THE MURDER OF THE INFORMER CAREY.

Daily Telegraph (Napier), Issue 3850, 19 November 1883, Page 4

THE MURDER OF THE INFORMER CAREY.

Trial of O'Donnell. London, September 25. O'Donnell aviis brought to the Boavstroet Police Court at 2 o'clock this afternoon. Tho Court-room Avas filled, and a large croYvd collected outside. Special precautions Avero taken by the police to prevent any attempt at rescue. Poland opened the caso for the Crown. He recounted the passage on tho steamer of tho Carey family and "O'Donnell, ancl repeated tho details of the murder. Poland said that O'DonncU's assertion YY'hcn arrested that he acted in self-defence would be contradicted by the testimony of Carey's eldest eon, avlio yvouUl sYvear that his father had no pistol. SulliY'ttn, member of Parliament, counsel for O'Donnell, complained to tho Court that his solicitor had been refused access to tho prisoner. Flowers, the Magistrate, nlloYved the prisoner to retire and consult with the solicitor.

James Parish, servant on the steamer Melrose, on Avhich the crime aviis committed, and Thomas Jones, boatsYvain, eye-wit-nesses of tho murder, repeated the testiinoney they gave before the Court at Capo Town. The bullet found upon the floor of the cabin of tho steamer and the pistol taken from O'Donnell Avere produced and identified. Jones swore that O'DoiineH's words to Mrs Carey, after shooting her husband, AY-ere: — "Shake hands, Airs Carey ; I aviis sent out to do it.'

Carey's son testified that after Avitnessing O'Donnell shoot his father, lie ran to the hitter's berth and obtained his rcY'olver, but had not time to give it to him before one of tho officers of tho steamer took it from him. He said ho hoard O'Donnell tell his mother that ho (O'Donnell) aviis sent to do it. O'DonncU's revolver bore the name of its manufacturer in Noyv Haven, Conn.

Tho captain of tho Melrose testified te finding an electric machine in the steamer's luggage. The machine, he said, yviis throYvn overboard.

Mrs Carey, the next Avitnoss, avus unable to give testimony to-day, OYving to fatigue.

Tho statement of tho son of Carey that O'Donnell said he yviis sent to do it, created a sensation in the court-room.

John Marvin, Inspector of tho Port Elizabeth police, also tcstifieel. Ho said an extract from a paper Avas found in O'DoniioU's botf, headed "Irish Revolutionists iv America." A supplement of the AVeekly Freeman's Journal of Dublin, containing a portrait of Carey, and a certificate showing- that O'Donnell was an American citizen, Avero also found.

Poland agreed that every facility should bo given to the prisoner's solicitor during the trial. Tho examination aviis adjourned until Friday.

O'Donnell aviis conveyed from the Court house te NcAVgatc Prison instead of the Millbank, owing to instructions given at tbe last trial. An extra police force aviis stationed at Newgate. O'Donnell, on leaving tho Court-house and entering tho prison vans raised his hat to the crowd of his sympathisers, who clapped their hands and cheered.

Neav York, September 27. — A Star cablegram from London of September 20 says:—A trusty messenger from Capo Toavu to-day handed Mr Sullivan, member of Parliament chief counsel for O'Donnell, a number of documents of great importance to [the defence. Among these papers are tho affidavits|of se\'cral reputable residents of Cujie Town, to tho eifoefc that Carey while there Avas drunk, disorderly, and very quarrelsome. Thero arc also included in theso documents statements made upon Oath tending to slioyv that the shooting aviis not premeditated, and aviis tho result of a, quarrel, provoked by Carey. O'Donnell complains bitterly of his treatment at the hands of the officials since his arriA'til hero, and accuses them of hampering his defence in every possible Yvay. London, September 28.—O'Donnell, tho murderor of Carey, aviis tins morning brought up before Magistrate FleiYvers in the BoAv-street Court, Avhen the examination was resumed. O'Donnell Avas brought to Court under a strong guard. Tho courtroom aviis crowded. Among those present were J. G. McCoan, member of Parliament for WickloYV, and ArthurO'Connor, member for Parliament for Queen's county.

Sullivan, counsel for O'Donnell, crossexamined Jamos Parish, servant on the steamer Melrose, and Thomas Jones, the boatswain, but elicited from thorn nothing noYV. AVhen (ho latter repeated O'DonncU's expression te Mrs Carey, " I did not do it," the prisoner, who had maintained a cool demeanor throughout the examination, mailed, as if tho expression amused him. Parish testified that he siiav no evidence of passion on the part of O'Donnell during the shooting. Both Parish and Boatswain Jones testified that they stuv no struggle bctYveen O'Donnell and Caroy. Tho son of Caroy aviis cross-examined, and stated that O'Donnell was sitting Avhen he fired the first shot at his father, and that his father did not grapple with O'Donnell. Ho admitted that ho might luiY'C testified, Avhon under examination" at Cape Toavii, that O'Donnell said to Mrs Caroy, "I had to do it," or " I eliel not do it." Tho Avitnoss maintained, hoAvever, that his statement of Tuesday Avas correct, namely, that O'Donnell used the Avoids, " I was sent to do it," until ho avus closely pressed by his cross-examiner, Avhen he said ho yviis not eptito clear Avhat Avoro the words really used by O'Donnell. Jfrs Carey, AvidoAV of tho murdered in-

