The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1883-09-29 00:00:00

THE ASSASSINATION OF CAREY.

London, on Tuesday, at Bow-street Police court,
Patrick O'Donnell was charged on remand, before Mr.
Mowers, with the wilful murder of James Carey on
the high seas. Mr. Poland appeared to prosecute on
behalf of the Treasury ; Mr. A. M. Sullivan, instructed
by Mr. Guy, appeared for the prisoner.—We extraot
the following report of the case from The Times of
Wednesday :
Mr. Poland opened the case very briefly. He said
that he was instructed to prosecute the prisoner on a
charge of wilfully murdering a man of the name of
James Carey. Toe facts of the case were very simple.
The prisoner, who was a native of Donegal, Ireland,
had been for some time in America, but returned to
Ireland in June last. On the 4th of July he engaged
a passage for himself and a woman who passed as
his wife in a vessel called the Kinfauns Castle. That
vessel was bound for the Cape, and Mrs. Carey and
her children also embarked on the 4th of July.
Two days later, on the 6th July, they were joined at
Dartmouth by James Carey, who was going under the
name of James Power. His wife and children, of
course, had also taken the name of Power. On the
way out to the Cape the prisoner and Carey appeared
to he on terms of friendship. The Kin fauna Castle
arrived safely at Cape Town, and here any passengers
who were going on to Natal had t,i disembark and go
on board other vessels. James Carey, his wife, and
children, left the Kinfauns Castle and went on board
the steamship Melrose. On that same vessel the pri-
soner and the woman who was understood to be his
wife also took paseage. On Saturday, the 28th of
July, the Melrose left Cape Town, tortchine in the
first instance at Algoa Bay. On the following
day, Sunday, 29th of July, at about a quarter to
four the prisoner and Tames Carey were clown near
the cabin that they oc3upied ; and the evidence
would be distinct that on that occasion the pri-
soner took from his pocket a revel ver loaded in
rive chambers 'and fired at Carey, The first shot
struck him on the right side of the throat, and went
round the throat passint out at the back. Carey
staggered, and when his back was turned the prisoner
fired two more shots at him. There was a surgeon on
board, and every attention was at once paiii to the
wounded man, but in less than half an hour he was dead.
The prisoner was, of course, at once arrested, and his
revolver taken from him; and it was then found that
out of five chambers that had been loaded three con-
tained empty cartridges. The other two were still
loaded, and the charges were drawn. When the
first shot was fired, James Carey's son, seeing that
an attack was being made on his father, ran into
their cabin and got his father's revolver, which
was loaded. It was not, however, used, but was
taken possession of by the captain of the vessel. This,
the learned counsel said, was mentioned because
the prisoner when befoTe the magistrate at Port
Elizabeth said, "I am not guilty of murder. What I
did was in self•defence. Carey pulled a revolver from
his right hand pocket, and I snatched it out of his
hand." It would be shown that it was the prisoner's
own revolver that was used. After the prisoner had
been secured another large old-fashioned pistol was
found in his cabin. A piece of the Weekly lreeman
newspaper, which contained a portrait of the deceased
man, James Carey, was also found. He (Mr. Poland)
did not propose to trouble the Court with any further
observations, as the case was very plain and straight-
forward. It was manifest that the prisoner had found
out who the deceased was, and, having found it out,
killed him in the circumstances mentioned. After the
witnesses had been called it would be asked that the
prisoner should be committed to take his trial at the
Central Criminal Courf,
Mr. Sullivan complained that he was not properly
prepared to conduct the defence, as the solicitor who
instructed him had been refused all admission to his
client. This was a course that was quite nnprece-
d-nted, and he hoped the magistrate would allow the
eolicitor, Mr. Guy, at once to see his client in private
before the case proceeded.

