Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-03
THE GALLONS.
THE SLAYER OF CAREF T.
CONDEMNED TO DEATH.

Close of the Trial at London Yesterday
The Arguments of Counsel for the De-
fsnse-1he Charge of the Judge Against
the Prisoner-An Exciting Scene in the
Court Rsom-S' Removed to
Prison by Force.
LONDON, Dec. 1.-The trial of O'Donnell
for the murder of Carey was resumed to
day. The court room was crowded. But
few persons were outside the building.
Pryor sat behind Chas. Russell, senior
counsel for O'Donnell. The prisoners
brother was present. O'Donnell appeared
calm. Walter Young, of Port Elizabeth, a
cab driver, was called for the defense, and
testified that he frequently drove the
Carey family around Port Elizabeth, and
they ought to know him. When Mrs. Ca
reg and her son Tom denied it 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 shotyour father"
Tom answered: II had no revolver. I went
to get it, but when I went there it was
gone, because my father had it," Witness
had mentioned this to other cab drivers.
The cross examination did not materially
change his testimony. No other witness
was called for the defense, and Russell be-
gan his address to the jury.
Russell said the accusation had an i'm
portant bearing, because it suggested the
words, 81 was sent to do it," which were
put into O'Donnelps mouth by Mrs. Carey,
but in reference to the judges remarks, he
would make 10 further reference to news
paper attacks. Russell then
continue his address. Russell
urged the jury in considering the
case to dismiss from their minds all they
may have read upon the subject of the
killing of Carey. The prisoner did not,
deny the shooting of Carey. The question
for the consideration of the jury Was:
'sDid he do it under q reasonable appre-
hension Of his hfe?" If so they should
acquit him. If short of this O'Donnell
acted under threat of personal violence.
They could convict him of murder al
though it might not be possible to let him
GO free altogether. The state
ment is utterly false that O'Don-
nell went on board the steamer
Kinfauu's Castle to track Carey like a
sleuth hound at the bidding of secret SO
cIety. Russell said these were only news
paper charges, which he warmly de-
bounced.
Judge Denmar remarked that counsel
was hardly promoting the interests OF his
client. he could trust the judge not to be
infiuei cad by anything except the evidence
given in court.
Russell said the evidence had an i'm
portant bearing because it suggested the
words, Il was sent to do it," which were
put into O'Donnell's mouth by Mrs. Carey,
but 10 Difference to the judges remarks he
would make no further reference to news
paper attacks.
Russell continued and said: He COM
pared ODonnell, who, he said, was an
honest, hard working man, with Carey,
who was villain, execrated by the PEG
pie, I'm pardoned by the queen. known to
be cruel, treaeherous and desperate, who,
forced by man likely to denounce him,
would not scruple to resort to any weapon
to overawe or kill, and who in all his
murderous conspiracies took care of his
own life. 1t was unreasonable to suppose
if O'Donnell had premeditated the muir
der of Carey he would have committed it
in the presence of several witnesses.
Russell, with dramatic effect, gave ODon-
nelrs story of the murder substantially as
already published. Attoroey General
James and Judge Denman objected.
Russell then narrated that a brief alterca-
ton took place in the cabin of the steamer
Melrose Castle between the two men, the
drawing of pistol by both and the shoot
ing of Carey, all of which, said Russell,
occupied less time than it took to tell.
II Va.
cumstances fitted with the testimony. The
witnesses Jones, Beecher and Marks, the
evidence given by Parish aud young Carey
was, he contended, unworthy
of credence. 1t was beyond
doubt that Carey had pistol
at the time he was shot. The boys testi-
mony to the effect that his father went
ashore at Capetown without it and did not
carry it after his identity was discovered
was false. O'Donneil's remark to Cubitt
after shown Carey's portrait ''I'll shoot
him" was merely piece of laughing bra
vado, having no indication Of serious pur-
pose and to which nobody could attach
importance.
Russell said, Ethat although no witness
saw pistol in Carey's hand, yet it WIS
quite likely pistol was drawn, but owing
to the uncertain light IN the cabin and the
excitement of tbs moment it escaped Oh
seryation. He submitted that the boy
Carey, picked up the revolver when his
father fell, and kept it for the purpose of
shooting O'Donnell. if he got chance, or
for the purpose of concealing it, in order
to make it appear O'DonneH had COM
mitted an unprovoked murder. Russell,
after insisting upon the credibility of the
testimony of Young, the cab driver, made
an eloquent appeal to the jury for an I'M
preiudiced and calm consideration of the
case. IL they were drawn irresistably to
the conclusion that the prisoner was guilty,
they would convict him, but if they felt
there were important parts of the evidence
which crumble when they attempted
to stand upon them, then whatever
suspicious they might have, they would
give the prisoner the benefit of the doubt
1t was better guilty person should some
times escape punishment than that an in
nocent one perchance should suffer. Rus
sell spoke four hours, and upon conclud
ing was loudly applauded by the crowd.
The judge sternly repressed the applause.
Attorney General James closed the case
for the government. He said 80 much had
been said to blacken Csrey's character.
that people might believe it was right to
kill him. The jury had nothing to do
with this. The question for them to con-