EVIDENCE FOR THE DEFENCE.

Colonist, Volume LXII, Issue 15242, 2 December 1919, Page 5

EVIDENCE FOR THE DEFENCE.

THE HOTEL CONVERSATION

TESTIMONY TO ACCUSED'S LOYALTY.

(Australian and N."z. V.Mo Association) (Received Dec. 1, 5.5 p.m.) London, Nov. 2/. Lord Kenmare gave evidence that lie met O'Donnell on his domain at Killarnev on October 10th. Accused referred to his work for conscription m Australia, and. stated that he was a personal friend of Mr Hughes. O Donnell was perfectly sober. Marsh, a commercial traveller, wrio is "slightly deaf, gave evidence that he met O'Donnell "at the hotel a.nd conversed With-him at dinner. O'Donnell deplored the condition of the Clanricarde estate, in Galway, compared with fourteen years ago, and said that Lord Clanricarde and his,class, were no use' o tais or .any country/ Referring to the railway strike, he said Mr Lloyd George e-ot a' lot of credit for the settlement, ljut he knew that King George and not Lloyd George deserved the credit.

CABLK KCffiWH.

lPeess Association.—Coptbight.j

On Mr Marsh referring to the Aus- ! fcrahans, accused said: "We came to light for Australia, the Empire, and ail the small nations on earth. It vvould have been a bad day for Australia if Germany had won, as she would have done if it had not been for Au*uraha. Lieutenant Chambers at this PO- 11? interrupted O'Donnell, who replied, "Get away, and mind your own damned business." Captain Clarke said bins was not a political house. Witness said he did not remember O'Donnell's reply. O'Donnell said to him, "What a?T-? ou thmk of that impertinent brat?" Witness said, "lam surprised you did not strike him." Witness returned later and did not see O'Donnell again until to-day. Marsh denied that O'Donnell said that satellites of King George were failing their pockets, etc., or that their Majesties were unpopular in this or any country, or that he hoped the strike would be the commencement of a revolution, etc. O'Donnell was quite sober and calm.

Cross-examined, witness said he recalled the conversation when ho heard that O'Donnell had been arrested, but he Avas surprised to learn that the arrest was in connection with the conversation, of which he heard every word. 0 Donnell, in evidence, stated that he joined the force in 1917 after earlier rejection on medical grounds. He took a keen interest in the war from the outbreak, and participated in all pa* trio tic movements.- He was chairman of several committees for raising money, and he supported conscription when he heard from Mr Hughes of the urgency of the situation. Accused produced Australian newspapers with references to his work. He said he always joined in the National Anthem, even in church. During the Prince of Wales' visit to France he had the honour of proposing his toast, and he chatted with the Prince about Australia. He attended Sir William Birdwood's farewell dinner. He added: "I think we Australians have a good deal of cheek, and I asked the Prince to signmy dinner card and he complied." Witness said lie did not pretend to be a teetotaller. Ho had a small glass of wine at three o'clock in the afternoon on October 10th, and walked to Kenmare. He afterwards returned to the hotel. He conversed with Marsh across the table. He indignantly denied that lie used the words alleged. He recalled the conversaton as outlined by Marsh. He intended his reference to the King regarding settling the strike as a: compliment for warding off what might have been a terrible disaster. O'Donnell denied that he mentioned Sinn Fein or its growth in Australia. He admitted that he told Chambers to mind his own business. He did not remember saying "damned business," but he might have said it. The president suppressed laughter, and threatened to clear the court if it were repeated.

Accused described the barracks where he was imprisoned as dirty. The blankets smelt badly and were unusable, and there was no fire, despite the cold. The authorities refused to send to his. hotel for his. bag containing medicine, and refused him communication with his friends. Sentries with fixed bayonets were outside the door of his room.

Sir Archibald Bodkin closely cross*- j examined O'Donnell with reference to the alleged seditious statements. Accused said he had been an • Irish Nationalist ever since he could think. He did not believe in complete independence, and did not agree with the j i sentiments which the prosecution al-i leged lie had expressed. I Replying to the president, he said !he was never under the influence of liquor in his life. Several witnesses gave evidence with regard to O'Donnell's loyalty, including Mr Lucas, Acting-Agent-General for Tasmania, who said O'Donnell resigned his charge and placed liis services at the disposal of the Commonwealth as a soldier, and assisted with the conscription campaign. He was loyal in every respect. Lady McCall described him as a thoroughly loyal son of the Empire. Lieutenant Marriott, an Australian who lost his sight in the war, said he believed O'Donneii got more recruits than any clergyman of any denomination.