Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-01

| That IL Was Not Done In Self-Defense-
The ERrontery of the Younger Carey.
| LONDON, Nov. 30--The trial of ODen-
nell for the murder of James Carey be.
gun this morning before Judge George
Dennison in the old Bailey police court.
| Two sheriffs and several aldermen occu-
pied seats upon the tench. The small
| court room was crowded. Several ladies
| we're present. No one was admitted with
out ticket. The approaches were
thronged. Charles Russell, A. NJ. sullivan,
Solicitor Guy and Roger A. Pryor
| were present as counsel for O'DonnelI,
Henry James attorney general, and Po-
| land d Wright appeared for the govern
| ment.
O'Donneil entered the dock from an ad-
| joining prison surrounded by officers. He
| seemed unconcerned. He stood very e. ect
at first, then bowed his head, clasped his
hands and quietly cast glances at counsel
and watched the jurors as called. After
the reading of the charge O'Donneilf took
| seat, leaned over and whispered to Guy
| few moments. The jury is very inteili-
gent one, composed Of men of middle and
mature ege. There is no excitement out.
side the court house and but few people
| there.
! A large police force is guarding the
court. Russell, of O'Donnelrs counsel
| demanded that witnesses be excluded from
| the court room, which was granted. The
| jury being called, the clerk asked ODon-
nell if he had any objections to any of
them. Ee replied: II trust to my solici-
| tor for that While the jury was ex-
amined ODonnell seemed amused and ex-
changed greetings with Pryor. None of
the iurymen were challenged.
Henry James opened the case for
the government, described Carey's
| departure from EDgland ard voyage 10
| Capetown, saiG there was no evidence to
prove the prisoner embarked on The
steamer Kinfans Castle to kill Carey, bat
q new witness. .Cubitt, would testify that at
Capetown he gaTe the prisoner, at his ur-
gent request, d rough sketch of Carey and
the prisoner remarked upon receiving it,
''I'll shoot him. The attorney general
repeated the details Of the murder Of Ca
rey and pressed upon the jury that this
act vas not done IN self defense bat was
wIllful and preneditated murder. He en-
Joined the jury not to allow any feeling
against Carey to prejudice them in their
consideration of the case. O'Donnell lis
tened closely to the address of the attor-
ney general. he has been allowed the use
| of tobacco which be chews freely in the
dock.
James Parish, steward of the steamer
Meirose Castle, repeated the evidence given
at the preliminary examination. Two
plans Of the Melrose's cabin were shown,
one by the prosecution and the other by
| the defense. The witness declared the one
offered by the defense Ia inc orrect and the
| judge rejected il. Russell cross examined,
the witness who insisted that O'Donnell
was sitting down when he fired the shots
at Carey, woo stood leaning against the
cabin two yards away. Carey might have
easily reached O'DonnelI, but he made no
gesture to seize him. He did not see
young Carey go to his fathers berth and
only knew by hearsay that his fathers pis-
/ tol was found upon the boy.
| There was much discussion concerning
the correctness of the plans of the cabin,
all of which the judges declared faulty.
! The judge went into the witness box and
asked Parish to explain the position of
the tables and seats. Witness said they
were all placed incorrectly. O'Donnsll
appeared to be greatly interested in this
! episode, watching the judge narrowly.
The Judge cautionei Parish to be careful
IN giving replies to inquiries, especially
regarding his position when the shots were
! fred.
| Charles Jones, boatswain OF the Melrose
! Castle, testified rs at the examination, Il
was almost sure" but refused to swear
| O'DonDel's words we're Il did not do it."
! The judge examined O'Donnelrs
revolver and placed it on the desk
! There was silence when Thomas Carey,
| son OF James Carey, stepped into the wit
ness box. He gave his evidence promptly
! and cody, but was sometimes told to speak
more distinctly. OCCASIONALLY be would
! consider question we'll before reply ing,
and Vhen be failed to understand the in
/ quiry would shake his head. The judge
| questioned MIN In regard to his fathers
| position when he was shot, and was assidu-
Gus in making notes of young Carey's
evidence. When Il bag and revolver of
| james Carey was placed in the hands of
witness to identify, he weighed the weapon
and looked down the barrel. O'Donnell
scrutinized young Carey nervoUsly when
! he said he was not positive whether
O'Donnell, after shooting said, shake
hands, Mrs. Carey, 1 was sent to DO it,
LOU ~ L. 44O lcBIlu6O.
| Il went for fathers revolver and kept it in
my pocket for father was unable to use it,''
Young Carey was ordered to remain in the
court room and ths court went to lunch.
The crowd outside the court was then in
creasing and many Of the rougher class
miugling with it.
Upon re-assenbling, young Carsy's di-
| rect evidence was resumed and wSs about
the same as that given at the preliminary
examination. On cross-examination the
same as stated at Bow strees parish, that
he came from the cabin when he first shot
| vas fred. That statements. said, was
untrue, be had not then understooI the
question. Tbs witness was severely ques
toned concerning other Inconsistencies in
his present evidence With that given at the
Bow street examination, all directed as
test Of the truthfuiness OF the minor details
of bis story for the purpose of affording
means OF judging the eredibility of the
main fac's. The frequency with
which the witness c7utradieted himself
caused much amusement in cozrt, and the
spectators appeared to be amazed at his
unsbsshed demesnor, and effrontery. He
! declared o O'Donnell fired his revolver with
his lett hand, although other witnesses
stated it was done with his right hand.
The witness fnally admitted that he was
in doubt which nd he used. He acknnwI-