The Express.
London, England, 1864-10-03 00:00:00

THE MURDER OP A BAILIFF BY A BARRISTER.

Mr. White held an inquest yesterday, at the
Meath Hospital, ca view of the body a/ Richard Fox, a
bailiff, who eine by his death under tie following abeam-
staaose that about hell-past tea deka on
Thursday, Joe Grace, civil bill officer, proceeded to the
ho 94. Upper Rathmines, occupied by Mr. William
0' formerly a banister, to execute • warrant at the
emit the landlord, Mr. John M`Doonell, 96, Upper
Rathminee, with instructioce to distrain for Si. rent due by
Mr. O'Dell. Grace was accompanied by two other bailiffs, and
remained in the hone up to about half.past one o'clock. not
wishing to do anything until the arrival of the landlord, being
under the imprenon that erne arranger:eat might be come
to which would render it unser:emery to seise anl
away the furniture. About four o'clock Grace refused,
brinogginmgg with him • third bailiff, the unfortunate man
Richard Fox. No arrangement having been come to the
bailiffs seized on the furniture and carried it out of doers,
leaving such articles as were norraary for Mr. O'Dell's
personal use. Up to this the bailiffs thought that they
were dealing with one of the quietest men imaginable, and
there was no suspicion whatever of any attempt at violence.
They were deceived in this respect, however, for just
as the men were " bidding him good evening," Mr.
O'Dell fired • small pistol, the contests of which struck
Fox and penetrated the temple. The other men were
just about six yards outside the door at the time,
and on hearing the report of the pistol and seeing the smoke
returned, and discovered the nature of the catastrophe. Mr.
O'Dell acknowledged that he was the person who shot the
deceased, and was accordingly taken into custody. He was
brought before Mr. Allen, at the head office, in custody of
Inspector Daly, of the E division, and Smullen of the G
division, charged with the wilful murder of Richard Fox,
under the circumstances above stated, and was at once

remanded to the coroner. The prisonei, who belongs to •
respectable family, formerly held • situation in the Fine Arts
Department of the Royal Dublin Society, sod appears to
be about 5.5 years of age, without anything ',palates in his
appearance, except • kind of wild and sullen expression
about the eye. lie wee quite calm during,the inquest.
Joseph Grace, civil bill officer of the city of Dublin,
swore—l went yesterday to the house 91, Upper Rathmines,
to make • distress for rent, for the landlord, Mr. M'DonnelL
I was accompanied by • man named Hennessy, who entered
the house before me. I then went in and naked the ser-
vant if Mr. O'Dell was at home, and she said he was in
the parlour to the right hand side, and I think she said he
was not up. I did not go in, but I stood clone so the par-
lour door and read the warrant aloud, and stated it was
signed by Mr. O'Donnell in my presence. I read • copy
of the notice of distress, signed by me, and put it under the
parlour door, and said, "Bare, Mr. O'Dell, is the notice
of distress." I then went into the opposite parlour to wait
for Mr. O'Dell, and in gloat • quarter of an hour or
twenty minutes Mr. O'Dell came across from the parlour
he was in. I stood up as he rams in, and told him that I
had come to make • distress. I waited for Mr. M`Doonell
until after 1 o'clock, and in the meantime I sent repeatedly
to Mr. M‘Donnell's house to inquire if the had come home.
Before be came I was sitting in the garden smoking, and Mr.
O'Dell came oat to me and brought out • gnndstone and
placed it beside me.
Prisoner—Are you positive I brought it out, or that it
was not lying beside your feet, and that I merely lifted it
up
Witness—Yee, sir, I think it was there, and that you
lifted it up. He then commenced to grind a large pruuiog
knife, which I ideotify. He said, " Dear me, it's hard to get
tobacco off • knife." I said " Yes " at the time, but thought
that was rather an awkward tobacco knife. lie turned to
leave the grindstone, shot the knife, and was about putting
it in his pocket when I saw the end of • pistol exposed.
Prisoner tproducing • tin canister from his pocket)—Are
you certain it was not that?

