The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-12-05

hin but Il they felt there were Important parts OF
evidence which crumbled when they attempted to
stand upon them. then whatever suspicious they
benefit OF doubt Il was better a
guilty. person should sometimes escape
punishment than that an innocent one perchance
should suffer Russell spoke four hoars. and mon
the conclusion was loudly applauded by the
crowd The Judge steruly repressed the applause
Attorney General James closed the case for the
Government He said so much had been said to
oiacken Carey's name that the people might be
ing 70 do with this The question for them 10
consider was. ibid the prisoner willfuliy murder
him. Thesworn facts left no doubt as to that
saw his solicitor at Port Elizabeth. and there was
no title OF evidence 10 support the story ofa
told the Jury the story which O'Donneli had told
somebody else. Il wac q theory unsupported by
evidence. The Attorney General denied that
to drink shortly before he shot him. The woman
with ODonnell In the steamer knew all about the
s ss witness strange she was not called
wife she could not testify. II she his mistress
why were the prisoners counsel afraid to call
sullivan. of counsel for oDonnelI. objected to
the remarks OF the Attorney General, and said the
Mrs o. Donneli. aud the Attorney General had no
right 20 throw suspicion upon her.
Judge Denman said he considered the Attorney
Generals remarks quite fair.
The Attorney General continued. saying il was
evident that she was not called because she could
only cOrrODOfate the other witnesses. At Port
Elizabeth. O'Donnell lated before the Magistrate
that he suatched tue pistol from Carey's hand
II so. be was no longer. in danger of
get the pistol witch ODonneli had snatched
from his father. That statement absurd
that another one was made for the prisoner to-day
inconsistent with the former and equally incredi-
BILE. 1t would compel the Jury to believe young
Carey was guilty of perjury and was ~ precocious
as 10 conceal pistol in order TO fasten the crime
The Judge then delivered his charge to the Jury.
which at u. IN. retired. At 7:40 they returned
and requested some further explanations. After
receiving instructions, the Jury retired but agaiu
returned and asked explanations. These
given. and they again retired
When the Jury first retired OD0auell stood up
In the dock and looked about with great CON-
posure The Jury first returned to ask II the man
thought he was about 10 use IL against him and
shot. If the former would IL be granddaughter or
murder? The Judge replied it would be neither
but he asked where was the evidence of any act
done by Carey which induced O'Donnell TO think
Carey meant TO shoot him?
When the Jury had retired Sullivan expressed
doubt whether the Judge had not given a wrong
direction 10 the minds OF the Jury By the question.
Judge Denman asked Sullivan il he could suggest
where such evidence was. When the Jury
turned the second time they asked the Judge the
meaning "of malice afore thought" The Judge
carefully defined the law OF murder bearing upon
that point applied to the present case, quoting
authorities in support OF his dednition and APP
The Jury again retired, and returned in four min
utes with verdict of wilful murder.
hDen Judge Denmau asked " DOnnell II ne nad
anything 70 say why sentence Of death should not
be passed upon him, ODonnell made no reply.
The Judge then passed sentence of death In the
usual form The prisoner now wanted to speak.
The Judge. however, ordered his removal The
police seized him, when 0'Donnell held up his
Three cheers for old Ireland Good bye United
States To hell with the British and the British
Crown! It's q plot made up Dy the Crown" The
prisoner, shouting, cursing and struggling. was
forcioly removed by the police. amid the most
fearful confusion and slamming of doors, This
action of O'Donnel caused the greatest excitement
and surprise. he had previously gained the sym
patty OF the audience by good behavior