Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-12-03
FoRElols NEvvs.


Carey was resumed this morning. Inc court
room was crowded, but few persons were
outside Of the building. The prisoners
brother was present in court. ODonneu ap-
peared calm.
Walter YOUNG of Port Elizabeth, cab
driver, was called for the defence. He testi-
fed that he frequently drove the Carey fam
ily 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 At Port Elizabeth,
"You are q fine fellow; why did you not
shoot O'Donnell when he shot your father?"
Tom answered, II Rad no revolver. l went
to get It, but it was gone because my father
had it,"
The witness mentioned this to other cab
drivers. The cross-examination Of the Wit
ness elected NO material change in his testi-
mony. No other witness was called for the
defence and Russell began his address to the
jury.
Pryor states that he had resolved to apply
for hearing in the case of u Donnen, and to
force an explicit refusal to his application,
but that the other counsel in the case gave in
writing their opinion that the appearance of
an American lawyer sent by Irish Americans
would be fatal to the prisoner, and that if ap-
plieation was made, they would surrender
their briefs.
Attorney General James closed the case for
the government He said 90 much had been
said to blacken Carey's character, that the
people might believe it was right to kill him.
The jury had nothing to do with this question
for them to consider. Ibid the prisoner
wilfully murder him?" Sworn facts left no
doubt as to that. The prisoner never pleaded
self-defence until he saw his solicitor at Port
Elizabeth, and there was no title of evidence
to support the theory Of struggle or quar-
rel. The prisoners counsel had told the
jury story which O'Donnell had told to
somebody else, which was . theory unsup-
ported by evidence.
The attorney general denied that O'Don-
nell had summed Carey. He invited him to
drink shortly before he shot him. The woman
who was with O'Donnell on the steamer knew
all about the shooting and it was strange she
was not called As q witness. If she was
O'DOnnelrs wife. she could not testify. If
she was his mistress, WIZ were the prisoners
counsel afraid to call herr
Mr.. Sullivan, of the counsel of O'Donnell,
here made an objection to the remarks of the
attorney general, and said that the woman
had been alluded to in the evidence as Mrs.
O'Donnell, and that the attorney general had
no right to throw suspicion upon her.
Judge Denman said he considered the At
torney generals remarks quite fair.
The attorney general continued, saying
that it was evident she was not called be-
cause she could only corroborate the other
witnesses. At Port Elizabeth, O'Donnell
said before the magistrate that he enatched
the pistol from Carey's hand. If he was no
longer in any danger of his life, why did he
fre2 How did young Carey get the pistol
which O'DOnnell snatched from his father?
That statement was so absurd that another
cd tor he I'D 90 ont
with the former, and equally incredible. 1t
would compel the jury to believe that young
Carey was guilty Of perjury, and that he was
so precocious as to conceal the pistol in order
to fasten the crime upon the prisoner.
The attorney general said he thought Mrs.
O'Donnelps "Never mind, O'Donnell, you
are no infOrmer," showed what really hap
pened-that she saw O'D0nnell shoot Carey
and thought that the crime was nothing as
compared with the offence Of being an in
former.
The whole theory of self.defence, said the
attorney general, was untriable. The pris.
oner shot Carey deliberately and openly, be-
cause he believed it to be praisewOrthy act,
could attach to it,
His story was full of instances of men
seeking such glory. The jury, he knew,
would be superior to any bias, and pronounce
upon the facts of the case.
The attorney general occupied an hour and
. half in his address.
Judge Denman then delivered the charge
to the jury. which at p. M. retired to DELHI
crate upon a verdict At TAO o'clock they
returned to the court room and requested the
judge to furnish further explanations in re-
gard to certain matters connected with the
case. After receiving the instructions from
I'D. ..,p.v uoI h,,k nal
at 35 to the court room and asked for fur
Their explanations. These were given, and
they again retired.
At 8 o'clock the jury came into the court
room with verdict of guilty. Judge Den
mon thereupon sentenced O'Donnell to death.
The close of the trial was attended with
fearful confusion. The prisoner, after SEN
tence, while being dragged out by the police,
shook his right hand and shouted:
''Three cheers for Old ireland. good bye
United States, and to hell with the British
aud the British Crown!''
On leaving the dock last night O'Donnell,
guarded by strong escort, walked with .
firm and Undertaking step to the cell for con-
demned prisoners. He was intensely excited,
but maintained an air of defiance and contin-
ued to anathemize England and the English
people and laws. On reaching the cell,
ODonnell by q strong effort, regained his
habitual compCsure. The Catholic chaplain
of the prison, Father Fleming, soon visited
the prisoner. The visit had soothing effect.
After refreshing sleep, O'Donnell ate a
hearty brakefast, and conversed freely with
the wardens during Sunday. He expressed
no surprise at the verdict, although he con-
fessed that the jury's hesitation inspired him
with the hope that he might escape the ex.
IRENE penalty of the law. He highly praised
Mr.. Russelrs defence. He still maintains
that he is innocent of murder. All day Sun
day he displayed extreme Indifference, and
even bore jaunty air. He does not seem to
despair of . respite, and says his friends out
side will move heaven and earth to obtain his
release.
Father Fleming revisited the prisoner Sun
dav and remained . long time. He says that
O'Donneil 10 in good spirits and 10 prepared
for the worst. The brother of O'Donnell will
visit him Monday. The prisoner will proba-
bly, remain At Newgate. where he will be
hanged probably Dee. 18th. Ample precau-
tions are taken to prevent . rescue. Two
wardens remain with him night and day.
Gen. Pryor Coming Home.
LONDON Dec. l.