The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-12-02
TelesrapAIc Foreign News of Interest.
o'DosSELL's TRIAL.

o'DosSELL's TRIAL,
LONDON, Dec. lat the o'Donnell trial
to-day the court room was crowded, but
few were outside. Pryor sat behind Rms.
sell, counsel for O'DOunell. The prisonarIa
brother was present, O'Donneli was calm.
Walter Young, n font Elizabeth cab driver,
Tor the dtisnse, testified that he frequently
drove the Carey family around POM Eliza
bell, and they oughtto know him, He once
y tlne fellow, why didn't Won shoot o'Dars
nell when he shot your ialher2" Tom an
swered, ~ had no revolver. | went IN
got II, but when | went there Il was gone.
because my father had itn Tho w,tnena
had mentioned this TO other cab drivers
The oross'examinaiion did not materialIv
change the testimony. There being no
other witness for the roiense, Russell began
his address TO the Jury.
Russell with. dramatic effect gave OiDon.
noiia own story OF the murder, substan.
TALLY as already published. The attornev.
general and Judge Denman at first obiected
out Russell then narrated the brief aiterca.
ton which took place In the cabin Of the
Melrose Castle between the two men, tho
drawing OF pistols by both and the shoot
tng OF Carey, all OF which, said Rus-
sell, occupied less time than n took
to tell II, hence no recrimInation
was heard. The circumstances fitted with
the testimony OF witnesses Jones, Beecher
aud Marks. The evidence given 6y Parish
as 10 young Carey was, he contended, nm
worthy OF credanoe and II was beyond n
doubt that young Carey had his pistol AZ
the time he was shot, The boys testimony
TO the effect that his iather went ashore AZ
Capetown without II and did not carryIt
after his identity was discovered, was false.
O'Donnell remarked, tits Cubitt,u altar
shown Carey's portrait, ''I'll shoot
him, was merely a piece OF laughing
hrayado, having no indication In II ola
serious purpose aud TO which nobody would
attach Importance, Russell urged the Jury
10 dismiss ffom their minds all that they
may have read upon the subject OF the kill
ing Of Carey. Tho prisoner did moi DENY
the shooting Of Carey. The question for
the consideration OF the Jury was, "dId no
do II under the reasonable apprehension
OF his lite2" II so they should
acquit him, II short Of this.
O'Donnell acted only under a threat OF per.
sonal violence. they could not convict him
Of murder, although il might not be posi-
BILE to let him 30 free altogether. Tho btAle-
ment was utterly false that 0'Dounell went
on board the steamer "kinlanns Castle, ITO
/ track Carey like n sleulh.hound az the bid
1
these were only newspaper charges.
which he warmly denounced. Judge
| Denman said the counsel was hardly
pfomoting tne Interests Of bis client,
and hstIusiei The Jury would MT be infu'
enod by anytime except the evidence given
IN court, Russell raid that the accusation
had M important bearing because Il sug.
gestod the wordp, " was sent to do II p
which we're put into O'Donuell's mouth by
Mrs. Carey but IN deierenoo 10 the Judges
remark he would mako no inrther reference
10 newspaper attacks. Russell then com.
pared O'Donnell, who was nn honest, hard
working man, With Carey, who was a vii
lain execraied by the people ,unpardoned by
the queen, known to be cruel treacherous
ard desperate, who wes forced by a man
likely 20 denounrf hilA and would not
scruole 10 resort n ny weapon 10 overAge
or Kill, aud who In I'll his murderaus con
snlmcies took care OF his own lite, - was
unreasonable TO suppose that u O'noAnell
had premeditaied the murder OF Carey he
would have committed It In the presence OF
several witnesses.
Russell said that although no witness
saw the pistol IN Carey hand. yet Il ives
quite likely that pistol was drawn, but
owing to the uncertain light In the cabin
and the excitement at the moment, II es.
osped his observation. He submitted the
> TACT that the boy Carey, picked up the re-
yolyef for the purpose OF shooting
0'Donnoll, II he got q chance,
or for the purpose OF ooncealing IL
|. IN order TO make II appear that 0'Donnel
committed 40 unprovoktd murder. Rus,
sell, after Insisting upon the credlbliiy oi
; the testimony Of the cab driver made on
eloquent appeal 70 the Jury for an unpreiu.
, diced and calm consideration OF the cas-,
Ifthey were drawn lrreslstably 10 the CON
!. clusion that the prisoner was guilty
they would convict, but II they
: felt that there were importan
parts Of the evidence which crumblet
, when they attempted TO stand upon thom
, then whatever suspicious thay m ght havl
they would give the prisoner the benefit o
the doubt. IL was better that guilty per
a son should sometimes escape than an limo
cent one suffer, Russell spoke four hours
, and concluding was loudly applaudsd. Tn
Judge aternly repressed the ap
: platse. Attorney General James closed th
, case Tor the government. He said that q
! muon had been said 10 Rlackel
= uarey's character that people nigh
: believe II was right to kill him
I, The jury had nothing 10 do with
this the question for them 10 consider was,
Did the prisoner wilfully murder him.
: sworn facts lett no doubt ne 10 that, thu
9 prisoner never pleadsd self defense until n,
saw hla solicitor at Port Elizabeth and ther
was no title OF evidence 70 support the the
ory OF struggle, or quar-
% rel. The prisoners council hsl
y told the Jury the story, which o Donnel
4 had told somebody else. II was a theor
e unsupported by evidence. The attorney
,s general denied that D 'Donnell had shunne
4 Carey, he invited him 20 drink shortl
d before he shot him. The woman wit
lnfnaee..ll an. =. ~ -.
e the shooting. IL was strange that she va
y not called as witness and II she va
Z 0'Donnel,s wife, she could not testify.
d uhe was his miiress why were prisoner
10 counsel afraid 10 call her. Sullivan Of th
~ counsel for O'Donnell, objected
! the remarks OF the aitorney.geaer
u and said that the woman had been allude
ID TO In the evidence as Mrs. O'Donnell, an
" the attorney. general had no right 10 thro
suspicion on her.
Judge Denman delivered the charge
the jury, He said the evidence was con
a. pact, and the question simply was, was N
Of killing done In seli-defenst1 they mui
IA decide the case regardless
ie wnat they may hear IN new
go papers, which he thought wei
he partially responsible for the shooting
al Uarey, on account Of their bid and sei
n, eationai paragraphs coucrrnine' hin
he The Juago IN reviewing the evident
IA said that be found the witnesses agres
IN With each other up 10 the mome
"A. OF the shooting Under the ofcur
nn aiances the Judge thought tho iul
N should adopt The version most favofah
IA 70 the prisoner. II was plain tnat O'ilo
AL nell Old not cay l am sorry, but had
N DO II; he attacked me hrst' The bo
Carey. who was deeply interes'ed IN n
resnlt and likely 10 stretch 4
IL. truth. eonirsdi..sd himself, and v,nss.i