The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1883-10-06 00:00:00

THE ASSASSINATION OF CAREY.
O'DONNELL AT BOVir•STREET.

Ia Lot don, on Friday in last week, at the Bow-
etreet Police-court, Patrick O'Donnell was again
brought up before Mr. Flowers for further examina-
tion on the charge of wilfully murdering James Carey,
the Irish informer, on board the British ship Melrose
on the high seas on July 29.
Mr. Poland. instructed by Mr. Stephenson and Mr.
Barnard Thomas, prosecuted on behalf of the Treasury;
Mr. A. M. Sullivan, instructed by Mr. Guy, appeared
for the defence. Chief Superintendent Williamson
attended on behalf of the police.

The following witnesses were recalled for crosa.
examination by Mr. Sullivan :

James Parish said : When the first shot was fired seven
persons were in the cabin—Jones, Carey the younger,
O'Donnell, his wife, Carey, and myself. The pri-
soner was sitting on a settee. Carey was standing
up (witness pointed out the places where the prisoner
and Carey were as shown on a plan produced)
Cross-examination continued: Mrs. O'Donnell was
sitting near the prisoner, on his left, when the shot
was tired. She had her right arm round his neck,
and her hand was resting on his shoulder. Carey's little
child was playing with the witness Jones. Carey was
standing with his back towards the prisoner. He was
not drinking or smoking. I had been In my cabin, and
was coming out when the shot was fired. The prisoner
did not reach out his arm to its full length. It
was a half-bent arm. Carey was facing him at the
time. Prisoner did not appear to have acted suddenly,
and did not accompany his actions with any suggestion
of passion. Carey could have caught his arm. After
he was struck deceased called out, "Maggie, I am
shot," The witness Jones did not see the first shot.
I was afraid to interfere, as I might have been struck
when the second and third shots were fired. The pri-
soner was sitting down, but I could not see his face.
After the &at shot was fired Mrs. Carey came into the
cabin, and deceased fell into her arms. I afterwards
picked up a bullet from where Carey was standing
after the second and third shots were fired.

Thomas Jones, recalled, said: I cannot tell how
many persons were in the cabin at the time the first
shot was fired. Young Carey was standing by my
side, and Mrs. O'Donnell was standing beside the
prisoner with her hand resting on his shoulder. When
the first shot was fired I heard Carey say, "Maggie, I
am shot." Deceased " stewed " round, and prisoner
then fired two more shot and afterwards put the re-
volver into his pocket. I cried out "Murder."
Except calling out I did nothing to save the deceased.
Prisoner placed his arm at full length when he fired.
I do not know that Parish is mistaken when he pays
that he only held it at half length. Mrs. Carey after-
wards went up to the prisoner, who said, 'Shake
hands, Mrs. Carey; I didn't do it." Those were the
words he used. Just as the first shot was fired a pas-
senger passed on to the deck. I heard nothing pass
between deceased and the prisoner, and I did not see
the prisoner spring up or hear a revolver thrown on to
the floor.
Thomas Francis Carey, recalled, said : I have been
examined twice before in a court of justice in Dublin,
on one occasion of the trials for the murders of Lord
Frederick Cavendish and Mr. Burke. We were not all
berthed together on board the Melrose. When we left
England we had a quantity of luggage. My father
joined us at Dartmouth, and brought one box on
board. Before we left Dublin I knew that our name
was to be changed to Power. Our luggage was taken
to the Castle. I did not caution my brothers and
sisters with reference to the use of the name of Power.
I know the reason why we changed our name. It was
in case violence might be used if our names were known.
I was present at all three shots that were fired at
my father. The prisoner was sitting near my father.
I swore at Port Elizabeth that I could not say whether
the prisoner was sitting or standing, but that was with
reference to the second and third shots. My father
was about a yard from the prisoner. I never swore at
Port Elizabeth that my father was smoking.
Mr. Poland pointed out that in the original deposi-
tion it stated that Carey was "smiling," not smoking.
Witness: The prisoner pulled the revolver out
rather suddenly. He must have reached out about half
the length of his arm. My fatber made no attempt to
take the pistol from him. I did nA cry out when the
iirst shot was fired, but I heard some one say, "All
hands down here to arrest this man," I do not re-
member that Mrs, 0 Donnell was there at the time the
first shot was tired. I still say that it was the prisoner's
left hand that fired the shot. lat once run towards my
mother's betth. I said nothing to her as I did not want
to excite her, and I was in too great a hurry to get the
revolver out of the bag. Tnere were some papers in
the same bag. My mother went out of the cabin.
I followed her. After the second shot was fired, I
heard my father say to my mother, "Maggie, Maggie,
I am shot; M'Donnell has shot me." I am sure he said
" M'Donnell has shot me," or "O'Donnell has shot
me." I got the pistol for my father's defence, but
when I saw my father and mother fall down I put it
into my pocket, I did not give it to my father, because
he could not use it. My mother went up to the pri•
aoner and said, " M'Donald, you have shot my hus-
band." It is not correct that she said, " M'Donnell,
have you shot my husband ? " The prisoner said,
"Shake hands, Mrs. Carey; I was sent to do it."
Mr. Sullivan: Now, on your oath—and I want you
to answer me carefully—did he say, "I was sent to do
it."

