The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-12-06

lrial OF lie Slayer Of EnfOrmer Carey.
LONDON. Nov. a0-The trial of o DonnelI for
the murder of Carey began this morning before
Judge Dennl:in. in old Bailey. Two sher ifs
ana several aldermen occupied seats upon the
% hcil- ana the Small court room was crowded.
several iildleS were present. No one was ad
mltted without ticket, and the approaches
were thronged. Charles Russell, A. NJ Sulli-
van, solicitor Guy and Roger A. Pryor were
present for O'DonncIi: Henry James, attorney
general, ;liiti Poland and Il. 5. Wright appeared
for the government.
ODonnell cnten d the dock from the adjOin-
ing prison, surrounded by officers. He seemed
unconeerned and stood very erect at first. then
bowed his head clasped his hands quietly,
east glanceS at the counsel aud closely watches
the Jurors as the y were called. After the read
ing of the charge, O'Donnell took his seat,
leaned over and whispered TO Guy for few
moments.
The jury is u very intelligent one. composed
OF lneil OF InlUdle and mature age. There vas
no excitement outside the courthouse. and but
few people were there. who mostly were res
peel able ones. y large police force is guard
ing the court.
Russell, of O'nonnelVs counsel. demanded
that the WITNESSES he excluded from the court
room, which was granted.
Inc Jury beng called, the clerk asked O'Don-
nell IL he had amy objections to any OF them.
for thag''
While the jury was being completed O'Don-
nell seemed amused and exchanged greetings
with Pryor. None Of the iurymen were chal-
lenged.
James opened the ease for the government.
He described Carey's departure for England
ana the voyage &c cape Town. and said there
was no evidence TO prove the prisoner en-
barhed on the steamer MeIrose Castle to kill
Carey. but new witness would testify that at
Cape Town he gave the prisoner, at his urgent
request, rough sketch Of Carey, and the priS-
oner remarked upon receiving 1t, pm shoot
nm The attorney general repeated the de-
tails OF the murder of Carey and pressed upon
the jury that the act was not committed in self
defense, bu5 was wllful and premeditated muir
a n n1 fhn ir1rx- of IN oil
feeling against Carey to prejudice them in
their consideration of the case. O'DOnnell
listened closely to the address of the attorney
general. lie has been allowed to use tobacco,
which he clews freely in the dock
James Parish, stewart of the steamer Fel-
rose Castle, repeated his evidence given at the
| preliminary examination. Two plans of the
| MelroSe Castle were shown. One was prepared
| by the prosecution. the other by the defense.
Witness declared the latter incorrect and the
| judge rejected it.
| Russell cross examined the witness. He =
| sisted that O'DOnnell was sitting down when
| lie fired at Cary, who stood leaning against u
| corner of the al two yards away. Cary
| might easily lave reached ODOnnell but made
| no gesture to seize him. Witness saw no pis-
pistol but c, Donnell's. Did not Sc. young Cary
| go to his fathers berth, and only knew by
hearsay that his pistol was found upon the
| boy.
correctness OF The plan of the cabin, all of
| which the Judge declared faulty. The Judge
went into the witness box and asked Parish to
IN IEtlh the )OSlllOn Oh llle anu seats
Witness said all plans were incorrect. n'Don-
| nell appeared greatly Interested in this,
Watching the judge carefully. The judge eau
toned Parish to be careful in giving replies to
| inquiries, especially regarding his position
| when til shots were fired.
| Charles Jones, h0atSwain of the Melrose
| Castle, testified as ut examination. He was al
| most sure, but refused 10 swear, that O'DOn-
nel'S words were II did not do it." The judge
examined ODonnells revolver and placed it
| on the desk.
There WAS adea! silence when Thomas Carey
] lSon Of james Carey stepped into The witness
| box. He gave his evidence promptly but cody,
| being sometimes told To speak more distinctly !;
| occasionally he would CON ider q question we'll
| bef' re replying and when he failed to under
| stand the enquiry he would shake his head.
| The Judge questioned him in regard to his IA
| theirs position when he was shot, and was as
! S:duOuS in making notes of G-rey's evidence
| When the nag e al revolver of JAS Carey were
| placed in tb' sand of witness 10 identify, he
weighed th weapon and looked down the bar
| rel. O'DOut el ScrutiniZed young Carey mar
| r0Wly when he said he was not positive Whetll-
| eT ODDnnel after shooting said, "Shake hands
| MS. Carey, was sent to do it." or"l had to
| do it, He also testified; | went for fathers
As 4 and kfPt IT. IN my p%eket because
| ordered to remain i'll the court rosm, and the
court went to lunch.
| On reassembllng young Carey IS direct cyl
dence was resumed. about the same as at the
! preliminary examination.
| Cross examined He mad stated at the Bow
| street examination that he was from the cabin
WHICH ltle ilfSt SilOI was lfeu that statement,
| he said. was untrue; he had not then under
| stood the question Witness was severely cues
| toned concerning other inconsistencies OF his
present evidence in all directions testing the
| truthiulneSs OF minor details for the purpose
| of Judging the credibility of the main facts /;
the frequency With which witness cOntsadicted
| himself, caused much amusement in court and
the spectators were amazed at the unabashed
| demeanor and effrontrry He declared O'DOn-
nell fired his revolver with his left hand,
| although the ether witnesses said it was
a woo
| in dOunb which hand he acknowledged
telling the second officer of the steamer tnat
lie took MS fathers pistol to keep it out of his
! moth RS way. Being asked how this state
| ment tailed with his previous evidence that
he got it Tor his father; he declared both state
me men 81; tr!e- He denied he told Walter Young
that his father had a pistol when killed. Young
was here brought into court. Witness said he
did not recOllect him. He denied that Young
asked him why he did not kill o'nonnell with
and replied, i ran for the pistol but it was not
there, i;.ther had it.
Mrs. Carey was dressed in deep mourning
She repeated in Il subdued voice the testimony
she gave at the preliminary examination, reit-
Grating that 0Donneli exclaimed "he was sent
to 90 IT," he eress-eXamnation was very brief
and developed nothing new.
Marks testified that he was sitting in the
open hatchway; he saw O'Donnell and Carey
belOw; the former was very quiet; Carey was
talking cXeitedly. Soon after he heard a shot
and saw O'DoDnelPs hand go down and up to
ilre again; he saw no Indication of violence on
the pat OF Carey; there was no pistol in Ca
rey's hand he heard O'Donnell tell Mrs. Carey
that he could not help it.
Robert Thomas ubitt, n passenger on the
steamer, was unaware that Power was Carey
until he arrived at Capetown; he was there
shown a supplement of the Dublin Freeman
G ntainlng 2 portrait af Carey, and recognized
INC portrait rs that Of Power; he showed the
portrait to O'Dunnall who remarked, ''I'Il
shoot him." O'Do@n II asked for, and witness
gave him, the portrait; In the or IS exam!na-
ton Cubitt said th't WllUn he remarked '.Iil
shoot him. he spoke in Il pleasant manner.
Witness attached no Importance to the remark
at the time.