New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-01
O'DONNELL ON TRIAL.
THE CASE FOR THE PROSECUTION CLOSED.
WITNESSES DESCRIBING HOW CAREY WAS KILLED

| WITNESSES DESCRIBING HOW CAREY WAS KILLED
GENERAL PRYOR IN COURT.
LONDON, Nov. 30.-The trial of Patrick
| oDonnen for the murder OF James Carey began this
morning before Judge George Denman in the Old Bailey
Police Court. The in which the trial held Is
| small, and was crowded with spectators including
several ladies' No person admitted without ticket
MeSsrs Charles RUSSELL NJ p, and A. NJ Sullivan, soic
or Guy aud Roger A. Pryor present counsel for
oDonnel and Sir Henry James, Attorney General, and
Messrs Poland and r. 8. Wright appeared for the Gov
ernment The prisoner seemed to be uncOncerned and
stood erect at first He then bent his head down. casped
MS hands quietly, cast glances at his counsel
and closely watched the Jurors they called.
CHARLES Russell, OF O'Donnells counsel made demand
that the witnesses be excluded from the court roOm
which was granted Upon the Jury being called the Clerk
OF the Court asked ODonne If he had any objections to
any of them. 0DOnnel replied: al trust to NJ solIc
tor for that"
THE CASE FOR TIE GOVERNMENT.
Sr Henry James opened the for the Government.
lie described Careys departure from England and his
voyage o Cape Town. and said there evidence to
prove that the prisoner embarked the Kin
fauns Castle to kill Carey, but witness Mr.. Cubitt,
would testify that at Cape Town he the prisoner,
at his urgent request. q rough sketch OF Carey,
and the prisoner remarked upon receiving IT, I'll shoot
him." The Attorney General impressed upon the jury
that the act not committed In sefdefence, but was
wilful and premeditatod murder He enoined the jury
not to allow any feeling against Carey prejudice them
in their consideration OF the case.
James Parish, steward OF the steamer Merose Castle,
repeated the evidence he gave the preliminary examn
aton Two plans OF the cabin Of the Melrose Caste-One
prepared by the prosecution the other by the defence
were shown the witness. who declared that the one
offered by the defence incorrect. Judge Denman
examined the latter plan and rejected IL.
Mr.. Russell crosseIamlned the witness The latter in
sisted that ODonnen sitting down when he fred the
shots at Carey who stood leaning against of the
cabin, two yards away Carey might easily have reached
ODounell, but he made gesture to seize him. The
witness no pistol other than ODonnelrs He did not
young Carey go HIS fathers BIRTH and only knew
by hcarsay that his fathers pistol found upon the
boy
Charles Jones' the boatswain OF the Melrose Castle
the next witness He rehearsed the testimony which he
gave at the examination. lie almost sure, but re-
fused TO swear that ODonnelrs words " did not
doit"
There was dead silence in the courtroom when
Thomas Carey OF James Carey stepped into the wit
ness-bov. Judge Denman questioned him In regard 10
his fathers position when he shot and the Judge
especially assduous I'm taking Of young Carey's
evidence. when the bag and revolver OF James Carey
produced In court and placed in the hands Of the
witness to identify he weighed the weapon
and looked down the barrc. O'Donne scrut-
nllcd Carey narrowly when he said that no
was not positive whether the prisoner after the
shooting said: Shake hands, Mrs Carey, sent to
do IT, or, had To do ~ The witness further tcstt-
fed went fOr fathers revolver and kept II In my
pocket because father unable To it," His further
testimony about the same that given by him at
The preliminary examination
YoUNG CAREY's EVIDENCE CONTRADICTORY.
on cru,sc1amlnaton he said that he hal stated tho
BoS-s examination that Mr. Parish came from the cabin
when the first shot fired That statement, he said /
va, untrue. He had then understood the question.
Ine witness was severely questioned concerning other
Inconsistencies between his present evidence and that
which ho gave ut me bowSt' examination. Inc cyl
Iruce was an directed ~ testing the truthfuness OF the
minor details Of his story FOR the purpose Of ahoNng
means of Judging the credbihty OF th' m IN
facts. Tho frequency with which the witness
in the court and the spectators appeared to
De- amazed his unabasbed dcmcanor and cnroutery.
He declared that ODonnell fired his revolver with his
left hand, although oher witnesses had stated tIat ne
fred 10 with his right hand aud tho wnes, finally adj
used Heacknowcdgrd that he had told MrBecchcr
officer OF the steamer" mat he took his fathers pistol 10
This statement agreed with ms previous statement that
he got II for his fathrr ne dgG5d @ }h G2n o the ht
asked him why he did not xii ODOnncl and that he re-
piled for the pistol but 1t was not there; father
Mrs Carey widow Of the murdered man, then testified
examination She reiterated that O'Donnell exclaimed
that he sent to do IT. The crosscIamnnon Of Mrs
Carey was brief and no new evidence was elected.
Mr. Marks hotel keeper at Cape Town. testified that !
he VIA sitting IN the hatChway, which Open and
CJ'Douucl and Carey below The former was quiet but
Carey was talking cxctedy IA II laying down the law
soon after this he heard shot and ODOnnclps hand
20 down and up 10 nrc second shot. lie slw no
indications OF violence the part Of Carey There was
pistol in Carey, hand He heard ODonnell tell Mrs
Carey that he could not help II.
Robert Cubitt was the witness He was pasScn-
the steamer Kinfauns Castle with " Power lie |
was unaware that Power was James Carey uut they
arrived at Cape Town. he WIS there shown supple |
Incnt OF The D,JiH weekly Freeman which contained
portrait OF Carey and the accounts OF his connection
with the Ish Invincibes lie recognized the portrait as
that OF Power" lie showed the portrait 70 O'Donnel,
who remarked, " I'll shoot him" ODOnnel asked Tor |
and the witness gave him the portrait.
W. Bcccher, second officer, and Captain Rose com |
mander of the steamer McTOse Castle Dr. EnsOr, the
dsrict medical officer OF Port Elizabeth ana Inspector
Cherry OF tho Port Elizabeth Police gave testimony,
which was mainly the that given on their exam
nation AT the Bow Court in september Inspect
or Cherry further identified the portrait OF Carey ~ that
found I'm ODonuels trunk and also the newspaper cut
ting headed Irish RevoutiOnists IN America
Police Superintendent MallOn, OF Dublin, ldcntined |
Careys pistol the he him for his protection
when he left Dublin. The prosecution thereupon closed
and the court adjourned O'Donnel was calm ana COM
pOsrd throughout the days proceedings. Roger A. Pryor
was frequently consulted and made several suggestions
10 the prisoners counsel