Witness (after a pause): He did. I heard him say
it. I gave that version at Port Elizabeth. It was
either hero or at Port Elizabeth that I stated he said
he was sent to do it. I did not hear my mother give
evidence.

Do you swear that the prisoner did not say. "I
did not do it but in f elf-defence ?"—He did not. I
swear positively that he ssiJ, "I was sent to do it."
Now, listtu to what you iaid at Putt Elizabeth.
"After the first shot, my mother went nu to the pri-
soner. He put out his hand and said, Mrs. Carey, I
did do it, and I had to do it.' She had said to him,
'You have shot my husband.'" Now, did you swear
to those words at Port Elizabeth?

The witness did not answer.
Mr. Sullivan: If you swore that those words,
"Mrs. Carey, I did do it, I had to d: it," were used,
would that be true 7—l did not swear to those words.
I stated at Port Elizabeth that he said, "I was sent
to do it" The depositions are wrong, though they
were read over to me and I signed them in the usual
way.

The learned counsel continued to press the question,
and after some hesitation the witness admitted that
ie had said the prisoner had exclaimed "I had to
do it."

Mr. Sollivan : Then those were the words prisoner
used? —Yes, but my memory is not clear on the matter.
I heard my mother give a description of the scene;
but I do not remember hearing her tell any one that
prisoner waR sent to do it. I was only able to swear
that the pistol produced at Port Elizabeth was like the
one belonging to my father. When Mr. Beecher took
the pistol from me I told him that I wanted to get it
out of my mother's way. Both my rewons were true
as I also wanted it to defend my father. I thought
my mother might do something with it, she was in
such a fright. I heard no dispute between my father
and the prisoner.

In reexamination by Mr. Poland, the witness posi-
tively averred that he had rot parted with the pistol
until he gave it to Mr. Beecher.
Mr. Beecher, the officer of the watch on the night of
the alleged murder, was recalled and cross-examined.
He said :—I heard the shot, and as I was going
towards the cabin I heard some cries. Prisoner was
put in irons, and I was afterwards informed that the
last witness had a revolver. I took it from him. He
told me that he had taken the pistol because he was
afraid that his mother might shoot some one. I asked
if he meant to shoot the prisoner. He said that he
might have done so but for shooting some one else.
Inspector Cherry was recalled, and referred to the
production of the revolver belonging to James Carey.
Witness said: It is a five-chambered revolver. I have
heard young Carey say that it was a six-chambered
revolver, and I also heard evidenca that one chamber
was unloaded. The one I produced was a five-
chambered revolver, and all the, chambers were
loaded.

