Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-12-18
From His Unsuccessful Mission
TO England.
THE CURIOUS CONDUCTOR THE JUDGE
Who Presided at the Trial Of 0'Donnell-
Incidents of the Execution of
tie Ayenger-A Re-
markable Man.

TIC NiOhus
WAS any unfair adval tages taken by the
prosecution in the examination of THE wit
nesses and the presenting Of the case to the
jurors?" ----..---.----s -. p :
thought that the summing up by the Crown
was unfair to the prisoner"
The defense was not hampered by the
prosecution, was it?'
No. In presenting our side OF the case
we were working on the belief that
There was no Prem ediiatiOn.
We had witnesses, some from America, to
show that O'Donnell was not sent TO as
sassinate Carey; that he did not know that
Carey was on the ship until the day be-
fore the shot was fired, and so on, but the
prosecution considered all that In fact, ]
must say frankly that everything went on
as well as We could expect until after the
case was given TO the jury, and they, alter
retiring, came back iOr further lnstruc
tiUns. Their quts tiOns showed that thev
were lavorably disposed toward the prls-
oner. They wan,ed 10 know whether eVl.
d6nce slowing that Carey carried a pistol
AID had drawn il at the time Of the killing
would alter the verdict. Judge Denman
IN q solemn and frightful voice, said
Yes, gentlemen, but where is the evidence
There IS no evidence. II is sn idle tale.
| 90 MT remember the exact language |
remember its import and the tone of voice.
Thpt Answer was wholly Against Eng
Iish Law.
If all American judge should make such
a statement to jury he would be I'm,
peached for it. After that reply | lost all
hGDe IL convicted ODOnDel!.'
Then, after the Jury retired the Judge
left the bench and went TO his room.
When he came back he brought the black
csp back with him, holding it down by his
side, 80. Mr.. Pryor illustrated his state
mept by standing at his library table, with
his hand close 10 his side and little oack
OF him. might have been deceived by
my eyes on that point, perhaps, but that's
what ! saw. He did not again leave his
seat, aid when the jury came IN he had
the cap at his hand ready to place It on his
head"
WAS there any evidence to show that
ODonLell was acting in self-defense, or at
least 10 cause an honest doubt in the
minds of the Jurors as to the premedlta-
tiOn
Nest decidedly. It was impossible to
escape that inference.
A Pistol Had Been Furnished TO Carey
by the Government. He had it constantly
with him during the voyage. lie drew it
when The alteration began. ODonuell
was not fool. He could have dropped
Carey overheard ii he had meuitsted as
saSsination, or, better still, he could have
waited until in the bush at Natal, where
there would have been none TO tell the tale,
Instead of that he shot the infOrmer in the
presence OF six witnesses. There was, OF
course an inciting cause. That cause was
Cerey's ready pistol. O'Donnell did ii in
self defense. Judge Denman swept that all
away by his answer 10 the Jury. My judg-
ment OF this is Justified by the question the
jury asked. ,.,
Why was he not tried at Cape iowa
That is something | could not under.
stand. They have a law in England, be-
lieve that permits crime committed on the
high seas TO be tried at the Old Bailey. II
O'Donnell had been tried at Cane Town
He wouId Have Been Acquitted"
What was O'Donuells bearing during
the trial"
lit was heroic. use that word advis-
tdly. 1t expresses the idea exactly. I'll
tell you about that speech of his. When
the Jury came in and announced the yer.
dict it was the duty OF the clerk TO ask the
prisoner If he had anything to say why
sentence should not be pronounced. | did
Sullivan did not. Three English barristers
came snd said they did moi hear it. Some
one stan ling Just under the clerk did hear
an unintel.igible:: humble. ODonnell
heard nothing, and so said nothing. Sen
terce was pronounced. Then he asked il
ne might speak, and the Judge refused his
request. The Constables gathered around
ss he started to speak and hustled him.
Throwing them back, he shouted: Three
cheers for old Ireland Hurrah for the
United States
'Te Hell With the British
Government and the Crown" He was a
man who could not read nor write, but he
was superior man OF his clas1. The out.
burst was his method OF shown: that he
was not afraid
What was done about the respite
IL went to see Mr.. Lowell TO get hun to
iutercede for respite. He wanted to pre-.
pare papers showing that the Judge erred
IN his last Instructions TO the jury. We
waited to ret a'hdavits OF Jurors showing
The influence OF those instructions. Tust
dt cline 10 say what passed in that inter
view With Mr.. Lowell. got the impres-
sion, may say, that he would apply i [ his
Government sent him permission TO do so.
What ! ssy must not be construed for or
seainst Mr.. Lowell.
Did you SEE any Irishmen among the
spectators n lie Court room"
Yes one; @ Donnel's brother. He sat
between two detectives inst below the
Judge. There were few women present.
The spectators were
In Sympathy with the Prisoner.
They spp'au0ed Mr.. Russelrs closing
speech. The summing up Of the prosecu-
iion fell very cold. In the streets there
were plenty OF Irish They cheered. You
should have hesrd it when came out. II
vss not me they cheered. Il was America.
You csn have no idea how the Irish people
there look 70 America
How were you treated by the people out
Of court
The General produced stout 6ack thorn
shiaslah.
ats from Cork" he said. They wanted
to dine me there and in London and in
Dublin. had TO decline