Mr. Flowers acquiesced in this suggestion, and
the prisoner was taken back to the cells, where he
had an interview with his solicitor. On the court
resuming, Mr. Poland proceeded to call witnesses.
James Parish, a servant to one of the officers on
board the Me.' rose said: On the 28th of July I was on
board the Melrose, bound for Natal. On the afternoon
of the day after we sailed—that is, on Sunday, the 29th
of July—l was in the fore cabin. The prisoner was
there sitting on the settee in the saloon. I had heard
that his name was O'Donnell. I did not see him with
anything in his hand, but I saw him fire a shot at the
deceased-, whom I knew as James Power. Deceased
was standing about a yard from the prisoner at the
time the shot was fired. Flss was standing looking
at him, leaning against the side of the cabin.
When the prisoner fired a young woman who passed
as his wife was sitting with him. I had not pre-
viously heard anything pass between the prisoner
and Carey. I had just come out of my cabin. I
saw that Carey was struck in the right side of
the neck. He called out "Maggie, I'm shot,"
and he staggered towards the b Atom of the saloon
in the direction of his wife's cabin, The prisoner
then fired two more shots at Carey, who had his tack
to him. These shots struck him in the back. The
prisoner then put his pistol back into his coat pocket.
On the second and third shots Mrs. Carey came out
and caught her husband round the neck. Both fell to
the floor together, and I rushed past the prisoner and
tried to stop the bleeding from Carey's neck. There
was a Dr. Everitt on board, and he was sent for at
once, He came and rendered every assistance; but
Carey never spoke again, and died in little more than
15 minutes. The body was placed in the bathroom
on deck, The bullet produced was afterwards picked
up by me. I have marked on that plan of the cabin
(roduced) the different positions of myself, the pri-
soner, and the deceased. I had seen Power and the
prisoner drinking together; but they did not seem
friendly. They seemed very quiet, and did not speak
to each other.
Mr. Sullivan reserved his cromexamination.
Thomas Jones said: I am b ,atswain of the Melrose.
I sailed in that vessel on Saturday, the 28th of July,
from Cape Town. On the next day (Sunday) we were
about 25 miles off Cape St. Blain. About a quarter
to four in the afternoon I was in the second•class
saloon, just at the bottom of the steps when I heard a
shot fired. I saw the man whom I knew as James
Power, with his wife, who had her hand on his
shoulder, He said, 'Maggie, I'm shot." The pri-
soner was sitting down and Power was standing up.
The prisoner fired two more shots, one striking Power
between the shoulders and the other lower in the back,
Power staggered on to the door of his cabin, I went up
to the prisoner, who had lout the revolver in his pocket,
and took it from him. He did not resist. (The revolver was
here produced by Inspector Littlechild.) I saw that two
chambers were loaded and that the others had been
discharged. I then went up to Power and tried to
asst him. He was lying opposite his own cabin on
the deck. I saw Mrs. Power go up to the prisoner,
and heard him say, "Shake hands, Mrs. Carey, I did
not do it." That was said about three yards from
me. I assisted Power or Carey until a doctor came,
Mrs. Carey was taken away by the stewardess. She
had fainted. Until the prisoner said, "Shake hands,
Mrs. Carey," I had not known that she was Mrs.
Carey. I had seen the prisoner and Carey together
before the shot was fired. At that time they were
drinking together. •

Thomas Francis Carey said: I was fifteen years cid
last April. My tether's name was ohlileri Carey, and
my mother's name Margaret. I lived with my father,
mother, brothers, and sisters in Dublin. I know tnat
my father was arrested, and afterwards gave evidence
at the trials in Dublin this year. On the 4th of July
I joined the Kinfauns Castle in company with my
mother and sisters, having entered a passage in the
name of Power. On the 6th July my father joined
the vessel at Dartmouth, and we sailed for the Cape.
I know the prisoner as one of the passengers on
board by the name' of M7Donnell: He was travel-
ling with his wife. My father and the prisoner vhatted
together on the way out, and always ,seemed on
friendly terms. At the Cape well changed on board
the Melrose tn go on to. Natal; and the prieoner and
his wife did the same. The'tteit day after we sailed
from the Cape I was in the second-class saloon about
/oar o'clock, and saw my father drinking and talking
with the prisoner at the corner of the prisoner's berth.
They appeared to,be friendly. I then saw O'Donnell
draw a revolver from his inside coat pocket, and he
fired a shot at my father. It struck him on the right
side of the neck. At that time prisoner was standing
about three feet from my father and held the revolver
—I think inhs left .hand. My father stood facing him,,
When my father was -Shot I ran towards his cabin,
and placing my hand into a bag, took out my father's
revolver. My mother was in the cabin, and walked
out Into the saloon, and as I was following her I saw

the prisoner fire a second shot at my father, who ran
towards my mother, and said, "Oh, Maggie, Maggie,
lam shot." A third shot was fired by the prisoner,
at which time my mother had my father in her arms.
She afterwards walked up to O'Donnell where he was
sitting on a settee, and said, "Oh, Mr. Donnell did
YOU shoot my husband." I heard h'm say, "Shake
hande, Mrs. Carey," and added, "I was sent out to
do it." A person who passed as his wife was near
O'Donnell.

