The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-12-06
TO HANG.
O'D0nnell Found Guilty and Sentene-
ed fO Death

LONDON, Dee. 1.-At the ODonnell trial
few outside. Pryor sat behind Russell, the
senior counsel. ODonnell was calm. Wal
ter Young, the Port Elizabeth cab driver,
testified for defense, said he frequently drove
Carey's family around Port Elizabeth they
ought to know him; he once said to Tom, at
Port Elizabeth, you are fine fellow, why
didn't you shoot O'DOnnell when he shot your
father?" Tom answered, 81 had no revolver;
went to get it but when / went there it was
gone, because my father had i" Witness had
examination he did not materially change his
testimony. No other witness call for defense
and Russell began to address the jury.
Russell urged the jury to dismiss from their
minds all they may have read on the subject
of the killing of Carey. The prisoner did not
deny the shooting of Carey; the question. for
der reasonable apprehension of his life?' If
so, they should acquit him. If short of this.
ODonnell acted only under threat of personal
violence, and they could not convict him of
murder, although it might not be possible to
let him go free altogether. The statement was
utterly false that O'Donnell went on the steam
er to 'kinfaun' g Castle to track Carey like q
sleuth hound at the bidding of a secret society.
Russell said these were only newspaper
charges which he warmly denounced. Judge
Denman remarked that counsel was hardly
promoting the interests of his client. He
trusted that the jury would not be
Tse &c by anything except exec IT. the eydenee
had an important bearing, because it sug-
geSted the words II was sent to do it," which
were put into 0'Donnells mouth by Mrs. Cary,
but in Difference to the judges remark he
would make no further reference to the news
paper attack. Russell then compared O'DOn-
nell, who was an honest, hard working man,
with Carey, who was Il villain, eXecrated by
the people, unpardoned by the queen, known
to be cruel treacherouS and desperate, forced
by man likely to denounce ipi, lie would not
:, Scruple to resort to any weapon to kill, and
when in all his murderous conSpiracieS he took
care of his own life. 1t was unreasonable to
suppose If O'Donnell had premeditated the
presence of several witnesses.
Gen. Pryor states he had resolved to apply
for hearing in the case of O'Donnell and force
an explicit refusal to his application, but other
counsel in the case gave in writing their opin-
ion that the appearance of an American law
yer, sent by Irish Americans, would be fatal to
the prisoner. They further stated that if the
application was made they would surrender
their briefs. Gen. Pryor finally consulted
O'Donnen. who decided to abide by the'opin-
ion of Russell and Sullivan.
Russell, with dramatic effect, gave O'Don-
nell's own story for murder substantially as a,
ready published; The Encouragement and
Judge Denman at first objected. Russell then
narrated in brief the alteration that took
place In the cabin of the Melrose Castle be-
tween the two men, drawing pistols by both
and the shooting of Carey, ali Of which he said
occupied less time than 1t took TO tell it..
Young Carey was, he contended, unworthy of
credenee and it was beyond doubt that Carey
had n pistol at the time he was shot, the boys
testimony to the effect that his father went
ashore at Cape Town without il, and did not
y
false. O'Donnell's remark to Cubitt after he
was shown Carey'S portrait, "I'll shoot him, -
was merely piece of laughing bravado, hav-
ing no indication in it of serious purpose, and
to which nobody would attach Importance.
Russell said although not witness saw the
pistol in Carey'S hand, yet it was quite likely
the pistol was drawn, but owing TO the uncer-
tain lightin the cabin, and the excitement of
the moment 1t escaped observation. He
submitted that the boy, Carey picked up the
revolver when his father fell and kept it for the
purpose of shooting ODonnell if he got a
chance or for the purpose of concealing it, in
mitted an unprov0ked murder. Russell after
insisting upon the credibility of the testimony
of the cab driver made an eloquent appeal to
the jury for unprejudieed and calm c0nsidera-
ton of the case. ffthey were drawn irresista-
bly, to the conclusion that the prisoner was
guilty they would convict but If they felt there
were Important parts OF evidence which crum
bled when they attempted to stand upon them
then, whatever the suspicious they might have
they would give the prisoner the benefit
of doubt 1t was better one guilty
persons should sometimes escape than an in
nocent one suffer. Russell spoke for foul
hours and on concluding was loudly applauded
The judge sternly repressed applause. Attor
ney-General James closed the case for tht
an hour and half. The Judge then delivered
his charge to the jury, which at p. m. re
tired. At $40 they returned and requested
further explanations. After receiving the in
and asked for Du T6sse were RVef
and they again retired. At . the jury cam,
into the court with a verdict of guilty" Judg,
Denman thereupon sentenced O'Donnell t
death.
The prisoner now wanted to speak, but tn,
Judge ordered his removal. The police seizet
him, when O'Donnell held up his hand witt
fingers extended and shouted: "Ihre
To hell with the British and the British
crown. 1t is plot made up by the crowd"