Witness—l am certain it was not that; it was something
like the butt-end of a pistol, and, as he dropped the koife
into his pocket, it struck against something like solid iron.
I took no notice of the matter. Mr. O'Dell went away, and
• short time after I told Hennessy that I would go into
town, leaving him in charge, which I did about half-pad
ooe o clock ; in town I met Mr. M'Donnell, the landlord,
who told me he would', e ut, and I I ratt4ht Fox with me ;
he was one of my assistants, and was named in the warrant.
We arrived at Mr. O'Dell's place. I remained there
until it was coming up to dye o'clock waiting for Mr.
Id -Donut] ; about five o'clock I commenced to make
en inventory of the furniture. When I said I bad seen
' Mr. M'Donnell in town Mr. O'Dell asked if he had
been drinkiug, and I said he bad the appearance of drink,
and Mr. O'Dell said, " So much the worse. " My instruc-
tions were to endeavourto get up possession, and they were,
I believe, to give him his goods, which were to be stored in
Mr. 11'Donnell's premises, four doors further np, in order to
rye expense. Mr. M'Donnell and Mr. O'Dell met, I think,
in the garden, and came into the ball together. Mr. M'Don-
nell stood beside me, and I salted him were we to remove
the furniture. He said, " Oh, you know your duty ; they
must be taken away ," and I at once ordered the men to do
so. Mr. O'Dell was so quiet and civil whilst I was in the
house that I actually felt pity for himself and his wife.
So much was I struck with his gentlemanly
demeanour towards us, that when Fox 'eked if
" Jemmy" (the bailiff Hennessy) was all right, I said
he might as well be with two children. Fox and Hennes
commenced taking away the things, and I sat at • table
taking the inventory. Daring this time Mr. O'Dell pared
frequently through the hall, and never said au uncivil word
to them. Mr. M'Doonell sent a man to assist in taking
away the goods. During this time Mr. M'Donnell sod Mr.
O'Dell west into one of the parlour', and Mr. M`Donnell
afterwards came to me and said, "We will sot touch Mrs.
O'Dell's bed or bedding. " Mr. M'Donnell afterwards came
to me and took me to the kitchen, and said, " Yon must
take all away." I said. "We are not to take their bed or
bedding;" be said, "You know your duty," and left me
in that undecided way. Mr. O'Dell afterwards said.
" You are not going to take our bed and bedding ? "
I said. " I would like to act honeatly between
you if I could, but I certainly can't understand Mr.
M'Doenell what be wishes me to do. Go down to him. and
have positive directions about your bed." I think Mr.
M'Donnell rettuned to me with Mr. O'Dell, and told me not
to take the bed. In • short time afterward, Mr. O'Dell
asked me if I would take the wearing apparel. I said,
"You know very well that, this being • diadem for rent,
the wearing apparel is liable to be taken away." I asked
Mr. M'Donnell if I were to take them, and he said, " We
must take all away to-night but to-morrow. when we
understand each other better, I will give them up, or any
of them you wish, as von know I don't wish to be harsh
with you." I said, "I am sorry lam so unwelcome
a visitor. I hope I won't meet you in this capacity
again." Mr. and Mrs. O'Dell thanked me for the manner
in which I had performed my duty, and I then went outside
the door arid bid them good evening. It was then dark. and
candles were lighting in the parlour. I then stepped into
the hall. The furniture at this time was all removed except
• table that was lying outside the door. As I came nut of the
doorthe servant asked if Twee going to take that old table ? I
said not, and Fox sod Hennessy carried it in, and asked the
servant whether she would have it in the parlour or in the
hall, and she said, "We will have it here." I think 1
walked in after them, and Fox said, "We will be out im-
mediately." I walked slowly out sod paused a little, waiting
for them, and when at about five paces I heard a foot after
me, and I had got about eight or nine paces from the door
when I heerd the she'. I turned my head slightly round,
when I saw the smoke in the doorway. Hennessy was
behind me, and said. "I'm shot, Iran. run." I "Don't
woke a fool of yourself ; it is no such thing." I then fully
turned round toward, the door. and I saw Mr. O'Dell stand-
ing on the right hard side of the door. and two women with
him. I thought at the time he was going to commit suicide,
and I had • similar impression daring the day. I beard •
faint shriek from both the women, and one of them said.
"Don't commit violence." I immediately afterwardsheard
Mr.(YDell say loud)y, "Now go for the police,chame me with
murder." Hee newsy( wubehind me, and at first I thought to go
bark. hut am I was unarmed, and fearing that the prisoner
had a revolver, I thought it prudent not to do DO : we ran
down to Mr. M'Donnell's, and gave the alarm ; Hennessy
then went for the police, and I remained with Mr. M 'Doe-
cell until the police came, and we followed them to O'Dell's
house; Hennessy shouted out that O'Dell bad given himself
up. end was in the police station; when I went op to
O'Dell's house I saw Fox supported in the arms of Hennessy
and a policeman ; I saw blood on his face, and he appeared
to be dead ; they lifted him up on a ear, and I caught hold
of his legs, and whilst doing so I beard • slight sigh ; I west
to the police station for the purpose of charring O'Dell, or
doing what was necessary ; O'Dell was sitting on • form
before the fire when I entered the stetion•honse, end be
asked me if it were true that the man was dead, and I said,
" I was sorry to say it was too true."
James Hennessy ftworn— I am a bailiff, and was with the
last witness at O'Dell's. I remained in O'Dell's from jthe
time I went there in the moaning until I came away in the
eveoinc. In the evening I unfitted in taking &wet. furniture.
I was there when the servant asked for the table, and Fox
and I rave it up to her. Fox and I were coming out after
the', I heir g first. We sho-di hands with the servants, and
hid them all good night. 'There were two jars outside. and
Fox said "there is something that was forgotten." I
stooped for the pas, and I then heard the shot. Mr. O'Dell
was civil all dee, and ordered me my dinner. The shot
was unite close behind me. I saw the smoke and the fire,
and I roared out to Mr. Grace that I was shot. (A laugh.)
Mr. Grace turned round, and I coiled on him to go on and I
would go after him ; I saw the prism:Kir et the door. and his
wife and servant trying to keep him hack ; I heard O'Dell
say, " Send for the police, I'm after killing him." or some-
thing to that effect, and I ran to Mr. M•Doenell's, and then
for the pollee, and while I was in the star nn the prisoner
came in with the pistol in his bead, gave himself up, and
said, " I have murdered the man," or something to that
effect ; after that a policeman and I ran back to look for
Fox. whom we found outside the door, part of his nether
limbs being on the pathway. I assisted in getting him on
the car, and came with him to the hospital. I could
rot say that he was dead when I found him at the door, bob
I saw no sign of life in him ; previous to the firing of the
shot, there was no change iu Mr. O'Dell's conduct towards
us. so there was no dispute.
T., the jury—When Mr. O'Dell came to the statioc-
house be was just as calm sod deliberate as he is now, and
did not appear to be excited when he said he bad killed the
man.

After some further evidence
The jury found that the deceased came by his death from
the effect of a gunshot wound, and that that wound was
inflicted by the prisoner.
The prisoner was folly ccmmited for trial at the next
coloniistion, and accordingly removed in enstody.—Saunders'
New Letter.