former, was called to tho stand. She appeared in deep mourning and excited the special interest of tho spectators, and several murmurs of sympathy were hoard. In giving her testimony she recounted the incidents of the voyage, corroborating tho other Avitnessos in regard to tho circumstances of the murder, except she swore that after her husband was shot she said to O'Donnell, "You shot my husband," ancl O'Donuell replied, "Don't blame me; I avus sent to do it: " Avhoreupon the Avoman who Avas Avith him, said: "Don't mind, O'Donnell; you aro no informer." Tho cross-examination of Mrs Carey by Sullivan failed to shake her testimony. She denied that she had talked to her son about his evidence.

Magistrate Flowers asked O'Donnell if ho had anything to say in answer to the charge of murdering Care}'. Ho replied, " Not at present." Tho prisoner avus then ordered to stand committed for trial at the next session of the Criminal Court.

Dublin, September 28.—The Nation accuses the British Government and American Legation in London of unfair play towards O'Donnell, in tho hope that he may implicate friends of Parnelliu the conspiracy to murder Carey, the informer. London, October 4.—O'Donnell, the slayer of Carey, it is said, has made a statement emphatically denying' that he avus sent to murder Carey. Ho says he and Carey Avere sitting together in the cabin. Carey began to fasten a quarrel upon him, Avb'-'ii O'Donnell remarked about the rumour that Power, by Avhich name Carey shipped, avus Carey, Avlicreupon ho and Carey started up Avith pistols drawn. O'Donnell grasped Carey's collar with his left hand, but being paralysed, lost his grasp. Carey then crushed him clown against the end of the table, putting his pistol in O'Donncll'sface. O'Donnell grabbed the pistol and fired his own, Carey's Aveapon falling on the floor six feet away. Carey ran to and partly stooped to pick it up, Avhen O'Donnell fired again, not deliberately, but to save his oavu life- According to O'DonncU's statement, the story of Carey's sou that ho took his father's pistol from a bag after the shooting is untrue. lie took it off the floor.

Sullivan, counsel for O'Donnell, gave the following summary of O'DonncU's defence :

-—Till the day after lie reached Cape Town O'Donnell says ho never for a moment suspected the man Power fo be Carey. Seeing him to be an Irishman, like himself, he chummed with him und avus kind to the children because they seemed to be in misery. He aviis further uttruoted to Carey by his occasional mood)", mysterious manner, ancl thought ho wa.s possibly a political outcast escaping. Tho day after they left tho Cape it was rumoured Carey was aboard. O'Donnell was horrified by the; idea that ho had boon giving his hand to and chumming with such a villain, and he- lay awake all night moaning and groaning al tho thought. He had plenty of opportunities for throYving Carey overboard on the Avay out had ho suspected his identity. In order to tinny Carey out, contrary to his usual habits, ho drank freely next morning (Sunday) Yvtth

The informer, suspecting something, changed his manner to O'Donnell, and in going into thosaloon for boor said : " AVhat havo you done Avith your pistol, O'Donnell r It made me nervous Yvhon you tired at those flying fish." O'Donnell replied, lying: "I sold it. But Avhy arc you afraid h Only a man avlio had something on his conscience would bo afraid of that," or Avords to that effect. Meanwhile Airs O'Donnell, not Avishing to be flragged into the row, had loft them. Carey took a hectoring tone, und as some of the mon Avho had been previously sitting sprang to their feet, ho said: "O'Donnell, avo aro both ready logo off half-cocked," and grappled O'Donnell. O'Donnell took Carey's collar by his left and paralysed hand. Carey and he then each put their hands in their pockets and clrcYV out a pistol, and O'Donnell, saying, "I caino from a part-of America Yvhere people don't Yvait to inquire into a man's intentions Avhen his pistol is against your head," fired with his right hand. Carey's revoKer Avent off and dropped on the floor. Its OAvner staggered forward, stooping to pick up his Aveapon. Seeing this, O'Donnell fired again. Tom Carey then picked up bis father's pistol. Sullivan is hopeful of convicting Tom Carey of perjury on this point and in regard to the utterance of O'Donnell after shooting.

Roger A. Pryon, tho American counsel retained for the defence, expresses himself satisfied that the pica of self-defence can be established.

London, October 15.—Tho Recorder of the Central Criminal Court, charging the Grand Jury in regard to the case of O'Donnell, said the prosecution claimed that the prisoner committed a deliberate murder of the Avorst kind, because his victim aviis a man Avho had aided tho law anel who avus under tho protection of the Crown, and was killed out of revenue. Ho pointed out the conflict iv the evidence in regard to O'DonncU's exclamation te Mrs Carey after he had shot her husband. The Recorder said it Avould be the sworn duty of the jury to return a true bill for murder against O'Donnell. A motion to postpone the trial Avill be beard on AVednesday.

The witnesses for O'Donnell, now at Cape Town, leave immediately for England. The trial opens on Thursday. It is thought the GoYx-rnmont AA'ill not seriously oppose a postponement.