Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-03

hie inos why ufu ne ur0f now ola young
Carey get the pistol which O'Donpell had
snatched from bis father. That state
ment was so absurd that another one was
made for the prisoner to-day, Inconsistent
ly with the former and equally incredible.
1t would compel the jury to believe that
young Carey was guilty of perjury and
was SO precocious as to con-
ceal this pistol in order to
fasten the crime upon the prisoner.
The attorney seneral SAID he thought Mrs.
O'Donnelrs remark, ''Ne7er mind, O'Don-
nell, you are no informsr," sho wed
what really happened. She saw
ODonnell shoot Carey and thought
that crime was nothing compared with
the offense OF being an informer. The
whole theory of sef-denss, said the attor-
ney general, was unsenable. The prisoner
shot Carey deliberately and openly. be-
cause he believed it to be a praiseworthy
act and wished to enjoy all the notoriety
that would attach to it. History 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. The
judge then delivered his charge to the
jury, which, at p. M, retired and at TAO
they returned and requested some further
explanations. The jury retired, but again
returned and asked explanations, and when
these were given they again retired. At 0
O'Clock the jury came into the court, with
a VERDICT of guilty" The judge, Den
man, thereupon sentenced ODonneM to
death. General Pryor sails from Liver
pool for New York in the Germanic on
the 9Th inst. The lord mayor of Dublin
has invited General Pryor to a public
dinner.
Sir Henry James closed the ease and
the indge charged the jury On the contea-
pletlon charge. AT p. m. the jury re-
tired
The judge warned the jury against papers.
on account of their morbid and sensation
al paragraphs concerning him. The Judge
in reviewing the evidence said he found
the witnesses agreed with each other up to
the moment of the shooting. O'Donnell
and Carey seemed to be friendly, and as to
O'Dcpnelps words to Mrs. Carey under the
circumstances the judge thought The jury
should adopt the version most favorable to
the prisoner. It was plain O'Donnell did
not say: 81 am sorry, but I had to do 1T;
he attacked me first" The boy Carey,
who was astute and oversharp, was deeply
interested in the result and likely
to stretch the truth. contradicted himself
and other witnesses. His statements
should be narrowly watched and were not
to be relied upon unless corroborated.
The absence of the woman called. but not
proven to be Mrs. O'Donnell, was of great
significance and open to comment by the
counsel, especially as she came from the
cape with one witness. O'DonnelPs threat
to shoot Carey was of the greatest import
ance, in view of the fact that he killed
Carey the next day. The judge in refer
ring to the testimony of Cubit5 said, the
giving of the portrait and sketches of
Carey to O'Donneli was a dangerous pro-
ceeding and one likely to make him think
that killing such an infamous
person was no crime. The foundation of
society would be Slapped if it was suppcs-
ed the life of an Infamous person might
be excusably taken. The Judge said O'Don
nell's statement that he snatched the pistol
from Carey's hand, if true, would not JUS
tify his acqulttal on verdict Of man
slaughter, for O'Donnell was no longer in
danger of his life and had no excuse to
shoot Carey three times. The judge then
defined the terms of murder and man
slaughter. If the jury was satisfied that
self defense was proven, they should aequit
the prisoner, and if they thought the pris-
oner suffered real provocation, they
should find for granddaughter.
If, however, they were convinced the deed
was not committed in self defense, or I'M
der grave provocation, then they must
pronounce him guilty of wilful murder.
Upon the completion of the judges charge
the jury at p. m. retired to deliberate.
When the jury first retired O'Donnell stood
up in the dock and looked about with
great composure. The jury first returned
to ask if man had deadly weapon in his
use it against him and shot the for
murder? The judge replied
was the evidence of any act done by Carey
which induced ODonnell to think that
Carey meant to shoot him. When the jury
had retired, Sullivan expressed a doubt
whether the judge had not given wrong
direction to the minds of the jury; but on
the question, Judge Denmen asked Sulli-
van if he could suggest where such evil
dence was. When the jury returned the
second time they asked the judge the
meaning of ''maIice aforethoHght." The
judge carefully defined the law Of murder
bearing upon that point, as applied to tbs
present case, quoting authorities in sup
port of his definition and application. The
jury again retired ard returned in four
inmates with verdict Of wilful murder.
When Judge Denman asked O'Donnell ii he
had any thing 20 say why the sentence Of
death should not be passed upon him,
0'Donnell made no reply. The judge then
passed the sentence of death in the usual
manner. The prisoner now wanted to
speak. The judge, however, ordered him
removed. Ire police seized him, when
O'Donneli held up his right hend, with his
fingers extended, and shouted "Three
cheers for old Ireland. Good bye United
States. I'd hell with the British and
the British crown. Its a plot made up by
the crown" The prisoner, shouting an
cursIng, was removed by the police, amid
the most frightful confusion and slamming
of doors. This action of ODonnell caused
the greatest excitement and surprise, as
he previously had gained the sympathy
of the audience by his good behavior.
LONDON, Dec. General Roger q.
Pryor states he has resolved to apply for
hearing in the case of O'Donnell and force
an explicit refusal to his application, but
the other counsel in the case gave in
writing their opinion that the appearance