Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-02

OcAcy Bco hHo PlStUI WHICH ODCQDell ldu
snatched from his father? That state
ment was so absurd that another one was
made for the prisoner to-day. inconsistent
" with the former and equally incredible.
Ii would compel the jury to believe that
young Carey was guilty of perjury and
WAS SO precocious as to con-
ceai the pistol in order to
fasten the crime upon the prisoner
The attorney seneral said he thought Mrs.
IODonneli's remark, ''Never mind, O'Don-
nell, You are no informer," sho wed
what really happened. She saw
| ODonnell shoot Carey and thought
that crime was nothing compared with
the ofense of being an informer. The
| whole theory of self-dense, said the attor-
ney general, was untsnable, The prisoner
shot Carey deliberately and openly. be-
cause he believed it to be a praiseworthy
act and wished to enjoy all tho notoriety
that would attach to it. History was full
OF instances of men seeking such glory.
The jury, he knew, would be superior
to any bias and pronounce upon
| the facts of the case. The attorney
general occupied an hour and half. The
judge then delivered his charge to the
jury, which, at p. M, retired and at 7:40
they returned and requested some further
explanations. The jury retired, but again
returned and asked explanations, and when
these were given they again retired. At 8
o'clock the jury came into the court, with
verdict of ''guilty." The judge, Dem
man, thereupon sentenced O'Donnell to
death. General Pryor sails from Liver
pool for New York in the Germanic on
the 9th inst. The lord mayor of Dublin
has invited General Pryor to a public
dinner.
Sir Henry James closed the case and
the judge charged the jury on TIE contem-
pletion charge. At p. N. the jury re-
tired
The judge warned the jury against papers.
| on account of their morbid and sensation
al paragraphs concerning him. The Judge
| IN reviewing the evidence said hs found
| the Witnesses agreed with each other up to
| the moment of the shooting. O'Donnell
and Carey seemed to be friendly, and as to
O'DonnelFs words to Mrs. Carey under the
| circumstances the judge thought the jury
should adopt the version most favorable TO
the prisoner. 1t was plain O'Donnell did
not say: 81 am sorry, but had to do 1t;
he attacked me first" The boy Carey,
who was astute and oversharp, was deeply
| interested in the result and likely
| to stretch the truth, eontredlcted himself
and other witnesses. His statements
should be narrowly watched and were not
TO be relied upon unless corroborated.
The absence of the woman called, but not
proven to be Mrs. O'DonnelI, was Of great
| significance and open to comment by the
counsel, especially as she came from the
cape with one witness. O'Donuell's threat
to shoot Carey was Of the greatest import
ance, in view of the fact that he killed
Carey the next day. The judge in refer
ring to the testimony Of Cubitt said, the
giving of the portrait and sketches of
Carey to O'Donnell was dangerous pro-
ceediDg and one likely to make him think
that killing such an Infamous
person was no crime. The foundation of
society would be Slapped if it was suppos-
ed the life OF an Infamous person might
be excusabiy taken. The Judge said O'Don .
nelrs statement that he snatche6 the pistol
from Carey's hand, if true, would not JUS
tlfv his acquittal On q verdict of man.
slaughter, for ODonnell was no longer in
danger of his life and had no excuse to
shoot Carey three times. The Judge then
defined the terms of murder and man
slaughter. If the jury WAS satisfied that
self defense was proven, they should acquit
the prisoner, and if they thought the pris-
oner suffered real provocation, they
| should find for manslaughter.
| If, however, they were convinced the deed
was not committed in self defense, or I'M
f! der grave proyocation, then they must
pronounce him guilty Of wilful murder.
Upon the completion of the judges charge
| the jury at p. m. retired to deliberate.
When the jury first retired O'Donnell stood
up in the dock and looked about with
great composure. The jury first returned
to ask if man had & deadly weapon in his
| hand and another thought he was about to
| use it against him and shot the for
mer, would it be manslaughter or
murder? The judge replied
it would be neither; but he asked, where
was the evidence Of any act done by Carey
which induced O'Donnell to think that
Carey meant to shoot him. When the jury
had retired, Sullivan expressed a doubt
whether the judge had not given a wrong
direction to the minds of the jury; but on
the question, Judge Denman asked SulIi-
van if he could suggest where such evil
dence was. When the jury returned the
second time they asked the judge the
meaning of ''malice aforethought" The
judge carefully defined the law of murder
bearing upon that point, as applied to the
present case, quoting authorities in sup
port of his definition and application. The
jury again retired ard returned in four
minutes with verdict of wilful murder.
When Judge Denman asked O'Donnell ifhe
had anything to say why the sentence of
death should not be passed upon him,
IODonnell made no reply. The judge then
passed the sentence of death in the usual
manner. The prisoner now wanted to
speak. The judge, however, ordered him
removed. The police seized him, when
ODonnelI held up his right hand, with his
fingers extended, and shouted "Three
cheers for old Ireland. Good bye United
States. I'd he'll with the British and
the British crown. Its plot made up by
the crown" The prisoner, shouting and
curSlng, was removed by the police, amid
the most frightful confusion and slamming
of doors. This action of O'DonnelI caused
the greatest excitement and surprise, as
ne previously had gained the sympathy
of the audience by his good behavior.
LONDON, Dec. General Roger 4.
Pryor states he has resolved to apply for a
hearing in the case of O'Donnell and force
an explicit refusal to his application, but
the other counsel in the case gave in
writing their opinion that the appearance