Savannah morning news. [volume] (Savannah) 1868-1887, 1883-12-01

| QuleJlH
cast glances at his counsel and closely
watched the jurors as they were called.
| After the charge had been read O'Donnell
took his seat and leaned over and Whis-
! pered to W. Guy for a few moments, The
| jury is very intelligent one, and is COM
! posed OF men of middle and mature age.
There was no excitement outside the
| court house. There were but few people
there, and they were mostly of a respec-
table class. A large police force was on
| duty guarding the court. Charles Rus
| sell, of ODOnnelfs counsel, made a de-
mand that the witnesses be excluded from
| the court room. The demand was granted
The jury having sat, called the Clerk of
the Court and asked O'DOnnell if he had
objection to any of them. He replied, 81
trust to my solicitor for that"
While the jury was being completed
| ODOnnell seemed amused, and exchanged
! greetings with Mr.. Pryor. None of the
| jurymen were challenged. Sir Henry
| James opened the case for the govern
ment. He described Carey's departure
from England and his voyage to Cape
| Town, and said that there was no evil
dence to prove that the prisoner embarked
on the steamer Kinfauns Castle to kill
Carey, but a new witness, Mr.. Cubitt.
would testify that at Cape Town he gave
the prisoner, at his urgent request,
| rough sketch of Carey, and the prisoner
| remarked upon receiving it, cpl shoot
him."
The Attorney General repeated the de-
tails OF the murder of Carey on board the
steamer Melrose Castle, and pressed upon
the jury In concluding his address that
the act was not committed in self defense,
| but was Willful and premeditated mur-
der. He enjoined the jury not to allow
any feeling against Carey to prejudice
them in their consideration of the case.
! ODonnell listened closely to the address
of the Attorney General. He has been
allowed the use of tobacco, which he
chews freely in the dock.
James Parish, the steward of the steam
| er MelrOse Castle, repeated the evidence
he gave at the preliminary examination.
| Two plans of the cabin of the Mel
rose Castle, one prepared by the
| prosecution and the other by the defense.
were shown the witness, who declared
that the one offered by the defense was in
correct. Judge Denman examined the
later plan and rejected it.
Russell crOss-eXamined the witness.
He insisted that O'Donnell was sitting
down when he fred the shots at Carev.
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 wit
ness saw no pistol other than O'DOnnelPs.
He did not see young Carey 90 to his
fathers berth, and only knew by hearsay
that his fathers pistol was found ON the
boy.
There was much discussion between the
counsel concerning the correctness of the
| plans of the cabin of the MelrOse Castle.
all of which the Judge declared to be
faulty. At one time Judge Denman went
| into the witness box and asked Mr.. Par
ish to explain the position of the tables
and seats. The witness said that all the
| plans were incorrect. O'DOnnelI appeared
to be greatly interested in this episode.
watching the Judge narrowly. Judge
! Denman cautioned Parish to be careful in
giving replies to inquiries, especially re-
garding his position when the shots were
| fired.
Chas. Jones, the boatswain of the Mel
rose Castle, was called to the witness
stand, and rehearsed the testimony which
| he gave at the examination. He was
almost sure but refused to swear, that
! ODonnelPs words were, 81 did not do it.''
Judge Denman examined O'DonnelPs re-
'Volver and placed it by his side on his
! desk.
There was dead silence in the court
room when Thomas Carey, the son of
James Carey, stepped into the witness
| box. He gave his evidence promptly and
| coolly, but was sometimes told to speak
more distinctly. Occasionally he would
consider question well before replying,
and when he failed to understand an in
| quiry he would shake his head.
| Judge Denman questioned him in re-
| gard to his fathers position when he was
shot, and the Judge was especially assid-
uous in taking notes of young Carey's
| evidence. When the bag and revolver of
James Carey were produced in court and
placed in the hands of a witness to
| identify, he weighed the weapon
and looked down the barrel. O'DOn-
nell scrutiniZed young Carey
narrowly, when he said that he was not
positive whether O'DOnnell, after the
shooting, said: ''Shake hands, Mrs. Carey,
| was sent to do it." or Il had to do il y
| He further testified: 81 went for fathers
! revolver and kept it in my pocket, because
father was unable tC use it," The court
then adjourned for lunch. Young Carey
was ordered to remain in the court room.
The crowd outside the court continually
| increased, many of the rougher class
mingling with it.
After recess young Carey concluded his
| dilect testimony. On being cross ex-
| amined he said that he had stated at the
| Bow street examination that Mr.. Parish
came from the cabin when the first shot
was fired. That statement he now said
| was untrue. He had not then understood
the question. The witness was severely
| questioned concerning other incOnsis-
tencies between his present evidence and
that which he gave at the Bow
| street examination. The evidence was
all directed to testing the truthiulness
of the minor details of the story for the
purpose of affording means of Judging
| the credibility of the main facts. The
frequency with which the witness con-
tradicted himself caused much amuse-
ment in court and the spectators appear
| ed to be amazed at his unabashed de-
meanOr and effrOntery. He declared that
| O'Donnell fired his revolver with his left
| hand although, other witnesses had stated
that he fired it with his right hand, and
the witness finally admitted that he was
in doubt as to which hand was used.
He acknowledged that he has told
Mr.. Beecher, the second officer of
the steamer, that he took his
fathers pistol to keep it out of his moth
er's way. Upon being asked how this
statement agreed with his previous state
ment that he got it for his father, he de-
| clared that both of the statements were
true. He denied that he had told Walter
Young at Port Elizabeth that his father
had his pistol when he was killed. Walter
Young was here brought into court, when
the witness said that he didn't recollect
him. Carey denied that Young had asked
him why he didn't kill O'Donnell with his
| ldInOE' ) plSlOI dL JDe blule OF the murder.
and that he replied, Il ran for the pistol.
but it wasn't there. Father had it y
Mrs. Carey, the widow of the murdered
man was sworn. She was dressed in
deep mourning, and spoke in a subdued
voice. She repeated the testimony she
gave at the preliminary examination, She
| reiterated that O'Donnell exclaimed that
he was sent to do it. The cross examina-
ton OF Mrs. Carey was very brief and no
| new evidence was elected.
Robert Thomas Cubitt said that he was
a passenger on the steamer Kinfauns
| Castle with Power. He was unaware
that Power was "James Carey" until
they arrived at Cape Town. He was
there shown a supplement of the weekly
| Freemdn's Journal, which contained a
portrait of Carey and accounts of his con-
nection with the Irish Invincibles. He
recognized the portrait as that OF
'EPower." He showed the portrait to
O'Donnell, who remarked, "Pll shoot
him." O'Donnell asked for and the wit
ness gave him the portrait. On cross ex-
animation Cubitt said when O'Donnell
remarked ''Pil shoot him'' that he spoke
in pleasant manner, and the witness at
tached no importance to the remark at
the time.
A number of other witnesses testified,
but their testimony was mainly a repeti-
| tion of former testimony at the examina-
tions, The witnessed for the prosecution