New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-02
O'DONNELL CONVICTED.
TIE PRISONER SENTENCED TO DEATH.

CONDUCT OF THE MURDERER.
LONDON Dec. 1.-The trial of Patrick O'DOnnell
for the murder Of James Carey was resumed this
morning. The courtroom was crowded with
people, but there were few persons outside of the
building. Mr.. Pryor sat behind Charles Russell,
senior counsel for 0'DOnnell. The prisoners
brother was present. Walter Young Port Eliza
beth cab-driyer, was called for the defence. lie
testified that he frequently drove the Carey family
| around Port Elizabeth, and they ought to know
him. When Mrs. Carey and her son denied it, he
said that he was panic-stricken. He once said to
Tom Carey at Port Elizabeth: "You are fine
fellow Why didn't you shoot O'Donnell when he
shot your father?" "Tom" answered: 81 had
not the revolver. went to get it, but when went
there 1t was gone, because my father had it," The
witness said that he had mentioned this to other
cab-dryers No other witness was called for the
defence.
Mr.. Russell urged the jury in considering the
case to dismiss from their minds all that they may
| have read upon the subject of the killing of Carey.
! The prisoner did not deny the shooting. The ques-
! tion for the consideration Of the jury was Did
| he do it under reasonable apprehension OF his
! lifc" If so, they should acquit him. If short of
this, ODonnel acted onlyundcr threat of personal
! violence, they could not convict him of MURDER
although it might not be possible to let him go free
! altogether. The statement is utterly false that
| ODOnncll went on board the steamer Kinfauns
Castle to track Carey at the bidding of a secret
society. Mr. Russell said these were only news
paper charges which he proceeded to denounce.
Judge Denman remarked that counsel was hardly
promoting the interest of his client He could
trust the jury not to be influenced by anything cx-
| cept the evidence that had been given in court.
Mr. Russell said the accuSatioa had an important
bearing because it suggested the words " | was
sent to do it," which were put into O'DonnePs
mouth by Mrs. Carey; but in Difference to tho
| Judges remark, he would make no further refer
cucc To newspaper attacks. He then continued his
address He compared O'Donnell, who was an
honest. hardworking man, with Carey. who was a
villain cNccratcd by the people, unpardoncd by the
Queen, known to be cruel, trcachcrous and dcs-
pcratc. VINO, forced by man likely to dcnounce
him, w0ui0 NOT scruplc to resort to any weapon to
oycrawc or kill and who in all his murderous con-
spracics took care Of his own life. 1t was unrca-
sonablc to suppose that if O'Donncll had prcmcd
tatcd the murder, he would have committed it in
the presence of several witnesses.
THE PRISONERS STORY or THE MURDER.
Mr.. Russell gave ODonnclrs own story Of the
murder, substantially as il has already been pub
lishcd. Attorney General James and Judge DEN
man at first objected but finally consented to allow
llr Russell 10 proceed with the story. Mr. Russell
then narrated the trouble that took place in the
cabin of the steamer Mclrosc Castle between the
two men, the drawing of pistols by both, and the
shooting of Carey. all of which, sail Mr.. Russell
occupied less time than it took to tell; hence no
rrcrimiuat.ou was heard. The circumstances fitted
with the testimony of the witur,,c, Jones, Bccchcr
and Marks. The evidence given by Parish and
young Carey was, he continued. unworthy Of cred
cncc II was beyond doubt that Carey had pistol
%, n. time he vas shot. The boys testimony that
his father went ashore at Cape Town without it
aud that he did not carry it after his identity
discovered was false O'DOnnclls remark to Mr. Cor
b,tt after he was shown Carcys portrait, "Ill
shoot him." was merely piece of laughing bra
yJdo having no indication IN IT of serious purpose
aud to which nobody would attach Importance.
Although no witness pistol in Carcy's hand
Mr.. Russell said yet it was likely that pistol was
drawn, but owing to the uncertain light in the
cabin and the excitement of the moment it escaped
observation. lie submitted that the son OF Carey
picked up the revolver when his father fell and
kept Il for the purpose Of firing at ODonncl If he
got q chance for the purpose of concealIng 1t m
order to make II appear that ODonnell committed
an unprOvOkcd murder. After insisting upon the
crcdlblty of the testimony of Young, the cab
driver, MIR. Russell made an appeal to tho jury Tor
an uuprciudiccd ana calm consideration of the case.
IL was better ho said, that guilty person should
sometimes escape punishment than that an lnnO-
cent one pcrchancc should suffer.
Mr. Russell spoke four hours, and upon Conclud-
ing his address hc greeted with loud applause,
which Judge Denman rcpresscd.
THE ARGUMENT FOR THE GOVERNMENT.
Attorncy-Gcneral James closed the case for the
Government. lie said that much had been said
to blackon Carey's character, that people might
believe that il was right to kill him. The jury had
nothing to do with this. The question for them to
consider was: Did the prisoner wfully murder
hImH Tho sworn facts left no doubt as to that.
The prisoner never pleaded Self-dcfcnco until hc
saw his solicitor at Port Elizabeth and there was
no title of evidence to support the theory of
struggle or "A quarrel The prisoners counsel had
told the jury story which O'Donnell had told to
somebody else. IL theory unsupported by
the evidence Tho Attorney General denied that
ODOnuell had shunucd Carey. lie invited MN 10
drink shortly before he shot him. The woman who
was with ODOnnell on the steamer knew ali about
the shooting, and it was strange that sue Was not
called M % witness III she was ODOnnclls wllc
she could not testify If she was his mistress, why
were the prisoners counsel afraid to call hcrf
Mr.. Sullivan, of counsel for O'DOnncl here made
an objection TO the remarks OF the Attorn'y,Hen-
cral, and said that the woman had been alluded 10
in the evidence Mrs ODonncll, and That the AT
torney General had right to throw suspicion
upon her. Judge Dcnman said that he considered
the Attorney Generals remarks rs fair. ~
The Attorney General continued, saying tnat III
was evident that she was not called because she
could only c0rrOborate other witnesses. At foTt
Elizabeth ODonnell stated before the magistrate
that he took pistol from carey h4HG fC WbS 49, All
hc fire. How did young Carey get tho pistol
which ODonncll had taken from his father
That statement was so absurd that another one
was made for the prisoner today inconsistent wltn
tho former and equally incredible. 1t would
compel the jury to believe that yonng carey was
guilty of perjury and that he was 80 precOclOus as
10 conceal tho pistol in order 10 iastcn the crime
upon the prisoner. The Attorney General said no
Thought Mrs. ODonnclPs remark, Never mlnd.
0'Donuell Won are no inlonncr!D showed what
really happened She saw ODonncll shoot Carey,
and thought that that crime was nothing com
pared with the offence OF beng IN lnloImer INC
prsoncr shot Carey deliberately because he believed
il To bc a prascwOrthy act and wished to ENJOY all
the notoriciy that would attach to II.
Judge Denman then delivered his charge to tho
Jury, witch at 7 p. IN. retired to deliberate upon
verdict.