Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-02

Close of the Trial at London Yesterday
The Arguments of Counsel fer the De.
| fense-The Charge of the Judge Against
the Prisoner-An Exciting Scene in the
| Court ROom-o'DOnnelI Removed to
Prison by Force.
LONDON, Dec. 1.-The trial of O'Donnell
for the murder of Carey was resumed to-
day. The court room was crowded. But
few persons were outside the building.
Pryor sat behind Ohas. Russell, senior
| counsel for O'Donnell. The prisoners
! brother was present. O'DonneH appeared
calm. Walter Young, of Port Elizabeth, q
| cab driver, was called for the defense, and
| testified that he frequently drove the
Carey family around Port Elizabeth, and
| they ought to know him. When Mrs. Ca
reg and her son Tom denied it he was
panic stricken. He once said to
Tom Carey at Port Elizabeth,
| You are fine fellow. Why didn't you
| shoot O'Donnell when he shotyour father"
Tom answered: 81 had no revolver. went
to get it, but when I went there it was
gone, because my father had it," Witness
had mentioned this to other cab drivers.
| The Cross examination did not materially
| change his testimony. No other witness
| was called for the defense, and Russell be-
gan his address to the jury.
Russell said the accusation had an i'm
portant bearing, because it suggested the
words, 81 was sent to do it, which we're
put into ODonneli's mouth by Mrs. Carey,
but in reference to the judges remarks, he
would make no further reference to news
paper attacks. Russell then
continue his address. Russell
| urged the jury in considering the
case to dismiss from their minds all they
may have read upon the subject of the
killing of Carey. The prisoner did not,
| deny the shooting of Carey. The question
for the consideration of the jury was:
''Did he do it under reasonable appre-
hension of his life?" If so they should
acquit him. If short of this O'Donnell
/ acted under threat of personal violence.
They could convict him of murder al
| though it might not be possible to let him
/ &c free altogether. The state
ment is utterly false that O'Don-
nell went on board the steamer
Kinfaun's Castle to track Carey like a
sleuth hound at the bidding of secret SO
ciety. Russell said these were only news
paper charges, which he warmly de-
bounced.
Judge Denman remarked that counsel
was hardly promoting the interests of his
| client. He could trust the judge not to be
Influenced by anything except the evidence
given in court.
| Russell said the evidence had an i'm
portant bearing because it suggested the
| words, 81 was sent to do it, which were
put into O'Donnell's mouth by Mrs. Carey,
| but III Difference to the judges remarks he
| would make no further reference to news
paper attacks.
| Russell continued and said: He COM
| pared O'Donnell, who, he said, was an
honest, hard working man, with Carey,
| who was villain, execrated by the PEG
pie, unpardoned by the queen, known to
| be cruel, treacherous and desperate, who,
| forced by a man likely to denounce him,
would not scruple to resort to any weapon
| to overawe or kill, and who in all his
murderous conspiracies took care of his
| own life. Ii was unreasonable to suppose
| if O'Donnell had premeditated the MUIR
| der of Carey he would have committed il
| IN the presence of several witnesses.
Russell, with dramatic effect, gave ODon-
| nelPs story of the murder substantially as
| already published. Attorney General
| James and Judge Denman objected
| Russell then narrated that brief alterca-
ton took place in the cabin of the steamer
| Melrose Castle between the two men, the
drawing of pistol by both and the shoot
| ing of Carey, all of which, said Russell,
occupied less time than it took to tell.
Hence no recriminstion was heard. Cir
cumstances fitted with the testimony. The
witnesses Jones, Beecher and Marks, the
evidence given by Parish and young Carey
was, he contended, unworthy
of credence. 1t was beyond
doubt that Carey had pistol
at the time he was shot. The boys testi-
mony to the effect that his father went
ashore at Capetown without it and did not
carry it after his identity was discovered
was false. OiDonnell's remark to Cubitt
after shown Carey's portrait ''rll shoot
him" was merely piece of laughing bra
vado, having no indication of serious pur-
pose and to which nobody could attach
Importance.
Russell said, kthat although no witness
saw pistol in Cerey's hand, yet it was
quite likely pistol was drawn, but owing
to the uncertain light in the cabin and the
excitement of the moment it escaped OBJ
servation. He submitted that the boy
Carey, picked up the revolver when his
father fell, and kept it for the purpose of
shooting O'Donnell. if he got chance, or
for the purpose OF concealing it, in order
| to make it appear O'Donnell had COM
mitted an unproYoked murder. Russell,
after insisting upon the credibility of the
testimony of Young, the cab driver, made
an eloquent appeal to the jury for an un-
prejudiced and calm consideration of the
| case. If they we're drawn irresistably to
the conclusion that the prisoner was guilty,
they would convict him, but if they felt
there were important parts of the evidence
which crumble when they attempted
to stand upon them, then whatever
suspicious they might have, they would
give the prisoner the benefit of the doubt.
1t was better guilty person should some
times escape punishment than that an in
nocent one perchance should suffer. Rus
sell spoke four hours. and upon conclud-
ing was loudly applauded by the crowd.
The judge sternly repressed the applause.
Attorney General James closed the case
for the government. He said so much had
been said to blacken Carsy's character,
that people might believe it was right to
kill him. The jury had nothing to do
with this. The question for them to con-
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