The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1883-12-03
GONE TO THE JURY,
OADonnelI's f'ate In the Hands Of
Twelve British Jurors.
His Counsel Makes Strong Appeal
in His Behalf---The Judges
Charge FavOrabie---Other
Foreign News Notes.


LONDON, Dec o.-The trial of Patrick
O'Donneli, for the murder of DANES Carey,
was resumed before Judge George Denman
in the Old Bailey police court. The room
was crowded with spectators, including many
ladies. O'Donnell still maintained his air of
ease, and listened attentively to what his
counsel, Mi Russell, had to say.
Walter Young was the first and only
witness called by the defense. He said
he was car-driver from Port
Elizabeth, but that at the time of the shoot
ing he was passenger on board the Melrose
Castle. He testified that when the quarrel
ensued between O'Donnell and Carey, young
Carey told him to run and fetch pistol; that
he did not obey the request, and that young
Carey Immediately discovered that his father
had a weapon in his possession. He was
cross examined by Mr.. Poland, who asked
whether young Carey said: Fetch a
pistol or "Fetch the pistol The witness
declared that the words used were "Fetch a
pistoln Young then said that he was colonial
born, and had no Irish relations. This closed
the testimony for the defense, and Mr.. Charles
Russell, NJ. r., and of the counsel for the
the prisoner, began his address to the jury.
1t was very forcible argument
He concluded with asking the jury, "Was
this murder, or was the revolver discharged
in self defense and claimed that the testi-
mony went to show that the latter was the
case. He urged the jury in considering the
case to dismiss from their minds
all they might 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
tine jury was: Odd he do it while under a
reasonable apprehension of the safety of his
own ife.f' II So they should acquit him. II,
short of this, O'Donnell acted only under a
throat of personal violence, they could not
convict him of murder, although it might
not be possible to let him go free altogether.
Mr. RaSsell gave O'Donnell's version of the
shooting u Carey. He said that till the day
al e. he reached Capetown, O'Donnell never
for inonentsaspeeted Power TO be Carey
Seeing Carey was an Irishmah like himself
ODonnall ehummed with him, and was kind
to Carey's children because they seemed to be
in misery. O'Donnell was further attracted 20
Carey by, his occasional moody, mysterious
manner; thought he was possibly political
outcast escaping. The day after they left the
care it was rumored that Carey was aboard
O'Donneil was overcome by the idea that he
had been giving his hand To and cumming
with such william. He lay awake all
night, moaning and grooming at the
thought. unable to believe or disbelieve
lie had had, as the crown wit
ness Greeabough, who was not brought
here testified at the Cape, plenty opportuni-
ties of throwing Carey overheard on the way,
had he suspected his identity. In order to
draw Carey out, and contrary to his usual
abstenious habits O'Donnell drank rather
freely next morning Sunday with Carey The
informer, suspacting something, changed his
maner to O'Donnen. Going into the saloon
for beer..he said: What have You done with
your pistol, O'Donnell2 It made me nervous
when you fired at those flying fish, ODon-
nell replied Qying)i 81 sold it. And why
are you afraid? Only q man who had some
thing on his conscience would be afraid, or
words 30 that effect. Meanwhile Mrs.
ODonnell not wishing to be dragged
into the row, had left them Carey
took hectefing tone, and, as some men,
who had been previously sitting, sprang to
his feet, he said, 40iBonneIl, you are both
ready to so off half cooked" grasped ODon
nell, who took Carey's collar by his left par
alyzed hand. Carey aid O'Donnell then
each put their hands in their pockets and
drew out their pistols ~ came from a part
Of America where people don't wait to in
quire into q mans intention, when his pistol
is against your forehead reia ties 0'Donnell,
"and fired with my right hand" Carey's
revolver went off, dropped to the floor; its
owner staggered forward, STOPPING to pick
up the weapon. Seeing this, O'DonnelI fired
again. Tom Carey then picked up his fathers
pistol
Mr.. Russell contended that O'Donnelrs mar
rative was consistent, and therefore
his life should not be forfeited for
the offense which he committed
When Mr. Russell concluded his address
there were a number of cheers. The judge
declared that court would be cleared if the
cheers were repeated.
Sir Henry James, attorney general, then
began his argument for the prosecution,
which was mainly repetition of his speech in
the opening Of the case. lie claimed that the
defense had failed to show that O'Donnell
was justified in taking Carey's life. Continu-
ing the attorney general asked: why didn't
O'Donnell allege self-defence as justification
loI shooVlhS AaIey, III HIS preliminary ulal
before the magistrate at Cape TownF'
The judge in summing up the case ex.
pounded the law in relation to murder and
manslaughter, and said that unless the jury
was convinced that the prisoner had acted in
self-defense in shooting Carey, he was guilty
of murder. The judge, in the summing up,
said young Carey was evidently untruthful.
The jury retired at 6:55 p. IN.
GENERAL FOREIGN ITEMS