Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-01-27

fired Ind not climbed either fence, hut
had wa,ied through the stream and dis
appeared Oh tho other sile.
The next witness wns the soldier who
stool close by the deceased when the
first shot was iirc,l and who not knowing
either Of tho prisoners, described the
person who had fired and ran down the
alley rs tho man with red hair and side
whiskers. dressed i'll n light.hlue army
ovcrcont and white soft Int, and upon
being dirertc,lto look ut the three pris.
oncrs Immediately identified Short MS thu
man whom ho had seen do the shoot.
ing.
Tho testimony OF these witnesses was
IN no wise shaken upon cross cxamina.
lion.
Then the sworn anto, nortcm statement
ii the deceased. taken by q Magistrate
was read " ns Jury lis said that he
had known Short personally for some
time, but had never had any difficulty
with him. He fully identified him as
the man who had fred 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 de-
ceased. He also fully described the
clothing worn by Short as it had been
described by the other witnesses.
These were all the Witnessed 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 shootidg. Neither
the judge, the jury, nor the spectators
entertained the slightest doubt Of his
guilt, and when the Commonwealth, at
this point, closed It's case, 1t seemed us
though the fatal rope was already around
his neck and his escape impossible.
Ryan heaved sigh OF relief which wns
audible throughout the whole court
room, for he was safe; there was not one
word Of testimony against him or any
circumstance tending to show any pre-
yious arrangement or concert Of action
between him and Short.
After whispered consultation between
the counsel for tho defense one Of them
rose and moved the court to direct the
jury to forthwith return o verdict of mot
guilty" as to Ryan, in order that he
might be called as q witness for the other
prisoner. This was resisted by tho Dis
trict Attorney, and, after lengthy and
elaborate arguments, the court decided
that it was bound to grant the motion,
and accordingly Ryan was declared mot
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 o nod from his attorney,
stepped out Of the prisoners dock and
into the witness-box, looked around the
court room, took up the bible and was
sworn 10 tell "the truth, tho whole truth
and nothing but thetruth. Every head
was bent forward, every ear was on the
alert, every eye fixed on the witness
something startling was expected
Would he attempt 70 show that Short
had done the shooting in self-dofense !?
That seemed the ouly thing possible.
But how could he lie believed in the face
Of the positive test. nony Of three wit
nesses, two of them living and in the
court room, one OF them dead-mur-
dered |?
Ryan stood for moment looking
down, and then slowly lifting his eyes
to the bench, in a silence in which the
falling Of feather might have been
heard, he said:
"May l ask the Court question ?"
The venerable Judge, evidently sur
prised at being Intercepted. looked at
him and said: Certainly, sir"
81 understand that / am acquitted, "
said Ryan, pausing for moment and
then continuing: 81 want to know from
the Court whether anything / may say
now can ever he used against me in any
way?" i
| What did he mean? What need for
that question Every one looked at his
neiglbor inquiringly.
The flushed face OF the Judge showed
that he, at least, understood what il
meant-an attempt to swear his guilty
companion out OF the hangman's grasp.
Then, in tone Of unmisthkable indigna
ton came the answer:
81 am sorry 10 say, sir, that nothing
you may say now ean be used against
you; that is, on trial for murder. You
have been acquitted" T1tta
Ryan's face grew pnle and then red
and he said, slowly aud distinctly:
at was l who fred all the shots =
not Short"
Most Of the faces in the court room
wore looks OF Incredibly; some of indig
, nation at the hardened wicke,lncss OF the
man who had Just been declared limo
cent aud who, by his own statement, was
guilty of murder, il he was not guilty o
perjury.
But, quietly and calmly, without O
tremor, as coolly as though he was de
scribing some trivial occurrence which
he had casually witnessed, Ryan wen
= OH, step by step, detailing all that hat
occurred, and when he had finished hi
story there wis probably not persol
present who was not fully convinced no
only that Ryan had told the simple truth
but also that lie had himself fired th
: fatal shot in self.defense, or at leas
\ under such circumstances Of danger a
|. would have led any jury TO acquit him
He detailed how ho had fred the frs
; shot from small sing.e-barreled piSto
: in the air without my purpose except u
give his challenger a scare, and tho
! ran down the alley and upon bein
! closely pursued by the deceased wit
: sabre drawn and raised to strike, he wa
: compelled TO pull out revolver and fir
y several shots towards his pursuer, win
wns rapidly gaining ON him, to keep hir
. back; and That when lie had but on
u shat lsfi he stumbled over large Bton
: mi fcll on his knees, and = tiis momeu
!, tie deceased struck at him with tn
u ai.ss. cutting him slightly in the cheek
% and, being thus pressed, he aimod an
o bred the last shot, which subsequent
" proved fatal. He further told how, upo
% covering his feet, he ran, waded through
g the stream, and finding that he had los
: his Int when he fell, retraced his stops
}, recrossed the stream, found tho hat, aa
n then went 10 hotel, where he was see
by several witnesses to dry his We
q clothing. Ills manner, his bearing, an
d his story Itself convinced his hearers thu
VI he was telling the truth.
:. But, 80 that nothing might DO wantin
d II any doubt remained in the minds {
le the iudae or the iury. witnesses of Ill