Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-12-01
FoRnoN NEWS.


LONDON. Nov. 80.
The trial Of Patrick o Donnsll far the muir
der of James Carey began this morning De
fore Judge George Denman. Two sherins
and several aldermen Of L0u1On occupied
seats upon the bench. The room in which
the trial 10 being held 10 email and was
crowded With spectators. including several
ladies.
All awaited the opening of the trial amid
suppressed excitement. The approaches to
the court room were thronRed. No person
was admitted TO the room without ticket.
Charles Russell. n. p. and n n Sullivan.
Solicitor Cav and Hon. Roger A. Prior were
present as counsel for O'Donnell. and Sir
Henry James. attorney general, and Messrs
Pollard and R. s. Wright appeared for the
government. O'Donnell was brought from
the adjoining prison. Policemen ut his side
and in his rear escorted him to the dock.
The prisoner seemed to be unconcerned
and stood very erect at first. then bent his
head, clasped his hands quietly. cast Rlances
1t his counsel and closely watched the jurors
a. they we're called. After the charge had
been read. O'Donnell took his seat and leaned
over and whispered to Mr.. Gay for q moment.
The jury 10 . very intelligent one and COM
posed of men of middle and mature age.
There was no excitement outside of the court
house. There were but few people there,
and they were mostly of . respectable class.
A large police force was on duty guarding
the door.
ODonnell enjoined the jury not to allow
anv feeling against Carey to prejudice them
in their consideration of the case. He listened
intently to the address of the attorney gen
eral.
James Parish. . steward of the steamer
Melrose Castle. repeated the evidence he
gave at the preliminary examination.
Charles Russell, Of ODonnells counsel.
made the demand that the witness be exclud-
ed from the court room, which was granted
by Judge Denman.
Upon the jury being called, the clerk Of
courts asked O'Donnell if he had any objec-
ton to any of them. O'Donnell replied: II
trust to my solicitor for that"
While the jury was being completed,
O'Donnell seemed amused and exchanged
greetings with Pryor. None of the jurymen
were challenged.
Sir Henry James opened the case for the
government, and said there was no evidence
to prove that the prisoner embarked on the
steamer Kinfarin Castle to kill Carey. but
new witness, Mr.. Cubitt, would testify that
at Cape Town he gave the prisoner at his re-
quest rough sketch of Carey, and the pris-
oner remarked upon it, 'T'll shoot him." The
attorney general reported the details of the
murder of Carey, and pressed upon the jury
in concluding his address, that the act was
not committed in self-defence, but was wilful
and premeditated murder.
Two plans of the cabin of the Melrose Cas-
tie. one prepared by the prosecution. the
other by the defence, were shown. The wit
ness declared that the one offered by the de-
fence was incorrect. Judge Denman exam
ined the latter and rejected it.
On cross examination il was insisted that
O'Donnell was sitting down when he fired the
shots at Carey, who stood leaning against the
corner of the cabin two yards away. Carey
might easily have reached O'Donnell, but he
made no gesture to seize him.
The witness saw no pistol other than
O'Donnell's. He did not see young Carey 60
to his fathers berth, and only knew by
hearsay that his fathers pistol was found
upon the boy.
Carey denied that Young had asked him
why he did not kill O'Donnell with his faith
er's pistol at the time of the murder, and that
he replied: Il ran for the pistol but it was
not there; father had it."
Mrs. Carey, widow of the murdered man,
vas sworn as . witness. She repeated the
testimony she gave at the examination. She
reiterated that O'Donnell exclaimed, II was
sent to do it,
The cross examination was very brief, and
no new evidence was ELECTED thereby.
Mr.. Macks testified: Was sitting in the
hatchway, which was open; saw O'Donnell
and Carey below the former was very quiet,
but Carey was talking excitedly as If laying
down the law. Soon after this he heard
shot and saw O'DOnnelrs hand 60 down and
th. IN Aeo
indications of violence on the part Of Carey.
There was no pistol in Carey's hand; heard
O'Donnell tell Mrs. Carey he could not help
it.
Robert Thomas Cubitt was the next wit
ness He deposed that he was passenger on
the steamer Kinfarins Castle with Power"
He was unaware that "Power'' was James
Carey until their arrival at Cape Town. He
was there shown the supplement Of . weekly
paper which contained the portrait of Carey
and accounts of his connection with the Irish
Invincibles. Recognized the portrait as that
of "Power, '" showed the portrait to O'Don-
nell, who remarked. "I'll shoot him."
ODonnell asked for, and the witness gave
him the portrait.
On cross-examinafion, Cubitt said that
when O'Donnell remarked "I'll shoot him"
he spoke in Pheasant manner, and the wit
ness attached no importance to the remark at
the time.
Mr.. W. Beacher second officer, and Capt.
Rose, commander of the steamer Melrese
Castle, DR.. Eusor, district medical officer Of
Port Elizabeth, and Inspector Cherry of the
Port Elizabeth police, gave their testimony,
mainly as upon the examination At the Bow
street court on the 26th and 18th of Septem-
Der last.
Inspector Cherry further identified the por-
trait Of Carey - that found in O'Donnell's
trunk. and also the newspaper cutting headed,
Irish Revoluiionists in America"
Police Superintendent Malloa Of Dublin.
identified Carey's pistol as the one gave him
for his protection when he left Dublin. He
said that Carey was very excitable, desperate
and utterly regardless of human life. The
prosecution thereupon closed and the court
adjourned.