Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1883-12-02
GUILTY!
The Verdict of the Jury In the Case
Of Q'Donnsll,
Who Murdered James Carey, the
Irish lnformer.
The Prisoner Maintains His Ap-
pearance of Indifference.
The Dramatic and Powerful Plea
of His Lawyer.
BIZ CnLle 10 Re .lsSociated Pcs.

ought TO know him. When MIS- carey
and her son Tom denied knowing him, he
was panic stricken. He once said TO Tom
Carey at Port izsbeth: You are fine
fellow. Why didn't you shoot O'Donnell
when he shot your father Tom an
swered: IL had no revolver. | went to get
| it, but when | went there it was gone, be-
cause my father had it," Witness had
| mentioned this to other cab drivers.
On cross examination he did not mater.
| tally chsnge his testimony. No other wit
| Less was called for the defense, and
| Russell Began His Address to the
Jury.
Nj. 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, and the ques'
ton for the consideration OF the jury was
| Did he do it under reasonable apprehen-
sion Of his life? II so, they should aclult
| him. If short OF this, ODonnell acted
| only under threat of personal violence,
| they could not convict him of murder, al
| though it might not be possible to let hum
| go free. Altogether, the statement is ut,
| terly false that O'Donnell went on board
| the steamer kinfauns Castle to track Cary
| like sleuth. hound, at the bidding OF
| seer, society. Mr. Russell said these were
| Only newspaper charges, which he warmly
| denounced.
Judge ID, nman remarked that counsel
| was hardly promoting the interest Of his
| cliel {. He could trust the Jury would not
be Influenced by anything except
The Evidence Given in Court.
| Mr.. Russell said the accusation had an
important hearing because it suggested the
| words, IL was sent to do it, which were
| put into O'Donnelrs mouth by Mrs. Carey,
| but in Difference to the Judges remark he
| would make no further reference TO ;he
| newspaper attacks. Mr.. Russell then con
| linued Ills address. He compared O'Don-
nell, who, he said, was an honest, hard
| working man, with Carey, who was
| a villain, exeCrated by the people, unpard-
| oned by the Queen, and known 10 be cruel,
| treaC herous and desperate, who, forced by
| a man likely to denounCe him, would not
| scruple to resort TO any weapon that would
oyeawe or kill; and who, i'll Ill his murder.
| Gus Conspiracies took care Of his own life
| 1t was unreasonable to suppose II O'Donpeil
| had premeditated the murder of Carey that
| he would have committed i. in the presence
| OF several witnesses.
Russell. With Dramatic Effect,
| gave O'Donnell's own story OF the murder,
| substantially as has already been pub
| lished. Attorney General James and
| Judge Denmsn at first objected. Russell
| then narrated in brief the alteration that
| took place in the cabin OF the steamer Mel
| rose Castle between the two men; the
| drawing OF pistols by both. and the shoot
| ing of Carey, all Cf which, said Russell
| occupied less time than il took u IL it,
hence, no recrminatIOn was heard
| The circumstances lifted with the ies
timony of witnesses Jones. Beecher
| and Marks. That tie evidence given by
| Parrish and young Carey was, he contended,
| unworthy Of crederce was beyond doubt.
Carey had pistol at the time he vas shot
| The boys testimony, TO the effect that his
] father went ashore AT Cape Town without
| il and did not carry 1t after his Identity
| was discovered, was false u'Donnells re-
mark to Cubitt after shown CIrey's por.
| trait, "I'll shoot him, was merely piece
| of laughing bravajo, having no indication
| in il OF serious purpose, and 10 which no
| b-f' would attach importance.
| :. said although no witness
~ the Pistol in Carey's Hand,
, vas quite likely the pistol was drawn,
| but owing to uncertain sight in the cabin
| aud the excitement OF the moment, II es
| caped observation. He said that young
| Carey picked up the revolver when hi
| father fell and kept it for the purpose 81
| shooting 0'Donnell il he got a lanCa. or
| for the purpose OF concealing il in order t.
make it appear that ODOancl! Ommitted
| an unprovoked murder. Russell, after in
sistiug upon the credlbility OF the testl'
| mony of Young, the cab driver, made an
eloquent aPresl TO the jury for an nnprelu
| diced aud cain consideration Ot the case
| II they were drawn irresistibly to the con
| cIusiun that the prisoner was guilty they
| would convict him, but il they felt there
| were important parts OF evidence which
| cruu bled when they attempted to s'and
| uI or th"m then whateve! suspicious ttey
might have they shouli give to the prisoner
The BeneGt Of the Doubt.
II was better that q guilty person should
| sometimes escape than that an innocent
| man perrhgnce should safer Russell
| spoke fer four hours and upon concuilng
was Loudly spylaUted By the crowd. Tne
| Judge sterrly rerressed the applause.
Attorney General James c'osed the case
| for TIE Government. He said that SO much
| had been said u b.scEeu Isrey's character
hat people might believe it was right to
| kill lin. The Jury had nothing 70 do with
| this. The question for then 70 consider
Sas "Dld the prisoner willfully murder
| him" Sworn facts left no doubt as TO
| that The prisoner never pleaded self de
| fence until he saw his sDlc'o- at FORT
| Elizabeth, and there was no little oi eyi
| denle TO support the theory OF a struggle
or quarrel
The Prfsoncr'- Counsel
bad told the jury the story which ODon-
| mel had told somebody else. II was theo-
| ~ unsupported by evidence. The Att0r.
| ney General denied that 0Dannell bad
/ i. ir- h IN In Hrlnk
| ,hortly before he shot him. The woman
| S.'h 0'Donuell on the steamer knew all
| stoct the shooting, How strange ii Was
| ther that sbe was not called ss q witness II
| she was O'DonneIl's wife. She could not
testify If she was his mistress. Why was
| prisoners counsel afraid 70 call her. Sll-
| Ivan. OF counsel for 0'Dounell. oSjectei 70
| he 'emarks Of the Attorney General and
| saiC: The woman hsd ;oeen alluded 70 IN
| the evidence IS Mrs ODonoell and the
Attorney General had no right 10
Throw su-picion
| upon her. Judge Dsunan said he consider
| ed the Attorney Generals remarks quite
| fair. The Attorney General cont"rsd
saving that it was evident che was not
| called because she could only corrobo-a;e
the other witnesses 81 Port EizsSetl.
o. ponner stated before a msgi:;rsts that
| he spatched the pistol from Csrey'- hand.
He xss then no longer IN danger ot hi' litS
Why then did he FIRE? How did yn1aR
Carey get the pistol which O Donnsli had
snstched from bis father? That statement
Was 40 absurd that another one vcs II afe
for the prisoner to-day and iGconsistef
with the former and equally incredible. Il
would compel the jury to believe y"uns
Carey was guilty Of perjury and Was 80 pre-
cocious ss 20 conceal pistol in orderto
Fasten the Crime Upon the Prisoner.
The At orney Ge:ers sad that he thought
Mrs. ODoantii's rEmsrsf. "Sever rniad.
! O'Doaueil; you are no info.msr," th7Eei
| hat really happened. she siE y DJhn-i
! snnnt Carsz and tEnnEht thlt Inc ciiM.