Mrs. Margaret Carey said: I sailed from London in
the Kinfauns Coale on the 24th of July with my
children, and my husband joined us at Dartmouth.
On our way to the Cape we made the acquaintance of
the prisoner. We used to call him M'Donald, and he
said he was going to Cape Town. During the passage
out he and my husband were on friendly terms.
Before reaching Cape Town prisoner said that be was
going on to Natal. At Cape Town we changed on to
the Melrose. I had never Peen a revolver in the pri-
soner's possession, but during the time we were on
board the Melrose I heard him say that he had sold a
revolver at Cape Town for £3 10s. When the alleged
murder took place, I was in the saloon and saw the
prisoner sitting there. My husband was on deck, and
the prisoner asked my boy to tell him to come down
to have some bottled beer. He came and took my
youngest child into our berth. As it cried, I went
to it, leaving my husband standing talking to the
prisoner at the edge of his (prisoner's) cabin door.
Prisoner's wife was sitting opposite. My attention
was afterwards attracted by what appeared to be the
popping of a ginger-beer cork, five minutes after I had
left the saloon. I left my child and came out of our
berth, and met my son running in. My husband ran
towards me and said, "Maggie, I am shot. M'Donald
has shot me." He then fell on me. I went up to
M'Donald, and, having heard two shots as I left my
cabin, said to him, "M'Donald, did you shoot my
husband?" He replied, "Shake hands, Mrs. Carey.
Don't blame me; I was sent to do it." Mrs. O'Donnell
said, "Never mind, you are no informer." When he
called me Mrs. Carey he said nothing more. Pre-
vious to that I had always gone by the name of Mrs,
rower. I knew my husband had a revolver, but had
never seen it. I knew there was one in.a bag.

_
Cross-examined by Mr. Sullivan 4. I.first kr.ew of
the name of Power by seeing it on my boxes in
London. I met my husband first at Dartmouth. I
knew the object of the change in the name ' • it was in
apprehension of violence and I knew that he carried
arms in consequence. The revolver was kept in the
bag. I saw my husband receive the third shot. I
did not say, " M'Donnell,.you have shot my husband,"
and did not shake hands with the prisoner, and if any
one said so it would not be correct. He said, "Shake
hands, Mrs. Carry. Don't blame me; I was sea to
do it." lam Quite sure he did not say, "I c:id do It;
I had to do it," and if any one swore that would not
be true. I am certain he said, " Don't blame me."
He did not say, " I had to do it in self-defence." I am
certain he said, " I was Pea to do it." My husband
did not tell me he had got into a row at Cape Town,
arid he had no quarrel on board.

Mr, Er.son, district surgeon at Port Elizabeth,
said On July 30 the body of the man who went by
the name of James Power was pointed out to me
The body was identified and carried to the new gaol.
I made a post-mortent examination, with Mr. Everett,
and found a wound in the throat to The right of the
windpipe, passing under one of the superficial muscles
of the neck, the point of the exit being at the back of
neck. The bullet had cut the collar. It had opened
a deep vein in the neck and caused a serious wound.
There were sigrs that suggested that the pistol had
been discharged close to the victim, marks of powder
on the akin of the chin being apparent. There were

two bullet wounds in the back, the nature of which in-
dicated that the shots must have been fired at a dis-
tance of a yard or two, and the man died from
hmmorrhage caused by those wounds.
Cross-examined by Mr. Sullivan: I examined the
prisoner at Port Elizabeth Gaol, and found that his left
arm is limited in its movements by an old injury to
the shoulder-joint. The muscles bet wen the fingers
are quite wasted. His left hand and arm are pretty
well disabled and would simply assist the right hand
in doing anything. The deceased appeared to be a
strong, powerful man, though somewhat corpulent.
Certainly he was a stronger man than the prisoner.
This concluded the case for the Crown, whereupon
Mr. Sullivan said a telegram had been received that
certain depositions were on their way to England on
behalf of the defence, but as the case must go before
another tribunal they would be produced at the trial.
During the time the learned counsel was making this
observation Mr. Guy consulted with the prisoner, who,
upon being called upon in the usual formal manner to
make any reply to the charge, said, " I have nothing
to say at present, your honour," and he was accordingly
committed for trial.