Savannah morning news. [volume] (Savannah) 1868-1887, 1885-05-07
SHORT GOES SCOT FREE.
THE JUDGE INDIGNANT AT THE
JURY'S FINDING.

Phelan's CredIbilIty Dealt q Severe
Blow by the Defense-A Plea that He
| Went to Rossa's Office TO Create
TrOuble-The DAgger One of Rossa'g
| CurtOs.
NEW YORK, May G.-The trial OK
Richard Short for the attempted assas.
sination Of Capt. Thomas Phelan, in
O'Donovan Rossa's Office, was continued
to-day. Mr.. Phelan was recalled and
asked some unimportant questions and
the prosecution rested. The defense then.
opened with an address by their counsel,
Charles W. Brooke The latter maintains
ed that Capt. Phelan came to this city
to wreak his vengeance on ROssa
because Rossa had published something
in the United Irtshnaen concerning Capt.
Phelan. The counsel said that Capt.
4 Phelan went into ROssa's Office TO attack
| him, and while there acted boisterOuslv
and threatened ROssa. Short spoke to
Phelan, but the latter attacked him, and
Short stabbed him with dagger in pro-
tecting himself. The dagger, the counsel
maintained, was one Of the ornaments Of
ROssa's Office. The counsel would show
that Phelan was not a reliable witness,
and that he had perjured himself In a con-
spiracy against his superior officer, while
captain of the capitol police at Washing
ington.
Walker j. Elliott testified to,
lay out Rossa and Prof. Mezzeron, the
dynamiter.
John f. KeaTney, liquor store keeper,
denied that he had written TO Phelan to-
come to this city. The witness described
Phelan's boisterOus conduct in Rossa'8
office and his quarrel with Short. When
the light began, Kearney said, he left.
Other witnesses corrOborated the story Of
Phelan's threats with regard to ROssaf
and the fight between Short and PheIan.
The case is still on.
THE DECoU LETTER.
After the recess Kearney was recalled.
He contrndicted some Of Phelan's state
ments. The witness admitted that the,
letter signed "John Wallace and adj.
dressed to Phelan on Sent. 2S, was written
by him. In this letter the writer re-
ferred unkindly to "some gentlemen
here" and expressed his willingness to
surprise some of them If he had any good
grounds. There were also reflections
upon certain persons who posed as inn
maculate patriots, but kept an eye on the
mighty dollar. kearney explained that
in the latter clause he referred 10 Patrick
Ford, of the Irish World.
George S. Smith, of Alexandria, Va,
swore that he would not believe Phelan
under oath.
Patrick Joyce testified that the weapon
with which Phelan was stabbed was part
OF curious collection that belonged to
the museum Of ROssa's office.
SHORT SHOCKED.
Richard Short was sworn in his own de-
fense, and related the same story as told
/ by the other witnesses on the same side.
He was shocked at the suggestion that he
could carry dagger.
The clerks Of the Continental hotel, Dr.
Kirby, Of the Chambers street hospital,
and Policeman Levy were called in re-
buttal to chow that Phelan's condition
was not that of a man who had been
drinking heavily. The counsel summed
up. Lawyer Brooke argued that Short
acted only in selfdefense. He attached
great importance TO the fact that no at
tempt had been made TO connect Short
with previous ownership Of the dagger.
Assistant District Attorney Fellows said
that it had not been shown that Phelan'8
pistol had been drawn until he lay on the
sidewalk stabbed nearly to- death. He,
c0ntended in fOrcible way that there
were no circumstances to justify the.
stabbing. +
Judge Van Brunt made brief and i'm.
partial charge, bearing principally on the
| points Of self-deiense, and at 7 80 0cloclc
the jury retired.
TIE. ACQUIITAL.
The lobbies of the court house remained
thronged with people. At 9:3Oo'cloek thes
Jury made known that an agreement had
been reached. They were brought into
court and asked what their vedict was?
"Not guilty." answered the foreman.
Shorts friends set up a tremendous
shout, but were quickly quieted by
officers.
The verdict was complete surprise to.
everybody.
The Judge frOwned in indignation and
amazement, and said: "GeDtlemen, am
astOnished at your verdict. You are dis
charged from all further service on this
panel"
II move for the discharge Of the pris<
oner," said Counsellor Brooke.
"Granted," said the court in a manner
that seemed 10 show that His Honor was
anxious TO get rid Of such extraordinary
business.
THE CHALLENGING OF PHELAN.
ST.. PAUL, MINI, May 6.-Capt. John
McCailerty, at present In 80. Paul, on his
way to Alaska in the interest Of a trading
company. called the attention Of an AS.
ISOLATED Press reporter this morning to
that portion Of Capt. Phelan's testimony
In the trial of Short at New York
relating TO challenge, in which
Pnelan said: ~ was challenged, but the
challenge was withdrawn" McCanerty
is himself the man who challenged Phe-
Ian and says that the challenge was never
Withdrawn. "Phelan wrote an apology
which / refused 10 accept, and l then
dictated another which Phelan signed,
and 1t was published in all the leading
papers throughout the State"
THE FUND FOR STEPHENS.
PARIS, May 6.-The James stephens
fund mas reached 81, 100.
,---.-.-..,.. r,.....rt.t--..