THE TRIAL OF O'DONNELL.

Daily Telegraph (Napier), Issue 3793, 11 September 1883, Page 4

THE TRIAL OF O'DONNELL.

From a special edition of the "Capo Argus," which arrived by the Orient, we extract the following particulars relative to the trial of O'Dcmnell, the assassinator of Carey. When O'Donnell was brought before the Magistrate at Port Elizabeth it was rumored that the woman who was with the deceased woidd come forward to prove that his name was Carey. The Court was crowded, and the greatest excitement provailed. Captain Rose, of the Mclrose, after giving evidence of incidents prior to the murder, stated that on Sunday, July 29, he was informed by the cook that murder was being committed. On rushing forward he found the prisoner sitting on one of the settees, Mrs O'Donnell having her arm around him. Carey was .still breathing, though blood was flowing freely from a wound in his neck. The prisoner made a slight resistance when being separated from his wife. The witness , then described the electric machine which lie found in tho prisoner's luggage. Mr O'Brien, counsel for the prisoner, said that his client's right hand was paralysed, and that the box contained a galvanic battery. In cross-exa-mination the witness snifl'tliat lie never saw a battery like the one in the prisoner's luggage, lie admitted, however, that lie had never seen batteries which were used for

paralysis. Several other witnesses detailed tho circumstances under which the outrage was perpetrated. Mrs Carey, who was accommodated with a chair, deposed: My name i.s Margaret Carey. I am the wife of the deceased, whoso name was James Carey. We came out in the Kinfauns Castle, and shipped in London, under the name of Power, for Natal. I have .seven children, my eldest son being fifteen years of age. I know the prisoncrO'Donnell, who came from London in the same boat with us.

And you became friendly ?—We used to speak to each other. You landed in Cape Town f —Yes. Did O'Donnell go with you ?—Yes. He said first he would remain in Cape Town, but then he said he had changed his mind, and would go along with my husband. What made you come on board under the name of Power ?—I was not aware of it until the boy told me it was tho name on the box.

Was your husband tho man who gave the evidence in tho Irish trials ? —Yes. I left London my myself, and my husband met mo at Dartmouth.

Had you ever seen O'Donnell before?— No, sir. Don't you remember at dinner one day something turning up about tho trials?—• No ; wo were steerage, and O'Donncll was second-class.

Didn't you leave England and assume the name of Power to avoid identification ?—I don't know what names were put on the luggage. Who put tho name Power on the boxes? — Worinington, a detective, in Dublin.

Then they -wore put on to avoid detection ?—Yes.

And why didn't you say so? —My husband was first taken to London, and then I followed him.

Who paid your passage money ?—I don't know. Witness went on to say that she recollected last Sunday, when she saw her husband running towards her, saying: " Maggie, I am shot, and O'Donnell shot mo." Witness asked prisoner who shot him, and prisoner replied : "I shot him: I was sent to do it."

"His Worship. Be cautious now. Witness: I will. Prisoner said : "Your name is not Power; it is Carey." Mrs O'Donnell said to her husband : " You are no informer, O'Donncll." Witness did not shake hands with O'Donnell. The prisoner was sitting on the settee. O'Donnell during tho day had asked witness, previous to the murder, where her husband was, when she replied " On deck," when prisoner (-aid "Gallium down." Witness did so, and the prisoner ".stood" a bottle of beer. O'DonneH's wife was crying, and on witness asking what was the matter, the prisoner replied: " She is home sick, and I don't know what i.s the matter." The prisoner had told witness that lie Imd sold his revolver at Cape Town for £:} 10s. Had your husband a revolver ?—-Yes. I know he had one. It was given to him when ho was coming away from London. No, I think Dublin, but I have never seen it.

.By Mr O'Brien: When did you sec O'Donnell first ? —1 never saw him till on board the steamer. Ho and my husband used to play dice on deck. The passage out took twenty-one days, and during that time he and my husband were on the best of terms, and if he had wished to injure him he had plenty of opportunity of doing so. They were often together.

You never heard a cross word between them, or threats?— Never. They were confidential and very friendly after leaving Capo Town. I next saw O'Donnell on tho Sunday. Tho deceased and prisoner had been ashore together in Cape Town. I did not go O7i deck until I was called irp by my husband to see a steamer passing. O'Donncll asked me where Kelly had gone. Kelly was a young man who came from Woxford, and I said my husband told mo that he had left tho ship in Capo Town. O'Donnell was jealous of Kelly, as ho had been too attentive to his wife on the Sunday afternoon. I left deceased and O'Donnell together. Deceased was standing, and O'Donnoll and his wife wore sitting on tho eettee together. I did not see the first shot fired, but I heard the third. I did not hear any strong words pass between them. I never heard my husband threaten to shoot O'Donnell. Afterwards I fainted, and was put in my cabin. I don't know to whom the revolver produced belongs.

Tho Magistrate : What are you going to Natal for ?—I don't know.

Arc you going into business ? Had you no money ? —None at all.

Have you no money in the bank ?—None. Do you mean to say that you are penniless P—We had no money.

Has lie 310 onions or letters of credit?— No. Tlio boxes arc open, and can bo searched, but I am sure lie had no money. What wore you to do at Natal ? Just step ashore and expect to get supported with a family of seven children ?—He would havo looked for employment. Did O'Donneil toll you what he was going to do at Natal ?—No. What are you going to do now ?—I don't know, sir. Tho Magistrate: Oh ! I suppose someone ■will receive you. Mrs Carey, who had conducted herself in a most becoming manner, and for whom evident sympathy was manifested in Court, having signed her depositions, left the Court. Thomas Francis Carey, an intelligentlooking , lad, said : I am fifteen years of ago. When my father was shot I was on tho stairs leading to tho second-class saloon. I saw my father standing near one of the cabins on the starboard side. He was smiling and talking with O'Donneil. I saw Mr O'Donneil draw a revolver from his inside pocket. I saw him fire one shot at my father; the bullet struck him in the neck, and my father staggered towards his berth, where my mother was. I cairt say whether the prisoner .stood up, but Jsaw liim fire a second shot. Just at this time my mother ran out; my father ran into my mother's arms, arid ho cried out "Maggie, Maggie, I am shot. M'Donald has shot inc. We used to call O'Donneil M'Donald on board ship. My mother was holding my father when tho third shot was fired. I was standing , near the berths ;it tho time. The second officer, I believe it was, rushed at O'Donnell, and tho captain gave orders for his arrest. After tho third shot my mother walked over to O'Donnell, who put out his hand and .said ho didn't do it, or ho had to do it. Mrs O'Donnell said <• No mutter, O'Donnell, you are no in-

former." I wont and fetched my father's revolver, bceau.se I thought he might want it to defend himself. lie got the revolver in Dublin. My mother had some money, and a cheque for £100, which I took from my father's pocket. It was drawn on the South African Bank of Natal.

By Mr O'Brien ; I found the cheque this morning. I can read writing ; the cheque was for £100, not £1000. By the Magistrate: I gave tho cheque to my mother this morning. She knew nothing of it until then. My mother can neither read nor -write.

By Mr O'Brien : I rememtnrleaving the docks on Saturday. My father and O'Donnell were together. I ran to the cabin for tho pistol immediately afier tho first shot had been fired.

By the Magistrate: There was a pause between the first and second shots.

By Mr O'Bi'icn: If there had been any quarrelling I should have heard it. I am not certain whether O'Dormell was sitting or standing when the second and third shots were fired.

Tho Magistrate : Where did your father get the revolver from P—Mr Ma lion, the chief detective in Dublin, gave it to him.

At this stage tho examination was adjourned till the following day.