The Portland daily press., 1883-12-03
DOOMED TO DIE.
O'Donnell Declared to Be Guilty of
Murder.
Eloquent Appeal of the Prisoners Coun-
sel-Attorney General James Convineiag
Argument.

day, Mr.. RUSSELL with dramatic effect, gave
O'Donnelrs own story of the murder, sub
stantially as it has already been published.
Attorney General James and Judge Denman
at fret objected, but finally consented, to allow
Mr.. Russell to proceed. Mr. Russell then mar
rated the brief alteration that took place in
the cabin OF the steamer Merose Castle be-
tween the two men, the drawing of pistols by
both, and the shooting Of Carey, all Of which,
said Mr.. Russell, occupied less time than it
took to tell; hence no recrimination was heard.
The circumstances fitted with the testimony OF
the witnesses Jones, Beecher and Marks The
evidence given by Parish and young Carey was,
he contended unworthy Of credence. 1t was
beyond doubt that Carey had pistol at the
time he was shot. The boys testimony to the
effect that his father went ashore at Cape
Town without it, and that he did not carry it
after his identity was discovered, was false.
O'Donnell's remark to Mr.. Cubitt, after he
was shown Carey's portrait "I'll shoot him."
was merely piece of laughing bravado, hav-
ing no indication in it of serious purpose, and
to which nobody would attach any importance.
Mr.. Russell said that although no witness saw
pistol in Carey's hand, yet it was quite likely
that pistol was drawn, but, owing to tho un-
certain light In the cabin and the excitement
of the m0melt. 1t escaped observation. He
submitted that Carey's boy picked mp the re-
volver whom his father fell, and kept it for the
purpose of firing at O'Donnell il he got
chance, or for the purpose of concealing it in
order to make it appear that O'Donnell COM
mitted an unprovoked murder. Mr.. Russell,
after insisting upon the credibility OF the tesi-
mony of Young, the cab driver, made an elo-
fn iuru for Ind
aud calm consideration of the case. II they
were drawn irresistibly to the conclusion that
the prisoner was guilty, they would convict
him; but ii they felt that there were important
parts of the evidence which crumbled when
they attempted to stand upon them, then,
whatever suspicious they might have, they
would give the prisoner the benefit of the
doubt.
1t was better that a guilty person should
sometimes escape pull ishment than that an in
nocent one, perchance, should suffer. Mr..
Russell spoke four hours, and, upon conclud-
ing his address, he was greeted with loud ap-
plause, which Judge Depman sternly re-
pressed.
Attorney General James closed the case for
the government. He said that so much had
been said to blacken Csrey's character that
people might believe that it was right to kill
him. The jury had nothing to do with this.
The question for them to consider was: "Did
the prisoner wilfuly murder him?" The
sworn facts left no doubt as to that. The pri-
soner never pleaded sslf-defence until he saw
his solicitor at Port Elizabeth, and there was
no little of evidence to support the theory Of
struggle or quarrel. The prisoners counsel
had told the jury story which O'Donnell had
told to somebody else. 1t was theory unsup-
ported by the evidence. Tbs attorney general
denied that O'Donnell had stunned Carey
He invited him to drink shortly before he shot
him. The woman who vas with O'DoDnell
on the steamer knew all about the shooting,
osaA %el.o li.l
witness. If she was O'DoDnells wife, she
could not testify. II she was his mistress, why
were the prisoners counsel afraid to cali her?
Mr.. Sullivan, Of the counsel for O'Donnell,
here made an objection to the remarks of the
attorney general, and said that the woman had
been alluded to in the evidence as Mrs. O'Don-
nell, and that the attorney general had no
right to throw suspicion upon her. Judge
Denman said that he considered the attorney
generals remarks quite fair. The attorney
general continued, saying that it was evident
that she was not called because she could only
corroborate other witnesses. At Fort Eliza
beth, O'Donnell stated before the magistrate
that he snatched pistol from Carey's hand.
Ii so, he was no longer in any danger of his
life. Why did he fire? How did young Carey
get the pistol which O'Donnell had snatched
from his father? That statement was SO ab-
surd that another one was made up for the
prisoner to-day, inconsistent with the former.
Equally incredible. 1t would compel the Jury
w boiiosO lLat JSdi3k kAdIct LII p6h-
jury, and that he was SO precocious as to con-
ceal the pistol in order to fasten the crime up
on the prisoner. The attorney general said he
thought Mrs. O'Donnells Never mind,
ODonnell, you are no informer," showed what
really happened. She saw O'Donnell shoot
Carey, and thought that that crime was moth
ing as compared with the offence of being an
informer. The whole theory of self-defence,
said the attorney general, was untenable. The
prisoner shot Carey deliberately and openly,
h11,. An bzIsA - L i
act, and wished to enjoy all the notoriety that
could attach to it. History was full OF iu-
stances of men seeking such glory. The jury,
he knew, would be superior to any bias, and
pronounce upon tine facts of the case. The at
torney general occupied an hour and half in
his address.
Judge Denman then delivered bis charge to
the jury, which at p. m, retired to deliberate
upon verdict. At 40 o'clock the Jurors re-
turned to the court room, and requested Judge
Denman to furnish further explanations in
regard to certain matters connected With the
case After receiving instructions from the
judge, the jurymen retired, but again, at 8.45
O'Clock, returned to the court room and asked
for further explanations. These were given
them, and they again retired.
AT 9 ocloek the jury came into court with a
verdict of guilty" Judge Denman there
upon sentenced O'Donnell to death.
The close OF the trial was attended with
fearful confusion, the prisoner, after sentence,
being dragged away by the police, while he
shook his right hand and shouted: "Three
Statesl To h with the British and the
British Crown
LONDON, Dec. 2.-On leaving the dock last
night O'Donnell, guarded by strong escort,
walked with firm and unhesitating steps to the
cell for condemned prisoners. He was in
tensely excited but maintained an air of de-
fiance and continued to snathematize England
and the English people and laws. On reaching
the cell O'Donnell by a strong effort regained
his habitusl composure. The Catholic chap
lain of the prison, Father Fleming, soon
visited the prisoner and his visit had sooth-
ing effect on him. After refreshing nights
sleep O'Donncll ate hearty break asst and
conversed freely with the guards. Daring
Sunday he expressed no surprise at the YER
dict although he confessed the jury hesitating
inspired him with hope he might escape the
extreme penalty of the law. He highly
praised Mr.. Russell's able defence, and he still
maintains that he is Innocent of murder. All
day Sunday O'Donnell displayed extreme in
difference and even bore iaunty air. He
does not seem to despair of respite, and he
says his friends outside will move heaven and
earth to obtain his release.
Father Fleming revisited the prisoner to-
day and remained with him long time. He
says O'Donnell is in good spirits and prepared
for the worst The brother of O'Donnell will
visit him Monday. The prisoner will probably
remain at Newgate where he will be hanged
on December 18th. Ample precautions have
been taken to prevent rescue, and two
warders remain with O'Donnell night and
| day.
The result of O'Donnell's trial was eagerly
awaited by the Irish circles in London where
it was generally expected the verdict would be
manssughter. Some of the league branches
have resolved to memorable Sir Vernon Har.
court, Home Secretary, to commute the SEN
tence, and it is thought probable that an at
tempt will be made to bring a pressure upon
the United States government to interfere for
Communication of his sentence.
THE DOMINION.