Omaha daily bee., 1888-10-03
THE MURDER OF JOHN RYAN,
Francis M. Oflneer on Trial for
tho Crime.
THE TESTIMONY YESTERDAY.
The Defense Endeavoring TO Prove
That Ofineer's Shot Went Into
the Ground and Not Into
Ryan's Body.
Who Sped the Bullet

Omaha, on the evening of the Sd of July last,
came up before Judge Croft yesterday, with
County Attorney Smeral and Assistant Cur
ley for the state and Judge Duffy and George
Makepeacc for the defendant
remarkably brief time was consumed in
cmpanellng jury, which is as follows:
Henry Glade, August Schroeder, G. kuppc,
August Wohlgeh, Henry w. Crossle, j. ID.
Chamberlain, Henry Osthof, William Don
nelly, +. II. Walker, Harry Haines, c. N.
Walker and Alex. Richardson.
In opening the case Mr.. Simeral briefly re.
viewed the story of the crime, with the state
ment that Offineer was charged with murder
| in the second degree, simply because there
| it, He told how Ryan and his
| friend, Dan Nj. Ferguson, were on their way
| to dance on the evening of July 3; how
| they stopped in at the barn where Offnecr
was to get out OF the rain; how Ohineer had
ordered them out, and then without cause or
| provocation drew revolver and shot Ryan,
| who ran away. and afterward was found in
| dying condition on the street.
| Judge Duffy, in response, said that the de
| fense would show that it was not Offineer
| who shot Ryan; that when he drew his re
| volver near the barn he shot in the ground
| to frighten the two drunken men away.
| That two other shots were heard afterward
The first witness was Dan NJ Ferguson
| He testified Am a switchman; reside in
| South Omaha; was with Ryan on the night
of the Sd of July.last; had drank couple of
| beers together; stopped in Offineers barn to
| get out OF a passing shower; he came
| out of his house across the alley; came
| toward us and without saying
word, pulled a. gun and shot;
| Ryan run. Offneer then said, 81 own this
| barn and all about here and don't want you
| fellows here" told him he oughtn't to
| have shot, we meant no harm; backed away
from him, then made my escape. That was
| a little after 10 o'clock. Saw Ryan at Casey's
| livery stable about IL o'clock. He was dying.
| Died about half past eight in the morning.
| Cross examinatlon-Of Offineer fired before he
| spoke II word Ryan made no exclamation
when shot, but ran away. Didn't see any
| one come up when was talking to Offineer
after the shooting. Don't know Meadows,
the blacksmith. Was not drunk. Didn't
know Ryan was shot and was asked if /
| knew anything about it, | said "Ies, know
| all about it," Anderson came after me.
Didn't so to the drug store when Ryan was
| lying there. Didn't say "rll leave it to any
of the Burlington scabs, it was an old
grudge."
James A. Kelley testified physician.
| Was called to see Ryan at Casey's drug store.
| Found bullet hole in the abdomen, to the left
and below the naval. Made the post NOR
tenn Bullet took course to right through
corner of the large bowel. Internal hemor-
rhage, produced by the wound, caused death.
l removed the bullet; gave it to MIR. Ed
| gerton.
| Cross-examined--Thin it was II o'clock
when saw Ryan; considerable time after
| he was shot. Can't say how long.
| Rc-drect-Yes. could identify the bullet
took from Ryan. 1t was for a 3Scaiber,
Yes, this is the ball. Examining bullet
banded h'm by UounS Attorney smera
James McVeigh testfied-Knew Ryan.
Saw him on night of Sd of July. Saw him
first at o'clock. Saw HIM after II, lying on
| Twenty fifth street. He said "Tm done
up" Asked him who shot him. Said he
didn't know Then went and got o consta-
BILE, and we carried him to the drug store.
Marshal McCracken testihed-Am mar
shall Of South Omaha. Saw Ryan at the lv-
cry stable Afterward Ferguson took me to
Offineer's barn. He pointed to Ofineers S
house and said the man who shot Ryan came
out of that house. He was large man, and
wore a blue shirt / stationed men at the
| from the back door in his night clothes. He
had been drinking. After he had dressed
| told him what wanted of him. He said he
had shot that night He said he thought
| horse His daughter gave me his revolver.
| He said his wife had told him not to take the
revolver out when he went out that night.
Cross. examined-F Ferguson in bed
| When first saw him he was sober-that was
, | II o'clock He took me TO Ofineer's house
George f. Smith testified-Live in South
Omaha. Heard man had been shot about
| 10 o'clock on the evening of the Sd of July
l
| He said he had shot his pistol. But wher
asked il he shot Ryan, his answer was eva
sive, he wouldn't say yes or no. Didn't
know Ryan.
the evidence of the daughter and wife of the
| prisoner
$ Rose Ofneer-Was at the door of the
} | house and heard talk between her father anc
another man at the barn. Saw the flash OF
| her fathers pistol, which was pointed down
| ward. Ferguson remained about the prem
: ises perhaps ten minutes and wanted to iigh
, | the defendant.
: went out to 80 to the barn. Saw man
standing there. He said; "rm not afraic
come out here" and acted as though h'
wanted to fight. Mr.. Oflineer replied: :.
a away" Witness and defendant returned Il
, the house and went to bed Don't know how
u long Ferguson remained In few minutes
n while both were abed, heard two shots ives
y of the house. The affair at the barn occurred
| shortly after nine O'Clock.
: Cross eXamined-Husband came home a
9. Came into the house, saying there wer'
J. men in the barn, and asked for his revolver
7 | Heard the first shot about three to five min
Il utes after he left the house. Heard th
i other two shots twenty or thirty minutes
$ | after going to bed.
$ Lorin Barnes-Was engaged by Mr. Make
| peace to search for the bullet supposed u
;, have been fired by Offneer Dug over
y piece of ground five feet from the corner o
I, the barn on August 90. Went over spac
u two or three feet in diameter, and after hal
y an hours work found bullet. Here IT Il
III Ipuling it out Of his Wallet
II Cross-examined-The ground was used a
n a roadway, and was packed hard, except
covering of loose dirt. The bullet wa
buried two and one half inches in the harC
earth. Was helped by II boy called Fred.
l. Fred Bullock substantiated the story o
l. | Barnes, and in answer to question or TN
court explained that he fixed the locality o
u the bullet from his knowledge of Ofner'
l. position when he fired. Bullock was in tn
5 house when the shot was fired and rushc
out with the other inmates. he identihe
the bullet produced by Barnes. 1t was mis-
y shapen but OF the same callbre as Ohlneer'
: revolver.
Other District Court Business.
Judge Doane gave the damage case OF ku
r dolph against the city to the jury.
" Judge Hopewell yesterday afternoon too
8, up the case of Burke & Sons agains
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