The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1881-06-02

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 was on the alert, every eye
fixed on the witness-something start
ling was expected. Would he attempt
to show that Short had done the shoot
ing 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
Uf them dead-murdered?
Ryan stood for a moment looking
down, and then slowly lifting his eyes
to the bench, in silence in which the
falling of feather might have been
heard, he said:
May I ask the court question ?"
The venerable Judge, evidently sur
prised at being interrogated, looked at
him and said: Certainly, sir"
"I understand that am acquitted"
said Ryan, pausing for moment and
then continuing: "I want to know
from the court whether anything l may
say now 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 what it
meant-an attempt to swear his guilty
companion out of the hangman's grasp.
Then, in tone of unmistakable indig-
nation, 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 then red,
and he said, slowly and distinctly:
cit was l who fred 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
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
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 q small, single-barreled
pistol in the air without any purpose
/ except to give his challenger a scare,
and then ran down the alley, and upon
| being closely pursued by the deceased
with saber drawn and raised to strike,
he was compelled to pull out a revolver
and fire several shots toward his pursuer,
who was rapidly gaining on him, to keep
him back; and when he had but one
shot left he stumbled over large stone
and fell on his knees, and at thi-
moment the deceased struck at him
with the saber, 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 tC
hotel, where he was seen by severa
witnesses to dry his wet clothing. Hi'
manner, his bearing and his story con
vinced his hearers that he was telling
the truth.
But, so that nothing might be want
| tron Il hi in bn nd,
of the judge or jury, witnesses Of un
doubted veracity were called who cor
roborated him as to the condition of hi
clothing and the cut on his cheek within
fifteen minutes after the occurrence
Besides, it was shown that, although
the man who had fired had wadec
through the stream, Shorts clothin;
was perfectly dry.
1t is unnecessary to say that Short wa
promptly acquitted and warmly con
graduated on enc of the narrowest es
capes ever made by any man in a court
room. Nothing could have saved hin
had the court refused to direct the &C
quittal of Ryan and allow him to testify
The deceased corporal. the soldie
and Mary Bowen were-mistaken Tha
was all there was about it.
So much for the occasional unrelia
J bility of the direct testimony of homes
, eye-witnesses.
, And so much, also, for giving the at
cused an opportunity to be heard on tn
witness-stand, the denial of which b
the law is one of the relics Of barbarisr
which still disgraces its administratio
} in some States at this late day.