The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-12-02
O'DONNELL.
the Trial Over, With a
Verdict Of Guilty.
t'TO He'll With the British and the
British Crown"
The Chicago "JOurnar' Burned
Out.
O'DOnnell's Trial.

Loy don. 1.-The trial of O'OonDell, 70
the murder OF Carey, WAS resumed to
day. The courtroom was crowded, bu
there were few persons outside the build
ing. Pryor sat behind CHARLES Ru sell
senior counsel for O'Donpell. Tn
prisoners brother was present O'Oon
nell appeared calm. Waller Young,
Port Elizabeth cabdriver, was called TO
the defence. and testified that he FIRE
quently drove the Carey family arouo'
Port elizabeth, and they ough, to know
him. When Mrs. Carey and her ]
Tom denied il, he was psnlc-str icken
He once said to Tom Carey at Por
Elizabeth: "tou are fac fellow; why
didn't you shoot O'Donnell when he rho
your father?" Tom answered.: Il had N
revolver: / went 10 get it, but when
went the it was gone. because my fathe
had it." Witness hsd mentioned this tt
others. The cabdriver's cross-examina
ton did not materially change his esti
mony. No other witness wal
called for the defercs, and Rus.
sell began his address to the jury
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 LOT
deny The shooting Of Care. The question
for the consideration of the jury was,
| did he Go it under reasonable spprehens
sion for his life? Ifso, theS should acquit
him. II short # this. o DonDell acted
| only under threat of personal violence,
they could not convict him of murder,
although it might not be possible TO let
him go free. altogether the statement
was utterly false that O'Donnell went on
board the steamer Kinfsuns Castle TO
track Carey, like sleuth hound, at the
bidding o. secret society. Russell said
he warmly denounced. He compared
O'Oonnell. who, he said, was a bard
working man. with Carey who was q
villain execrated by the people, unpsr.
doned By the Queen, known to be cruel
treacherous and desperate, VINO. :orcfd
By mao likely to denounce him, would
lot scfupls TO resort TO a1y we,pon to
ova:awe or kill and who, in all his 10 IT
defOus conspirscies, took care OF his own
life. Il WAS unreasonable 10 suppose ii
o Donnel! had premsdits,ei the murder
of Carey be would hsv: committed
il 10 the presence Of several witnesses.
Russell, with dramatic efr.ct, gave
0'DonDell's own story CT the murder
substantially as already published. At
torney General James and Judge Den
man at first objected. Russell then mar
rated the brief alteration that took place
in the cabin Of the steamer Melrose Cas-
tie between the two Inen, the drawing Of
pistols by both, and Ire shooting OF
Carey. all of which. sail Russell, occu
pied less time than ii took to tel. it; hence.
no recrimination WAS heard. The cir
cumstsnces fitted with the test mony of
the witnesses Jones. Beecher and Marks
The evidence given by Parish and young
Carey was, he commended, unworthy. 1t
was beyond doubt that Carey had pistol
at the time he vas shot. The boy tesli-
mony to The effect that his father went
ashore ct Cape TO w without it and did
not carry it az e: his identity was discov
cred wss false. O'D5nnell's remark,
after he was shown Uarey's portrait. "I'll
shoot him." was merely piece Of
laughing bravsdo, having 10 indication
in it Of serious purpose, and TO which
nobody wou attach Importance
Russell said although no witness
saw a pistol in Carey's hand, yet it
was quite likely a pistol was drawn,
but owing to the uncertain light in
the cabin and the excitement the
movement was unobserved. He
submitted that the boy Carey picked
up the revolver when his father fell
and kept it for the purpose of shoot
ing O'D0nnell if he got a chance, or
for the purpose Of concealing it in
order to make it appear that ODOn-
nell committed an unprovOked muir
der. Russell, after insisting upon the
credibility of the testimony OF
Young, the cab driver, made an
eloquent appeal to the jury for I'M
prejudiced and calm consideration
of the case. If they were drawn ir-
resolutely to the conclusion that the
prisoner was guilty, they would
convict him, but if they felt there
were important parts of evidence
which crumbled when they az
tempted to stand upon them, then
whatever suspicious they might
have, they would give the prisoner
the benefit of the doubt. It was
better that a guilty person
should sometimes escape punish>
ment than an innocent one
perchance should suffer. Russell
spoke four hours and upon conclud-
ing was loudly applauded by the
crowd.
The judge sternly repressed the
Attorney General James closed
the case for the government. he
said SO much had been said to
blacken Carey's character, that peo-
pie might believe it was right to kill
him. The jury had nothing to do
with this, the question for them to
consider was, "Did the prisoner will
fully murder him ?" The sworn
facts left no doubts as
to that. The prisoner never pleaded
self>defense until he saw his solic>
itOr at Port Elizabeth, and there
was no title of evidence to support
the theory of a struggle or quarrel.
The prisoners counsel had told the
jury the story which O'Donnell had
told somebody else. It was a theory
unsupported by evidence. The
encouragement denied that O'Don-
nell had stunned Carey. He in
vited him to drink shortly before he
shot him. The woman with O'Don-
nell on the steamer knew all about
The Shooting If uos ctrooro