The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-12-05
GUILTY.

O'Donnell Found Guilty of Carey's Murder
and Sentenced to Desth-A Brief De-
Tense.
LONDON. Dec. 1.-The trial Of 0Donnell for the
murder of Carey was resumed to-day The Court
room was crowded. but only a few persons were
outside the building. ODOnnell appeared calm.
Walter Young. a Port Elizabeth cab-driver. was
called for the defense. He testified that he fire.
abeth and they ought TO know him. When Mrs.
Carey and her son Tom denied IL he was panic
s stricken He once said 10 Tom Carey. az Port
YOU shoot 0Donnell when he shot your iather?'
Tom answered. ~ had no revolver I went to
get i, but when went there II was gone. because
my father had it." witness had mentioned this
70 other cab drivers. The cross-examination did
not materially change his testimony.
No other witnesses were called for the defense,
and Russell began his address TO the Jury.
Russell urged the Jury in considering the case TO
dismiss from their minds all they may have read
upon the subject of killing Carey. The prisoner
did not deny the shooting Of Carey. The question
fer the consideration OF the Jury was: Ibid he do
il under q reasonable apprehension Of his life?'
II So then they should acquit him.
If short of this, 0'Donnell acted only under q
threat Of personal violence they could not convict
10 let him go free altogether.
The statements utterly false that o. Donnell went
reg like sleuth hound. Russell said these were
only newspaper charges, which he warmly de-
nouneed.
Judge Denman remarked that counsel was
hardly promoting the interests of his client. He
could trust the Jury not to be influenced by any
thing except the evidence given in Court
Russell said the accusation had an important
bearing because It suggested the words II was sent
by Mrs Carey; but in Difference to the Judges re-
marx, ne would make no further reference TO
newspaper attacks. Russell then. continued his
was an honest, hard working man, with Carey. who
was a villain execrated by the people, rnpardoned
by the Queen; known to be cruel. treacheIous and
nounce him, would not scruple to resort 70 any
weapon 10 overawe or kill. and who, in all his
Ii was unreasonable to suppose that IL O'Donneli
had premedtated the murder of Carey. he would
have committed 1t in the presence Of several wit
Russell, with dramatic effect, gave o'Doanelrs
own story OF the murder substantially as already
ATTORNEY General James and Judge Denman at
first objected. Russell then narrated in brief the
steamer Melrose Castle between the two men. the
drawing pistols by both, and shooting of Carey
all of which, said Russell. occupied less time than
The circumstances fitted with the testimony of the
witnesses, Jones, Beecher and Marks. The
evidence given by Parish and young Carey
| was, he commended. unworthy OF credence
| IL shown beyond doubt that Carey
had pistol a. the time ne was shot Inc s Soys
at Capetown without it, and did not carry il after
his identity, discovered was false. o'Donnelrs
| remark TO Cubitt, after shown Carey's portrait
''pll shoot him." was merely a piece OF laughing
bravado, having no indication in IL OF serious
| purpose. and 10 which nobody would attach I'm
| portance. .....-
Rnssell said that although no witness saw the
pistol in carey's hand. yet itwa quite likely the
pistol drawn, but owing 10 the uncertain light
| In the cabin and excitement of the moment il
| escaped observation. He submitted that the boy
Carey picked up the revolver when the father fell,
| and keptit for the purpose OF shooting 0Don-
/ nell ii he got chance, or for the pur-
| nose OF concealing 1t in order 10
| make il appear that O'Donnell committed
| unprovoked murder. Russell. after insisting upon
the ere di,able testimony OF ionng the cab driver
| made an eloquent appeal 70 the Jury for an un
/ prejudiced and calm Consideration Of the case. II
| they drawn irresistbly to the conclusion
| that the prisoner was guilty. they would coaVic'