Mr. Poland asked the witness what passed between
this female and the prisoner, but Mr. Sullivan raised
a legal objection, and the point was reserved for the
trial.

The examination of the witness was proceeded with,
and he said: The revolver taken out of my father's
cabin was a six-chambered one, and I saw it in my
father's possession the day after we left Dartmouth.
The pistol (produced as the one with which the murder
is alleged to have been committed) I have seen in the
possession of the prisoner, who need it on the passage
out to shoot at flying fish.
Mr. Poland drew attention to the difference in the
make of the revolvers, that belonging to Carey being
ot "the Euglish hull dog" pattern, and that belonging
to the prisoner being of American manufacture.
Richard Eiward Harold Beecher, second officer on
hoard the Melrose, said : On the Sunday after we left
Cape T Avn I was standing on the bridge and heard a
shot fired. I went in the direction from which the
sound proceeded, and heard two more shots fired in
succession. I went below and saw the prisoner sitting
nearly in front of the door. I seized his right wrist,
and the boatswain took a revolver from his left coat
pocket. I examined the revolver afterwards, and
found that three chambers had been discharged. I
afterwards saw the wounded man, and from some-
thing I heard I secured a five-chambered revolver that
was in the possession of the last witness and found
that it was fully laded. When we took the revolver
from the prisoner he said "Don't be frightened,
I am not going to hurt anybody," or words to that
effect.

In the absence of Mrs. Carey, James Rose, master
of the Melrose, was called, who Bald: I was on board
the Melrose when the murder occurred. We were
about 25 miles off land and were bound for Natal, call-
ing at Algoa Bay to land mails. Mr. and Mrs.
Power and a number of children were on the pas-
senger list, also Mr. and Mrs. O'Dontiell. I knew
the prisoner as O'Donnell. I did not know what
Power's name was, though I heard a rumour that he
was not Power but Csrey. About a quarter to four
on the Sunday in question I was called forward to
the second cabin, and saw the prisoner seated there
with Mrs. O'Donnell sitting alongside, talking to
him. The wounded man Power was lying down by
his own cabin, and the witness Parish was attending
him. The prisoner was placed in irons, and I after-
wards had his luggage searched. A sea trunk was
found, marked O'Donnell or M'Donnell, and an old
unloaded pistil was found, also some cartridges, which
would fit the revolver (produced, and alleged to belong
to prisoner). Dr. Everett. who attended James Carey,
is since dead.

Inspector Cherry, of the Port Elizabeth Police, said
—On July 30 the prisoner was given into my custody,
and I also took the body of James Carey ashore. I
also received two revolvers (referred to in the evi-
dence). That alleged to belonged to the prisoner had
three chambers discharged, and in the prisoner's box
I found another pistol, and a box of cartridges which
fitted the pistol with which Carey was alleged to have
been shot. An envelope was also found containing
cuttings from a newspaper, headed " Irish Revolu-
tionists in America," and a coloured photograph of
James Carey. Some papers showing that prisoner
was in America in May and at Dublin in June were
also found. The prisoner was taken before the magis-
trates, and was formally committed to this country.
Mr. Poland said that the case would be concluded
on the production of Mrs. Carey and the doctor, but
it was thought better to adjourn, owing to the lateness
of the hour.

This course was agreed to.
Mr. Sullivan, on behalf of the prisoner, made a re.
quest that he should be allowed to smoke.

Mr. Flowers said that he could see no objection, but
that it was a question for the prison authorities.
Mr. Sullivan then protested against the course that
had been adopted by refusing the prisoner all commu-
nication with bie solicitor—a course, the learned
counsel ventured to suguest, whih was unprecedented
—and be complained particularly that a letter ad.
dressed from the solicitor for the defence to the pri-
soner bad not been delivered. The learned counsel
protested against this proceeding in most emphatic
terms, and said that the whole defence would be a
farce, and if the necessary permission for communica-
tion between solicitor and client was not allowed he
would retire from the defence.

Mr. Flowers and Mr. Poland (on behalf of urose-
cution) agreed that every facility should be offered,
and, after some further diszussion, the prisoner was
again remanded.