The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-01
The Court Room Crowded, but the Trial
Fails to Arouse Any Unusual Excite
ment in the Streets.
The Son and Widow OF the Murdered
Man Give Their Testimony:
Pleasant and Genial Manner In Which
ODonnell Expressed His Mnrderous in
tentiOns-The Eastern Trouble.
THE O'DONNELL TRIAL.

| The Son and Widow of Carey on the Wit
ness-Stand.
| LONDON, Nov. 30-The trial of O'Donnell
for the murder of James Carey began this
morning, before Judge George Denham, in
the Old Bailey Police Court Two sherifs
and several aldermen occupied seats upon
the bench. The small courtroom was
crowded and several ladies were present.
No one was admitted without ticket.
Charles Russell, A. NJ. Sullivan, Solicitor
Guy and Roger A. Pryor were present as
counsel for O'Donnell. Henry James, the
Attorney general, and Poland and R. s..
Wright appeared for the government
ODonnell entered the dock from the ad-
joining prison, surrounded by officers and
seemed unconcerned. He stood very erect at
first, then bowed his head and clasped his
hands quietly, He cast glance$ at the
counsel and closely watched the jurors as
they were called After reading the charge
| ODonnell took his seat and leaned over and
| whispered to Guy for few moments
The jury is a very intelligent one, COM
| posed of men of middle and mature age
! There was no excitement outside the court
they mostly respectable citizens. A large
| police force is guarding the court. Russell,
ODonnelPs counsel, demanded that the wit
nesses be excluded from the courtroom,
which was granted. The jury being called
the clerk asked O'Donnell if he had any OBJ
| jections to any of them. O'Donnell replied,
II trust my solicitor for that" While the
| inrv was haino oOpplatad nInon1aII eoo,oad
amused and exchanged greetings with Pryor
None of the jury were challenged.
Henry James opened the case for the gov
ernment. He described Carey's departure
| from England on his voyage to Cape Town.
and said there was no evidence to prove that
the prisoner embarked on the steamer Kim
fauns Castle TO kill Carey, but the new wit
ness, Cubitt, would testify that at Cape Town
| he gave the prisoner, at his urgent request,
| rough sketch of Carey, and the prisoner re-
| marked upon receiving it, "Pll shoot him"
| The Encouragement repeated the details
of the murder of Carey, and pressed upon
| the jury that the act was not committed in
| self-defense, but was a willful and premed-
| etated murder. He enjoined the Jury not to
allow any feeling against Carey to prejudice
| them in their consideration of the case.
! ODonuell listened closely to the address of
| the Attorney general.
| James Parish the steward of the steamer
| Melrose Castle, repeated the evidence given
at the preliminary examination, Two plans
of the cabin of the Melrose Castle were
shown one prepared by the prosecution, the
| other by the defense. The witness declared
that the one offered by the defense was in
correct and the judge rejected it.
| Mr.. Russell cross-examined the witness
| He insisted that o. Donnell was sitting down
/ I L @ al@ b. l.
| leaning against the corner of the cabin, two
yards away. Carey might easily have reached
| O'Donnell, but he made no gesture 10 seize
| him. The witness saw no pistol other than
! ODonnelPs. He did not see young Carey go
to his fathers berth, and only knew by here
say that his pistol was found upon the boy.
| There was much discussion concerning the
correctness of the plans of the cabin, all of
which the judge declared faulty. The Judge
| went into the witness box and asked Parish
| to explain the position of the tables and
| seats. The witness said all the plans were
| incorrect.
ODonnell appeared to be greatly'interested
in this episode watching the judge narrowly.
| The Judge cautioned Parish to be careful in
| giving replies to inquiries, especially re-
! garding his position when the shots were
| fired
Charles Jones, the boatswain of the Melrose
| Castle testified as at the examination, that
| i,
that ODonnelps words were 81 did not
do it?''
The Judge examined O'Donnelps revolver
| and placed it on his desk.
cAREY's SON ON THE STAND.
There was dead silence when Thomas
Carey, son of James Carey, stepped into the
witness-box. He gave his evidence promptly
and coolly, but sometimes Vas told to speak
more distinctly. Occasionally he would con-
slider the question we'll before replying, and
when he failed to understand an inquiry he
would shake his head The Judge questioned
him in regard to his fathers position when
he was shot, and was assiduous in making
notes of young Carey's evidence. When the
bag and revolver of James Carey were placed
| in hands of the witness to identity, he
opened the weapon and looked down the
barrel. O'Donnell scTutinzed young Carey
narrowly when he said he was not
positive whether O'Donnell, after the shoot,
ing, said, "Shake hands, Mrs. Carey, 1 was
sent to do it," or II had to do IT,"
He further testified; 81 went for fathers re-
volver, and kept it in my pocket, because
father was unable to use it.''
Young Carey was ordered to remain in the
courtroom, and the court went to lunch.
The crowd outside the court was then in
creasing, and many of the rougher class were
mingling with it,
On reassembling, young Carey's direct evil
dence was resumed, and was about the same
as given at the preliminary examination.
| On cross-examination, he said he had stated
at the Pow-street examination that the
parties came from the cabin when the shot
was fired; that statement, he said, was un.
true. He had not ther understood the ques
tion. The witness was severely questioned
concerning other inconsistencies of his pres
ent evidence with that given at the Bow