The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1885-05-08
WASN'T A "S0-AND-SO"
AND INDICATED HIMSELF WITH
GREAT WGoR AND SUCCESS.
hearney Tells About the PheIan Short
Fight in Rossa's office-Short's Mar
rative-The Jury Acquits, and
Surprises tho Judge.

q. nnOfhar
great crowd at The trial of Snort for attack
ing fnelah anu John +. Kearney was the
principal witness examined. He told how
Iheiah came to New York and called 90
iilin and how they together went to Ro.sa's
o'i've' stopping frequently on the way to
splice the main brace" He said that when
neiah arrived at Rossa's Office Rosa was
not IN, ant Phelan INDUCED in some very
uhcosHplimantary remarks about Short.
snort tried to soothe Phelan, aud told
nm The Lest thing he could do was not to
tax TO the reporters the way he had done.
lor even hosSa himself was always getting
into hot water 10y not knowing how to keen
his mouth shut Vita that Pnelan got fur
lo''s, and yelled Shut up, you broken no ed
so-and.so, or III throw you out
OF the Window What the-jo
You mean by talking TO mer Short
got mad but says, Hold on. Short. DON'T
quarrel with Pnelan He don't know what
| he's saying and with that | winkel nj him
ana tdppei my pocket with my hand to
| show that Phelaa carried a pistol. Short
| Kept quiet for while, but Phelan, getting
maddet WITH Rosa not coming. RACED no
ami down Che room an disturbed a lot 81
caricaturas on the table. 1t the same time un-
| In minute he calls Short a SO and so again.
| You're liar yels Short I'm not a So
and-so and no man Shall call me So |
yelled to Short, Hold on, he's got n re-
| volver! but he said Il d Mt care a d-n if he
has, he can't call me tha5.' Then the word
nformel' passed between them. PheIan
! sad; III stretch some Il You before l leave
this Office He made jump for the knife,
h f.,Y
! they bumps heads together across the table.
saw Short mad got the knife, and that
| Phelan was reaching down for his revolver.
Then got little nervous and went out
| On his cross-examination by Col. Fellows
| kearney said that he and Phelan had drank
| together, but he was not drunk. He had
taken only two whiskles aud thres ales, with
some cigars, while Phelan was drinking
seven WHISTLES and two ales during the hour
and halfs walk down to ROssa's office He
said Rossa's Office was literally furnished
! with knives and such toys
A number of the witnesses corroboratel
| kearney's testimony.
Short then took the stand in his own de-
Tense. After describing how Phelan had
called him "so-ani-so.' he said:
"Then he put his right hand on his pistol.
- '
grabbed for it with my right, and got it
away from him. Then he went to pull his pis-
tol, and then we ran all around the
table. He was struggling with me AMI 1
was on my knees in IL corner We went on
struggling around the room, ami at last got
out into the hail There we hung on to each
others wrists and rolled over and over on
| the floor, tripping each other and en1eavor-
| ing to overcome each other by strength
Every blow was struck in the room. After
we got out was struggling to get free We
got on the staircase together, and got past
him on the lower flight | looked back, saw
that he was chasing me, and ran"
| Judge Van Brant charged the jury very
briefly. If the jury found that Short had
assaulted Phelan with a deadly weapon with
intent to KILL it was assault in the first de-
gree. The defense did not deny the assault,
but set up that it was UNSUITABLE. Il
Phelan had assaulted Short with a deadly
weapon with intent t. KILL Shorts counter
assault was justified. 1t was 73J when the
jury retired. Phelan had disappeared Dyna,
| niters swarmsl in the corridors At 9 %
they all scampered for the courtroom and
packed it full. At $50 the jury was an.
nounccd. Snort came in and took his old
seat His face was deadly white, and his
biaCi, eyes snapped with excitement. lie
was commanded tn stand up.
The foreman announced the verdict Not
guilty. your honor.n \ wild howl instantly
rose from the threats of the hundred
odd dynamiters. 1t took seven policemen
and all the court officials present to choke it
down into anything like quiet When this
was Mt last done, the loud voice of Judge
Van Hrunt brought dead silence. Gentle
men of the jury" he said, II must say am
utterly astonishel at the verdict. You are
discharged from any further service in this
court" Short was seized by his friends and
borne out Of the courtroom in triumph
The dynamiters nre jubilant over Dick
shorts ucquittaL O'Donovan Rosa and
Pat Joyce declare that it is triumph OF
Justice, ana vindication of true American
ism in TIE face OF English influence" Dis
trict Attorney MARITIME said: Tits simply al
outrageous verdict that was returned by the
Short trial.