National Republican., 1883-12-03
VDONNELL TO DIE.
Conclusion Of the Trial Of the Slayer of
Carey
Guilty Of Murder the Verdict Returned
by the Jury.
Sharp Trick Of the Police TO Avoid an Outbreak
by The Crowd,
The Prisoner is Led From the Court
cursing and Struggling.

LONDON, Dec. 2.-Tho trial of O'Donnell,
for the killing of Carey, was concluded yes
terday. When the case was resumed the
court room was crowded with people, but
there wero fow people outside OF the building.
Mr.. Pryor sat behind Mr.. Charles Russell,
senior counsel for o'Donnell. The prisoners
brother was present in court. ODonncll
appeared calm.
Walter Young, Port Elizabeth cab driver,
was called for tho defense, and testified that
Tom Carey had said that he went to get the
revolver to shoot O'Donnoll, but couldn't
because his father had it. Cross-examination
made no change in his evidence
Mr.. Russell then addressed tho Jury for tho
defensc, urging them to dismiss from their
minds all they had read in the newspapers
about the killing, and making the point that
the act was committed by the prisoner under
reasonable apprehension of his own life.
Attorney General James closed tho case for
the government, speaking an hour and half,
emphasizing the point that the prisoner shot
Carey deliberately and openly because he
believed it TO be praiseworthy act, and
wished to enjoy all the notoriety that would
attach to IL.
Judge Denman then delivered his charge
to the jury. He said the evidence was COM
pact. The question simply was, "Was the
killing done in self defenseT The jury must
decide the case regardless of what they may
have read in tho newspapers, which, he
thought, were partially responsible for the
shooting of Carey on account of their morbid
and sensational paragraphs concerning him.
The judge then reviewed the evidence, and,
in conclusion, said that if tho jury wero salts
fed that self defense was proven they should
acquit the prisoner. If they thought the
prisoner suffered real provocation they
should find for manslaughter. If, however,
fhaxrr Nhot AI,.SI onl -
committed in self defense, or under grave
provocation, then they must pronounce him
guilty of willful murder.
When Judge Denham had given the case
TO the jury and the latter had retired, the
court said TO O'Donnell:
"Prisoner at the bar, il YOU SO wish YOU
may retire while the jury is out"
II would as lief sit here where am as not
to hear what the verdict is," replied tho pris-
oner.
For awhile O'Donnell and his counsel ap-
peared composed, although expectant, but, as
the time of the jury's absence heightened,
composure gave way to uneasiness and rest
lessness.
after an absence of exactly forty-hve min
utes the jury returned, not with a verdict but
with a question, and ODonnen heaved deep
sigh of relief.
The formalities over, the foreman asked
the court the following question:
IF ono man shoots and kills another man,
the first man thinking at the time that tho
other is about to shoot him, would that be
murder?"
The question held out such hope to the
prisoner that his whole demeanor changed to
comparative cheerfulness.
The court answered. 1T might be murder
or 1t might not, but, in this caso no evidence
has been produced to show that Carey in
tended to shoot"
This interiection by the court sent cold
hri1 nfNlt hn atIt As.I la
cloud of despair again over ODonnell's coun-
tenance. During the second retirement of
the jury O'Donnell became anxious and
frequently attempted to conceal his ex-
citement by holding close conferences with
Mr.. Guy and Gen. Roger A. Pryor.
The Jury this time remained out one hour,
and the suspense among the people in the
court room became painful. When the jurors
once more emerged they asked again for in
formation. and again the prisoners face
lighted up with hope.
The court was requested to inform the jury
regarding the expression, "Malice afore-
thought"
Judge Denman defined the term without
comment, the jury retired for the third time,
and the look of hope remained ON O'Donnell's
face He turned around to his counsel, and
was heard to say: ut looks better"
Five minutes later the jury defied solemnly
into the court room, and with eyes cast down
resumed their places. When the terrible
strain attending the formal colloquy between
the court clerk and the foreman was termi-
mated by the latter's slow and deliberate an
nouncement of the verdict, Guilty of MUIR
der" O'Donnell turned pale as DEATH great
drops of perspiration fell from his brows, and
with sort of crazy surprise, he half emitted
cry.
BY tremendous effort he almost instantly
regained possession of himself, bit his under
lip until 1t bled, and then, clenching both his
Aatg xrtth Ia 10 A.rfa dad IL. I'LL
Strengthened himself up to his full height, and
stood staring at the court with all the app ear
ance of defiance he was able to summon to
his command.
Judge Denman is notoriously averse to
death sentences, and hesitated considerably
to-day. During the earlier part of the judges
address O'Donnell stood at his fullest height,
crossing his arms on his breast after tho first
utteranoe.
As the sentence was approached he began Ia
swagger and lolled back and forth and smiled
scornfully upon both the jurors and tho judge
When the court said Carey may have been a
wicked and an abominable man. but that gave
the prisoner no reason for numbering him, y
O'Donnell loudly sneered.
Ho made no sign during the pronouncement
of the death sentence, but Immediately after
its conclusion O'Donnell said Judge, ask
permission to make an address, want to say
something that will forever ring in the hoarts
of the Irish people"
The reporters, counsel, spectators and off,
cers present heard these words very plainly
Judge Denman pretended not to have heard
them, and, putting his hands to his cars as II
to hear better. asked tho clerk what the
prisoner had said.
"He wants to make q Speech" answered
the clerk. "Oh" said the judge and the
officers, taking this for Il signal grabbed a
strong hold upon the prisoner and began
pushing him from the room
ODonnoll fought hard TO stay and speak,
but was dragged out amid the widest excite.
mont, yelling at the top Of his strength.
"Three cheers for ireland. Goodby TO the
United States. To hell with tho Britsh
crown"
The officers kept the excited crowd back
from the aisles, but O'Donnoll was heard
struggling, eursng, swearing, and howling
Uhorribly all tho way down tho stairs.
During the latter hours of the trial thou
rands Of people surrounded the Old Bailey
the crowds extending into Newgato street
and Ludgate hill. Ono hundred special police
We're distributed around to preserve order
The predominant sentiment OF tho crowds
was in favor Of O'Donnell,
A few minutes before O'clock when tho
nature Of the verdict had become known 10
the leading officials, the police grew alarmed
at the increase of the crowd, aud took advan.
tage Of the popular feeling by sending out
word that O'Donnell was acquitted. This
news was received with tremendous cheers
plainly audible In the court room. The
prONyda hnUour al anoo m dienarsa mud On rry