The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-12-02
O'DONNELL CONVICTED.
THE TRIAL OF CAREy'y SLAYER
CONCLUDED.
Only One Witness Examined for the De-
fence-A strong Plen for the Prisoncs-A
Verdict OF Guilty In Two Hcurs-rhe Prise
oner Sentenced 10 Death.
[BY cable TO the Dlsnatch.l

outSiut VI tut uuuulDS.
MIR. Pryor sat behind Mr.. Charles Rus
sell, senior counsel for 0Donnell. The
prisoners brother was present in court. !
ODonnell appeared calm.
Walter Young, Port Elizabeth cab
driver, was called for the defence. He tes-
titled that he frequently drove the Carey |
family around Port Elizabeth, and they |
ought to know him. When Mrs. Carey |
and her son Tom denied it he was panie- |
stricken. He once said to Tom Carey. nj |
Port Elizabeth "You are a fine fellow |
Why didn't you shoot O'Donnell when he |
shot your father!n Tom answered: 81
had not the revolver. went to get it, but
when | went there it was gone, because my
father had it," Witness had mentioned
this TO other cab-driyers.
The cross-eXamnation OF this witness
elected no material change in his testimo-
ny. No other witness was called for the
defence, and Mr.. Russell began his address
to the jury.
MIR. Russell urged the jury. IN consider
/ ing the case, TO dismiss from their minds
all that they may have read upon the sub
jet Of the killing OF Carey. The prisoner
| did not deny the shooting OF Carey. The
question for the consideration Of the jury
was, " Did he do il under a reasonable APP
prehcnSion OF his lifeg" II so. they
should acqu:t him. II, short of this.
| O'DOnnel acted only under threat Of per-
sonal violence. they could not convict him
OF muder, although il might not be posi-
| BILE to let him 20 free altogether. The state
ment is utterly false that O'Donnell went
on board the steamer kinfaun Castle to
track Carey like sleuth-hound at the bid
| ding OF a secret society.
! Mr.. Russell said these were only news
paper charges, which he proceeded 10
warmly dcnounce.
| Judge Denman remarked that counsel
was hardly promoting the interest OF his
client. lie could trust the jury not to be
! Influenced by anything except the evidence
that had been given IN court.
Mr.. Russell said the accusation had an
important bearing, because it suggested
the words. II was sent to do it," which
were put into O'DOnnclps mouth by Mrs.
Carey. but, in Difference to the Judges re-
mark. he would make no further reference
to newspaper attacks. Mr.. Russell then
continued his address. lie compared
O'Donncll, who he said was an hon
est, Woodworking man, with Carey.
who was q villain, eXecrated by
the people, unpardoned by the Queen.
known to be cruel, treacherOus, and
desperate, who, forced by man likely 10
denounce him. would not scruple to resort
to any weapon to Oyerawe or kill, and
who, in all his murderOus conspracies,
took care OF his own life. Ii was nrea-
sOnable TO suppose that If O'Donnell had
premeditated the murder OF Carey he
would have committed i, in the presence
OF several witnesses.
Mr.. Russell, with dramatic effect. gave
O'Donno's own story Of the murder, sub
stantialy as it has already been published.
lie narrated the brief alteration that took
place in the cabin Of the steamer Melr0,e
Castle between the two men. the drawing OF
pistols by both, and the shooting OF Carey.
II was beyond doubt that Carey had pistol
atthe time he was shot The boy'stcstimony
TO the effect that his father went ashore at
Cape Town without il, and that he did not
carry il after his identity was discovered,
/ was false. O'DomelPs remark to Nj. CT
btt after he was shown Carey's portrait.
I'll shoot him. was merely piece Of
laughing brayado, having no indication in
I il OF serious purpose, and TO which no
body would attach importance.
Mr.. Russell spoke four hours, and upon
concluding his address we was greeted
with loud applause, which Judge DenmGn
sternly rcprcsscd. The Accomplishment
, occupied IN hour and half in his address,
: closing the case for the Government.
E Judge Denman then delivered his charge
to the jury, which at p. NJ. retired. NJ
5 $40 O'Clock they returned TO the court
room and requested Judge Dcnman to en-
plain 10 them certain matters connected
with the case. Al S:i5 O'Clock they again
; returned to the courtroom and asked Iur-
! ther explanations. These were given them,
= and they retired. AZ . O'Clock the jury
Y came into court with verdict OF
e equity" Judge DeEman thereupOn sen
t fenced O'Donnell to death.
TIE CLOSING SCENES or THE TRIAL.
/. When the Jury first retired O'Donnall
stood M in the dock a looked about
: with great compOsure. The jury FIRST re-
/ turned TO ask. III a man had deadly
/ veapon in his band, and another thought
+, that he was about to Use it against him, and
: shot the former. would it be manslaugh,eI
e or murtler?" The Judge replied that II
: would be neither; but he asked, Where
was the evidence OF any act done by Carey
which induced O'Donnell 10 think Carey
meant to shoot himl
When the jury had retired Mr.. Sullivan
y expressed doubt as 10 whether the JudI'
: had not given wrong direction 10 th'
:. minds OF the jury by his question.
,Judge Denman asked Mr.. sullivan il IN
y could suggest where such evidence was.
: When the Jury returned the second linn
:, they asked the Judge the meaning o
h "malice aforethought." The Judge care
fully defined the law Of murder beariD;
upon that point rs applied to the presen
= case. quoting authorities in support Of bi
definition and application.
The Jury again retired, and returned i
n few minutes with q verdict OF WIFI
y murder.
When Judge Denman asked O'D0nne
il he had anything to say why sentence c
death should not be passed upon hin
. O'Donnell made no reply. The Jud2
then passed sentence OF death in the usu;
- form. The prisoner now wanted TO speak
a The Judge. however. ordered his remoya
70 The police seized him, when ODonne
held up his right hand, his fin
gers extended. and shouted: Thre
q cheers for old Ireland; gO0d-by
70 limited States. TO he'll with the BIRTHS
and the British Crown. Il is plot mad
mn bv the Crown The prisoner. shou
r. ing, cursiny. and struggling, was the
r. forcibly removed by the police amid VI
most fearful confusion and the slammin
ei of doors. Thi, action OF Oonnellca cause
the greatest excitement and surprise, As !
g had previously gainrd the sympathy OF u
Il. audience by hls demeanor.
- NationaIists versus Orangemen.
y SERIOUS TROUBLE APPREHENDED IN NRWR