Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-12-02

with the offense Of being An informer.
The whole theory Of self defense, said
the Attorney General, vas untenable.
The prisoner shot Carey deliberately
and openly. saying be believed it to be
a praisevorthy act and wished TO enjoy
all the notoriety that would attach to
1t. History Was full of instances of
men seeking such glory. The jury, he
knew. would be superior to any bias
and pronounce on the facts of the case.
The At:orney-Geueral occupied an hour
and half. The Jadge then delivered
his charge to the jury, which. at p. m,
retired. At 40 they returned and re-
auested some further explanations
After receiving instructions the jury re-
tired. but again returned and asked eX-
plantations. These were given and they
again retired. At the jury came into
Court with the verdict Guilty" Judge
Denman thereupon sentenced ODou-
nell TO death.
General Pryor sails from Liverpool
for New York on the Germanic on the
9th instant.
Judge Denman delivered the charge.
He said the evidence was compact. and
the question was simply. was the killing
done in self defense: The jury must
decide the case regardless of what they
may read in the newspapers. which, he
thought, partially responsible for the
shooting of Carey on account OF their
morbid and sensational paragraphs.
In the evidence he found the witnesses
morning of the shooting O'Donnell and
4 n 40. -
nelrs words to Mrs. Carey, under the
the Judge thought the
jury should adopt the version most IA
vorable to the prisoner. 1t WAS plain
that ODOnnell did not say, Il am sor-
~. but had to do it. He attacked me
first" The boy Carey. who was astute.
over sharp and deeply Interested in the
result, and likely to stretch the truth,
himself and witnesses.
His statements should be narrowly
watched and we're not to be relied on
unless corroborated. The absence of the
woman called. but not present, called
Mrs. ODonnell, presented great signii-
cance and was open to comments of
especially a. she came from
Capetown with the witnesses. ODon-
nell's threat as to Carey was of great
in view of the fact that he
killed Carey the next day. The Judge,
to the testimony of Corbett,
,aid the giving Of portraits and sketches
Of Carey to O'Donnell was a dangerous
and one likely to make him
hink tho killing of such an Infamous
person no crime. The foundation of So
,iety would be sapped if it was supposed
he life Of An Infamous person might be
taken. The Judge said that
JDonneil's statement that be snatch ed
he pistol from Carey's hand, if true,
would not justify his acquittal
u a verdict of manslaughIer, for ODon-
lell was then no longer in danger of
lis life and had no excuse for shooting
Carey three times. The Judge then
lefiaed the terms % murder" and" man.
Ilanghter." If the jury we're satisfied
hat self defense was proven, they
hould acquit the prisoner. If they
bought the prisoner suffered real provo
.ation. they should find for man
daughter. II, however, they we're con-
rinced that the deed was not COM
nitted in self defense, or under grave |
then they must pronounce |
lin guilty Of willful murder.
On the completion of the judges |
'harge this jury, at Up. M, retired to
deliberate. When the jury first retired |
CDOnnell stood up In the dock and |
ooked about with great cOmpOsure. !
The jury first returned to ask if a man |
having a deadly weapon in his hand, |
md another thought he was about to |
1870 it against him and shot the |
ormer, would it be manslaughter |
u murder. The Judge replied |
hat it would be neither, but asked !
vhere there was evidence of any act |
lone by Carey which induced O'Donncll |
o think Carey would shoot him. When !
he jury retired Sullivan expressed a
loubt whether the Judge had not given
! wrong direction to the minds of the |
ury by his question. Judge Denman
Isked Sullivan if he could suggest where
'uch evidence was. When the jury re-
urned second time they asked the
Judge the meaning of "malice nfors- |
hought." The Judge carefully defined
he law of murder on that point as ap-
olied TO the present case, quoting au
horities in support of his definition and |
application. The jury again retired |
md returned in four minutes with a |
'erdict of willful murder. When |
Judge Denman asked O'Donnell if he |
lad anything to say why sentence
# death should not be passed upon |
him he said nothing. The Judge |
hen passed sentence of death in the |
10 ial form. The prisoner now wanted |
0 speak. The Judge, however, ordered |
lis removal. The police seized him,
vhen O'Donneil held up his right hand, |
With the fingers extended, and shouted |
Three cheers for old Ireland. Good |
we. United States! To hell with the |
British and its plot made up by the |
Jrownm The prisoner. shouting, ours |
ne and struggling. was forcibly removed |
~ the police amidst most fearful con
ussion and slamming of doors. This |
Iction o. O'DOnnell caused the greatest |
excitement and surprise, as he had pre- |
'iously gained the sympathy Of the au- |
Hence by his good behavior.
The Old spirit.
LONDON. Dec. 1.-The Deputy Grand
Master of the English Orangemen,
ssuing an address i'll connection with |
-.ord Rossmere, says he cannot sit still
md tamely submit to see the Irish |
brethren SO treated, and suggests that
Effective steps be taken to express sym-
)atuy Will tuc OlauSculeu VI 04ouaSudl
md Fermanagh.
why Pryor Did Not Appear.
LONDON. Dec. l.-tIen. Roger Pryor
that he had resolved to apply for
! hearing in the case Of O'Dounell and
oroe an explic,: refusal to his applica-
ion. bat the other counsel i'll the case
gave in writing their opini.n that the
appearance of An American lawyer sent
" Irish americans would be fatal IL
10 prisoner. They further stated that
( the application were made. they
would surrender their briefs. General
Pryor finally consulted O'Donnell, who
lseided to abide by the opinion of Rus
vii and Sullivan.
opened for Settlement.
Draw. Ont, Dec. 1.-The govern
lsnt has opened q mile belt through
he Northwest Territory for settlement
Il q 50 per acre. The belt 10 COO miles
onG.
9Xseaslve Railway Project.
OTsAwA, O1t., Dec. 1.-Huah Sother-
and and others Of Winnipeg will apply