Show DOUM DOOM A second account of the trial and conviction of informer slayer arguments by the counsel counsell charge by the judge and ana verdict by the judge by western ABS asad d press to the berald LODO dec i 1 russell said lint that alth although nugh no witness saw the pistol in n carels careys hand shand yet it was N as quite likely that a pistol i astol baa was drawn but owing to the uncertain light in the cabin cabi 1 an ami it tile excitement of the moment I 1 it was as unobserved iio ile submitted that the boy bo larey carey picked up mho ver er when the father fill fell and kept it for the tile purpose of concealing it in in order to make it appear that odonnell ell committed an unprovoked murder russell after insisting upon the credibility of the testimony of Young the cab driver made mado an eloquent appeal to the jury for an unprejudiced and calm consideration of llie the case it they were drawn irresistibly to alie conclusion that the prisoner was cuilty i ailt they would convict him film but if they the felt there were important parts of the lie evidence which crumbled when they attempted to stand upon them alien hatco cr suspicions uns they might have they would give the tile prisoner the benent benefit of the doubt it was better thata guilty person should sometimes escalo punishment than an all inno innocent vent one perchance should buffer suffer russel spoke four hours and upon concluding was loudly applaud e ed by the crowd the tile judge instantly repressed rc tile applause attorney attorney general james closed the tile case fo for r n the e government gov eminent lie said bo mui li had been baid to blacken blit ken ca reys character ch arater that the people might believe it was righetto right to kill him the jury ry had bad nothing to do with this the ra t 9 question for them to consider was did the prisoner wilfully murder him bini the sworn facts left no doubt as to that the prisoner never pleaded self defense until ho lie saw his solicitor solid tor at Port elizabeth and there hero was no tittle of evidence to support the theory of a struggle or quarrel ane 1 no prisoners counsel had told the ju jury a story odonnell had told somebody else e re it was a theory unsupported by v the evidence iho the attorney general denied that odonnell had shunned carey lit he invited him to drink shortly before ho lie shot him the tile woman worn in with odonnell on oil the steamer knew all about the tile shooting it was strange elic was not called as a if she was ODon nells wife she could not testify if sho she was his mistress why were nvere the prisoners prisoner Is counsel afraid to call lier her sullivan for the counsel of odonnell objected to the tile remarks of tho tile attorney general and said lid the tile woman alluded to in in the evidence was mrs odonnell and tile attorney general had no right to throw suspicion cion upon her judge denman slid said ho he considered the attorney generals remarks unfair the attorney general continued aina baying it vas evident that site was not called because she could only corroborate the other witnesses at port elizabeth odonnell had stated before a magistrate that h the p stol from carels hand if so ho lie no longer in danger of ins his life why did he lie fire how flow did lid young carev get the pistol which 0 donnell odonnell had snatched from his father that was BO so absurd that another one was made for the prisoner toda day inconsistent with the merand for equally incredible it would compel the tile jury to believe that young cirey carey was guilt of perjury and wasco was areco cious as to conceal the pistol in order to fasten the arinie crime upon the prisoner tho tile attorney general said he lie thought mrs ODon nells remark lever never mind odonnell ODo nuell you aro are no informer showed what really happened lic d she saw odonnell shoot varland caroy and thought that crime crime was nothing compared with the offense of being an informer the whole theory of self defenso said the attorney general was untenable llie file prisoner shot Carey deliberately and openly and says ho lie believed it to bo be a praise wortlie act and wished to 1 I 1 all 11 the notoriety that would at attain t at l 1 t to 0 I 1 it t history was full of instances of men seeking such glor jurylo knew would bo be superior to any bias bla 3 and pronounce unco upon the facts odthe of alie case iho rho attorney general occupied an hour and a half iho tile judge then delivered ins his 1 charge I large to alio jury lie ile aid said the evidence was compact iho the question simply was was tho the killing donkin self defence defense the jury mut dovido tile ease case re regardless ardless ar diess of w hat they the may may have read in ili newspapers winch which ho lio thought particularly responsible for t he shooting of caire on account of or their morbid a id ids ans risa iti ional nil para him the judge it in reviewing tile lc evidence said lie i found the els agreed e ed with nith each other that up ill 10 the moment of 1 I 1 he shooting 0 donnell odonnell and caroy carey had bad beamed to befriend bo friendly Iv asto As to ODon nella nells words to mrs tarcy carey under lie the circumstances the tile judge thought the jury should adopt the v vereion e hobt to the tile ariso li e r it was plain tint that odonnell did not say 1 I am orry forry f but I 1 had to do it lie attacked tins tilt first the bov boy carey who was astute overal arp deeply interested in tho the result and anti likely to E the truth contra dietes dieted himself and anther witnesses his ilia statement should bo be narrowly watched and not t bo be relied on oil dunles unac s corroborated The absence of tile wo man called but not proven to lobe be M mrs rs 0 donnell odonnell was as of great significance and open to comments athe Coun counrel sel bel especially as sho came from the cape will one witness ODon nells threat to shoot carev was as importance in view of ahe fact that lie killed cadov the next day