Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1883-12-02
OVER H WATER.
Proceedings of O'DOnnelrs Trial
for the Murder Of Carey-O'DOn.
nell Found Guilty.

nell FOunO OUAltys
ESPECIAL TO THE sENTIgEL.1
LONDON, Dec. 1.-The trial Of O'Donnell
for the murder Of Carey, was resumed to-
day. The court room was crowded, and
there are but few persons on the outside
of the building. Pryor sat behind Chas.
Russell, senior counsel for O'Donnell.
The prisoners brother was present.
O'DonnelI was calm. Walter Young. q Port
Elizabeth cab driver, was called for
the defense and testified that he frequent
ly drove the Carey family around Port
Elizabeth, and they ought to know him.
When Mrs. Carey and her son Tom denied
it, he was panic stricken. He once said to
Tom Carey OF Port Elizabeth: "You are
. fine fellow. Why didn't you shoot
O'Donnell when he shot your father2"
Tom answered, II had no revolver. /
went to get it, but when I went there it
was gone, because my father had it," Wit
ness had mentioned this to other cab
drivers.
His cross-examination did not material
ly change his testimony. No other wit
ness was called for the defense, and Rus
sell began to address the jury.
6c nchCu VIC jury, III COuoAuCItu6 tAC
case, to dismiss from their minds all they
may have read upon the subject Of the
killing of Carey. The prisonsr did not
deny shooting Carey. The question for
the consideration Of the jury was, did he
do it under q reasonable apprehension that
his life was in danger. If 30, they should
acquit him. If short of this, O'Donnell
acted only under a threat Of personal vio-
lence, they could not convict him Of MUIR
der, although it might not be possible to
let him go free altogether. The statement
was utterly false that O'Donnell went on
board the steamer Kimfsurs Castle to
track Carey like q sleuth hound at the bid
ding of a secret society. Russell said
those were only newspaper charges, which
he warmly denounced. He compared
O'Donnell, who he said was q hard-work-
ing man, with Carey, who was q villain
execrated by the people and unpardoned
by the Queen. He was known to be cruel,
treacherous and desperate; who, forced by
q man likely to denounce him, would not
scruple to resort to any weapon to overswe
or kill, and who, in all his murderous
conspiracies, took care Of his own life. 1t
was unreasonable to suppose that il
O'Donnell had premeditated the murder Of
Carey, he would have committed it in the
pIoStuCo VI boVoT8l Wltuob66bs
Gen. Roger A. Pryor states that he had
resolved to apply for q hearing in the case
Of O'Donnell, and force an explicit re-
fusal to his applications; but the other
| counsel in the case gave in writing their
| opinion that the appearance Of an Ameri-
can lawyer, sent by Irish-Americans,
would be fatal to the prisoner. They
further stated that II application
was made they would surrender
their belief. Gen. Pryor finally consulted
O'Donnell, who decided to abide the opin-
! ion of Russell and Sullivan. Russell, with
dramatic effect, gave O'Donnell's own
| story of the murder substantially, already
| published. Attorney Genera. James and
| Judge Denmsn ct first objected. Russell
| then narrated the brief alteration that
| took place in the cabin Of the steamer
| Melrose Castle between the two men; the
drawing Of pistols Of both and the shooting
OF Carey, all Of which, said Russell, occu-
pied less time than it took to tell. Hence
no recrimination was heard. The circum-
stances fitted with the testimony OF the
witnesses, Jones, Beeche and Marks. The
evidence given by Parish and young Carey,
he commended, unworthy. The evidence
was beyond doubt that Carey had . pistol
at the time he was shot. The boys testi-
mony to the effect that his father went
ashore at Capetown without it, and did
not carry it after his identity was dis
covered was false. O'Donnelrs re-
marked to Arbitt. after being
shown Carey's portrait, said, "I'l shoot
him." was merely . piece Of laughing
bravado, having no indication in it Of .
serious purpose. and to which nobody
would attach importance.
Sir Henry Jamea closed the case and
the Judge charged the jury. On compile
O'Donnell was found guilty.