The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-03
The jury Occupy but Short Time In
Their Deliberations, and Bring In
Verdict of WiIful Murder.
The Judge Passes Sentence, and the
Prisoner Responds with Curses.
The Desperate Condition of HicIs's Army,
and How It's Leader Ded-The Pope
and the American Bishops
o'DoNNELL's SENTENCE.
The Jury Speedily Pronounce Him Guilty
of WilIful Murder

| of WilIful Murder
! LONDON, Dec 1.-The trial OF ODonuell was
resumed This morning. The courtroom was
crowded. There were few persons outside the
| building. Pryor sat behind Charles Russell,
senior counsel for ODonnel The prisoners
| brother was present O'DOanell appeared calm.
! Walter Young, II Port Elizabeth cab-driver, was
called for the defense. He testified that he fire.
quently drove the Carey family around Port
Elizabeth, and they ought to know him. When
Mrs. Carey and her son Tom denied it, he was
panic stricken. He once said to Tom Carey at
Port Elizabeth ''You are a fine fellow. Why
didn't You shoot O'Donnen when he shot your
| fathe1F' Tom answered: II had no revolver.
| Went TO get It, but when went there il was
gone, because my father mad it," Witness had
| mentioned THIS 10 the other cab-drivers.
THE REMARKS OF Mr.. RUSSELL.
Mr. Russell compared O'Donnell, who, he said,
was an honest Woodworking man, with Carey,
who was VILLAIN, execrated by the people, I'M
pardoned by the Queen. known to be cruel,
| treacherous and desperate who, faced by man
likely to denOunce him, would not scruple to re-
sort TO any weapon to Overawe or Kill, and vino
in all his murderOus couspiracies took care of
his own life. 1t was unreasonable to Suppose
| that II O,Donnell Ind premeditatrd the murder
| of Carey he would have committed it in the
| presence OF witnesses.
| Mr.. Russell, with dramatic effect. gave O'Don-
i -. sSS"ly VI me Huruef, hubS tlnilalIy aS
Judge Denman AZ tirt Ky I3iG 1ipG9 @ AN, anu
| narrated how brief alteration took place in
me caoin OF the steamer Merose Castle be
| tween the TWO men, the drawing Of
| pistols by both and the shooting of Carey all
of which, said RUSSELL occupied less
| time than 1t took to tell; hence recrimination
testimony OF the Witnesses foHa Roh Tior 9 rn9
Marks. The evidence given by Parish and young
| Sy GSaaey Wa, nc coltehueu, unworthy OF credence
~ ~ "te peS otiu Uoupt thitI carey uad pistol ak
~ F. ~ ne Nv, S - suot ne 10Y testimony 10
~, ciect I'm. @ ms ~ ldller went ashore ut cape
;,. 1uMn Mlsnoi IT, anu uu no' carry IL atter ms
iuciit.1y 1y as uisCVNtI was IaseJ DonheIts
| lcialh ", ~ C'ult!' HIIti ne was SH"Wh Careys
| polCL,Hlp Il II euooG hIhi, was niefclY piece OF
w aN 'i'o l llE ~ iuc'''ioli III IL OF
| serious purpose ahG 10 whlcA nobody would at
| V'g,, o., lln4"I \, ~ taIce: al &C., ..,,
II ~ Sniu aiIhouSh no witness saw me pis-
;. oUi Il" 2 o"ttA hHnu' G; IL was 4n'e llAey us
tt;St i tn IT. LA u' Nv lIIE to me uncertain
ilSI. IN tIie caDi ani' me eNcltement OF the mo
.ieHt , H. Tscateu opseTI tt3h' ne snpmtteI that
St1 Sne Ivy E'tu9 Pcheu up tle feNolVcr When MS
a., ~ no ii Nv G & ~ ioI y im1 pun oi shoOl-
.lis - u ne sot cHahcH' or lor he pur-
t ~ SUV 1IS II, ~, o5ueI 10 ihahe appear
th"' d D"nli9" rVllaltaeu ~ 0 an unlioNoKed muir
NJ Ne HWssgl' alttE lnsls'l.s upon tue credt-
| Sil;9 ot tne testimony OF Young, the cab-
| an unprecedented aud calm consideration Of tbe
case
| ABSTRACT OF THE ATTORNEY C EN- ERAI' 5 Address.
Attorney general James closed the case for
| the government. He said So much had been
| said TO backen Carey's character thar people
| might believe it was right to kill him The Jury
| had nothing to do with this The question for
| them to consider was, Did the prisoner wilfully
murder him?" The sworn facts left no doubt as
| to that The prisoner never pleaded self-de-
fense until he saw his solicitor at Port Elizabeth
and there was no tittle Of evidence to support
| the theory of struggle or Il quarrel Al Port
Elizabeth O'D0nnell stated before the magis-
! tta'g thal ne suatched a pistol from Carey's
Nfn IF so nn," ia ,,,,, 1' 1S 80 utSVI % ol !lS
witch O,Dnnnsu haI si,aI,li {,,, ,i ,e t.5 tiso"5
.Tnat statenont WIS n aTsur ,i,.+ " No, -" oit @
WAS made for tba nrisnnsr tn a. ,"o-,e, i,+ Wv,
With the farmer ana enualIv irrrndihIa T.,
would compel the inry to believe that vounc
| Carey yyus ,ruifv If neriIr, ma rg,s 90 1919 !E
cfons as 70 c"nceoI tho IisiGl ~ i ~ ." irVco i
! inc crime nnnn the nrisnnor ma ~ I'9,Vt so
| ernl said he thouobi Nr. O,r,n,r',ii' S ,,,,il
f.Nnvor nina 0'THHpoii. ION "a ,, - @ ,lii n; =,
sEowed w at reaIl, hnrTrnnd Sna sa, NU liz,
nail sl,on- " r. "a "a t'l,l' 1 Iuc SdW " Don
notning comnarcd win me f .naa of M was
! infnrmpr Tine winnie rhenrv ealf dof.''s. "a a
! the Atiorney-rem,.rni was Intrnahia M 80 go
! oner shot Carey dpliber,rnIy and o,arN,. 10
cause he believed If tn II. ,raise v5atrthr3' n
and wished to oniDv all the nutorirtv fhsf ',ynIij
| attach to 1t.
-, .,,.,,.... ..... .-.
THE CHARGE AND THE VERDICT
! Judge Deuman delivered the charl-r tn tha
| i,,r,. H.. s.,i+ +l,, o,,iio,,,s ~, ,.. ~,
'"'' ~ 900 ' '''"o0 vas '"lA!'c'. Inc
| question simply was WAS the killing done in
! salf.defensrg, The iii,.v n,n.+ is.,,,.. t,o o- -
| rordIae, of ,,,,+ ,,,. ,,,,. ,. =, -, -
9"'0i'' W " nav '"'9 ma! ie''' III the heWSpa-
pers, which, he thought, were partially rtspon-
| sihle for the shonting of Carev on account of
+bo;r ,,o,hid ,,, so,,soti,,,, -
~ % 'o''' i''"S'Sins coh-
cernhg ilin The Judge, in reviewing the evil
| dence sald he found the witnesses agreed wifi.
aac othar tbot' m, +o ra ,,,..,,,,,,t f +,, -,
| 49,, o.,,1, =, - r, ~ y. 'l9 9"ooU-
| ing . Duhhel ana Carey seemed to be friendly.
| AS to O'Donuells words to Mrs Carey under the
circumstances the iufoe tnoucbt tl,o inv, sro,,I1