tile blidge and c aring ran tu me tl e testimony of corbitt said the alv ing of a portrait and sketches of carey to odonnell was a dangerous proceeding and one likely to make him think the killi killing tig of such fauch an timons person was waa no crime tile foundations of society would be sa sapped aped if it waa that tlc alc lire of an mons fe reri r aall might inight be excusably taken the S judge said ODon nells statement that lie snatched llie the pistol from carens handia true would not justify his acquittal tal or a verdict of manslaughter for or odonnell wag was then no longer ir in danger of his life and had nc no excuse for shooting carey three timea t tho judge then defined th the terms of murder and manslaughter if the jury were satisfied that self defense was ivas proven they should ac quit tho the prisoner if they thought the prisoner suffered sulT ered real provocation they should find for manslaughter if however they were convinced the deed waa not committed in self de bense or under grave provocation then hey they must pronounce him guilty of willful murder upon completion of the judges t harge barge tho the jarv at 7 p ni retired to deliberate when the jury first retired odonnell a stood tood up tip in dock and looked about with great composure the jury first returned to ask whether if a man had a deadly weapon in his hand and adoth er thought he lie was gibout to use it against him film and shot the file former it would bo be manslaughter tater or murder the judge aepli replied ed it would be neith neither r autho but lio asked where thero there was evidence of an any net act done by carey which induced odonnell donnell to think carey meant to shoot him when the jury had retired sullivan express expressed doubt whether the judge had not given fa a wrong direction to the minds of the jury by the au ue estion stion judge denman asked sul livan van if ho lie could su suggest gast where such evidence was when the jury cretu returned arned the second ime time they asked the judge the tile mean ing ng of malice aforethought tho tile judge carefully defined the law of bearing upon that point as applied to tile present I 1 1 resent case cac quoting authorities in support of his ilia definition and application the tile J jury dry again retired and returned again in ili four minutes with a verdict of willful murder when jude denman asked odonnell if he lie had any thing to say why tho sentence of death should not be passed upon him hill ile 10 made mado no reply the judge then passed the 0 death sentence inthe in alie us usual form th alie e prisoner now wanted to speak the judge however ordered his removal the rho police seized him when w lien odonnell hold ill up his right hand the fingers extended and shouted three cheers for old ireland go bood od b bye 0 united states to hell bell with t the ti e british and british crown its a plot made up tip by tile crown the prisoner prisoner iri shouting cursing and struggling was forcibly removed by tho the police amid the most fearful confusion aid slamming of doors this action of odonnell caused the greatest excitement cit ement and anti surprise as he be had previously pained gained tho the sympathy sym of tile audience by bisgood liis good behavior be cavior LONDON x dec 2 rho observer el re ferrin arring to the treal and condemnation of odonnell says 1 xo exception can call be taken or made 11 ic to the trial the ability of the defense or tile finding of the jui jury y N no 0 o other result could have lave been expected seldom lias has a moro more righteous oua judgment been passed assad LON LONDON DO X 1 DC 2 1 0 on 1 1 1 leaving e 1119 tile dock lock last ill 3 I 1 odonnell guarded by y a strong escort walked with a firm step to the cell for the he condemned prisoners arli oncas lie ile was inte intently nely exel excite ted but maintained an all air of der defiance tance and contin continued ucil to anathematize E england and the eng lh people and uva aws on oil reaching ll 11 ila Is cell 0 donnell by a strong effort tallied gained ills his habitual composure the catholic chaplain of the tile prison soon visited d the pr prisoner ioner and rellia remained luell closet closeted etl with avith him a long time the visit had a soothing eill eat on oil the prisoner after a refreshing nights sleep odon biell ate a hearty breakfast break fist and anti conversed freely with the wardens duran during sunday he ile expressed no kuppr se at the verdict although lie confessed cirei him with a hope he lie might escape tho tile extreme penalty of the law lie highly praised mr russells able de defense rense llo mill maintains ho lie is in louvent of murder all day sunday odonnell displayed extreme indifference and oven bore a J jaunty am nty air lie ile doea not scorn seem to despair of a respite lie fays his friends ic outside will move lit haaven aven and earth to obtain his release father fleming revisited tho prisoner a on sunday and remained a along 1 time he lie hay save a odonnell is in goo good 11 spirits brits and prepared for the worst T the he rIl ivr of odonnell will visit isit him Monday de despite rumors to alio contrary coni the prisoner will 1 probably reliably remain where he lie will be ila linuard linua need ed I 1 pro bibly dec lath amplo ample I 1 re caution has hern been t aken to prevent llie the repeat two wardens remain with nith odonnell night and day and are tho the safe keepin ff prisoner tin tile result Donnells trial was overly awaited by tho the irish circles in london where it was generally ene rally expected d the verdict would to bo man filani manulita litch r sumo sume league brandies branches resol resolved ved t form com to mem ment nw sir irVer varnon uon harcourt homo home secretary tary it conin into tho tile sentence it probable the attempt will ha be made to bring a pressure suro alwn tho united states government in to intervene for 1 1 commutation ot of 3 all the newspapers endors pi idora the verdict in tho tile case of 11 |