back; and that when
he had but one shot left, he STUN
bled over large stone and fell
on his knees, and at this moment
the deceased struck at him with
the saber, cutting him slightly in the
cheek, and being thus pressed, ne
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 sever
al witnesses to dry his clothing. His
manner, his bearing, and his story it
self convinced his hearers that he was
telling the truth.