Morris tribune., 1883-12-05
ENGLISH JUSTICE.
Closing Scenes in the Trial of O'Don-
nell, the Slayer of Carey.

Judge Denman delivered a charge to the
jury He said:
The evidence was compact The question was
simply. was the killing done in self-defense? The
jury must decide the case regardless OF what they
they may read in the newspapers, which he
thought partially responsible for the shooting or
Carey, on account of their morbid and sensa-
tional paragraphs concerning him. The judge.
reviewing the evidence, said he found the wit
nesses agreed With each other. Up TO the moment
be friendly. As to O'Donnel's words to Mrs.
Carey, under the circumstances, tho judge thought
the jury should adopt the version most favorable
to the prisoner. 1t was plain that O'Donnell did
not say; II am sorry but Il had to do it; he
attached me first" The boy. Carey, who was
astute oversharp, deeply interested in the result.
and likely to stretch the truth, contradcted himself
and other witnesses, and his statements should be
narrowly watched, and were not to be relied upon
unless corroborated. The absence of the woman
called, but now proven to be Mrs. ODounell, was
of great significance, and open to the comment Of
the counsel, especially as she came from the Cape
with one witness O'Dounelrs threat to shoot
Carey was of the greatest impor auce, in view OF
the fact that he killed Carey the next day. The
Judge referring to the testimony of Cubt, said the
giving OF the portrait and sketches OF Carey to
likely to make him think of killing such an
infamous person no crime. The found
alton of society would be Slapped If it was
person might be excusably taken. The Judge said
that O'Donnels statement that he snatched pis-
toll from Carey's hand, if true, would not justify
q
ODonnen was then no longer in danger of his life,
and had no excuse to shoot Carey three times The
Judge then defined the terms murder and man
slaughter. the jury were satisfied that self-de-
Tense was proven, they should acquit the prisoner
If they thought the prisoner suffered real proyocd-
ton, they should find for manslaughter. Ii, how
ever thew were convinced that the deed was NOT
committed in self -defeuse under grave provoca-
tion, then they must pronounce him guilty OF will
full murder.
CONVICTED.
TIOo, Tho oo1f1Dlation of fha iUdonfS pharOQ
the Jury at D. NJ. retired to deliberate. When
the jury first retired, O'Donnell stood mp in
the dock and looked about with great COM
posure. The jury first returned to ask if
man had o deadly weapon in his hand and an
other thought he was about to use it against him
and shot the former, would it be manslaughter
or murder? The judge replied it would be
neither; but he asked where was evidence of
any act done by Carey which induced O'Don-
nell to think Carey meant to shoot him? When
the jury had retired. Sullivan expressed doubt
whether the judge had not given wrong dIree-
tons to the minds of the jury, but there
upon Judge Denman asked Sullivan il he could
suggest where such evidence was. When the
jury returned the second time, they asked the
judge the meaning of 'malice aforethought"
The judge carefully defined the law of MUIR
der bearing upon that point, as applied to the
present case, quoting authorities III support of
his definition aud application. The jury again
retired and returned in four minutes with
verdict OF wilful murder When Judge Den
man asked O'Donuell if he had anything to say
why the sentence of death should not be passed
upon him, ODonnell made no reply. The
judge then passed the sentence of death IN tho
usual formula The prisoner now waited to
speak. The judge, however, ordered him re-
moved. The police seized him, when O'Don-
nell held up hi. right hand, fingers extended,
and shouted ssThree cheers for old Ireland
Good bye, the United States. To hell with the
British and British crown. It's plot made up
by the crown" The prisoner shouting, cursing
and struggling, was fore bly, removed by the
police amid most fearful confusion and slam
ming of doors This action of 0'Donnell
sused the greatest excitement and surprise, as
10 had previously gained the sympathy of the
audience by his good behavior