The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-12-01

I
no excitement outside OF the court house;
there are but few people there, and are
police force Is sguardipg the court. Russell,
Of o. 0'Donnell's counsel, demanded that the
room. The jury being called, the Clerk
to any Of them. o:Donnell replied: 4
trust to my solicitor for that" While ihes
jury was being completed 0'DonLeI
seemed amused and exchanged greetings
with Pryor. None Of the iurymen were
challenged. SOS
THE CASE OPENED. "e
Henry James opened the case for the
government. He described Carey's de
parture from England and voyage TO Cape
Town, and said there was no evidence to
prove that the prisoner embarked on the
steamer Kingiauns Castle to kill Carey, but
the new witness Cubitt would testify thst
at Cape Town he gave the prisoner, at his
urgent request, q rough hasketch Of Carey,
and that the prisoner remarked upon re-
ceiving Il, "I'll shoot him."
The Attorney General repeated the de-
tails OF the murder OF Carey and pressed
upon the jury that the act was not COM
mitted in self.defense, but was wilfull
and premeditated murder. He enjoined
the Jury to not allow and feeling sgainst
Carey TO prejudice them in their considera-
ton Of the case.
O'Donnell listened closely to the address
OF the Attorney General. He has been al
lowed the use OF tobacco, which he chews
freely in the dock.
James Parish, stewart Of the steamer
Melrose Castle, repeated the evidence
given at the preliminary examination. Two
plans OF the cabin Of the Melrose Castle
were shown, one prepared by the prosecu-
ton and the other by the defense. Witness
declared the one offered by the defense 10
be incorrect, and the judge rejected It.
Mr.. Russell cross.examined the witness.
He insisted that the witness was sitting
down when he fired the shots at Carey,
who stood leaning against the corner Of
the cabin, two yards away. Carey might
easily have reacsed 0'Donnell, but he
made no gesture to seize him. Witness saw
no pistol other than 0'Donnell's. he did
not see young Carey go to his fathers berth,
and only knew by hearsay that his fathers
pistol was found upon the boy.
YOUNG CAREY IN TIE WITNESS BOX.
There was dead ailence when Thomas
Carey, son Of James Carey, stepped into
the witness box. he gave his evidence
promptly and coely, but sometimes Was
told 10 speak more distinctly. Occasionally
he would consider the question well before
replying, and when he Jailed to understand
the inquiry he would shake his head. The
Judge questioned him In regard to his
fathers position when he was shot, and
was assiduous in making notes Of young
Ceray's evidence. When the bag and
revolver Of James Carey were placed in
the hands Of the witness for identification,
he weighed the weapon and looked down
the barrel. 0'Donnell scrutinized young,
Carey narrowly when he said he was not
positive whether 0 'Donn0ll, after the shoot,
ing, said shake hands Mrs. Carey, was
sent to do it," or ~ had to do. It." He
further testified: went for fathers re-
volver and kept 1t In my pocket because
father was unable 10 use It. Young Carey,
was ordered to remain in the court room.
Reassembling, young Oarey's direct eyi-
dence was resumed aud was about the
same as given OF the preliminary examina.
tlon. The witness was severely croas.
questioned concerning the Inconsistencies
Of his present evidence with that given at
Bow street. The examination was all di-
rected toward testing the truthfulness Of the
minor details OF his story for the purpose
OF affording means OF judging OF The cred
liability OF the main facts. The frequency
with which the witness conLradlcted him-
self caused much amusement In Court and
the spectators appeared to be amused at his
unabashed demeanor and etltontery.
MRS. CAREY APPEARs.
Mrs. Carey appeared as witness. She
was dressed in deep mourning and spoke
in a subdued voice. She repeated the,
testimony she gave at the preliminary tx
animation, and reiterated that 0Donnell
exclaimed "he was sent to do it.n Gross ex-
amined, Mrs. Carey developed nothing
new. Marks testified that he was sitting !
in the open hatchway, and saw o 'Donnell'
and Carey below. The former was very
Quiet, but Carey was talking excitedly, as
II laying down the law. Soon after this he
heard ahot andsaw 0'DoRnell's hand go
down and then up 10 fire second shot.
He saw no Indications Of violence on the
part Of Carey. He heard o'Donnell tell
Mre, Carey he could not help II.
Robert Thomas Cubitt, a passenger on 7,
the steamer KinRiaun Castle, was unaware
that "Power' was James Carey until they
arrived at Cape Town. He was there I
shown supplement OF Dublin weekly,
which contained portrait oi Carey and the
accounts Of bis connection with the Irish
Inyincibles. He recognized the portrait as
that OF "Power.@ He showed the portrait
TO O'Donnell who remarked, "he would
shoot him." o'Donnell asked for and wit
ness gave him the portrait. Ga cross ex-
animation Cubltt said, "When 0'Donnell J
remarked "I'll shoot him." he spoke in nm
unpleasant manner. Witness attached no
importance TO the remark.
APoLITIcAI TURN. II
Inspector Cherry identified the portrait
Of Carey as that found in o'Donnell's
trunk and also the newspaper cutting
headed "Irish Revolutionists in America.4
A legal discussion arose regarding the nd.
mission OF the newspaper cutting as evil
dence. Sullivan said the introduction
would import o political element into the
trial. Judge Dsnman thought II would be
dangerous. Attorney General James would
not press the matter. Police Superinten-
dent den Mallon, oi Dublin, identified Csrey's
pistol as the one be gave him when he
left Dublin. He said Carey was very ex.
citable, desperate and utterly regardless Of
human lie. The prosecutor closed and
court adjourned. 0'Donnell was calm and
composed throughout the day. Roger a..
Pryor frequently consulted and mtde sew
eral susgestiops 10 the prisoners counsel.
The entire proceedings were free from exs
element