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age, stated that he was in the cabin some minutes before the-first shot was fired, and that he saw it and the other shots fired, and denied that his father had done anything to provoke O'Donnell. The boatswain of the ship saw the second and third shots fired, and Marks, one of the passengers, observed the men talking quietly immediately beforehand. Mrs. Carey stated that after her husband's death she said to the prisoner O'Donnell: "Did you shoot my husband?", and that he answered: "Shake hands, Mrs. Carey; I was sent to do it" . Finally, Robert Cubitt, another passenger, swore that, prior to leaving Cape Town, he had handed O'Donnell a portrait of Carey, on seeing which the prisoner said: "I'll shoot him". When O'Donnell was arrested this portrait was found in his possession. The witnesses were subjected to searching cross– examination, but, with the exception of young Carey, their evidence was not disturbed in any essential particular. Thus, when the case for the Crown was closed, and when Mr, Russell rose to make his speech for the defence, the difficulties which had confronted him at the beginning of the case remained almost unremoved - a circumstance which added immensely to the weight of his task. It is necessary to bear this in mind in order to appreciate properly the power of his speech, and the remarkable effect it produced on the minds of the jury. "In opening the prisoner's case-, Mr. Russell, with characteristic directness, mentioned at once the point on which he meant to rely. That O'Donnell killed Carey was beyond dispute. What his advocate intended to show was that he had killed him in self-defence, because his own life was placed in immediate danger by the violence of the deceased. But, having stated what the line of defence was, Mr. Russell, contrary to general expectation, instead of at once developing the theory thus suggested, immediately diverged to another topic. He thought it necessary to clear the minds of the jury of any impressions which they might have formed respecting O'Donnell's conncection with any secret societies, reminding them that, notwithstanding the vast resources of the Crown, no attempt had been made by the Attorney-General to show that O'Donnell had been sent to murder Carey. "Having apparently satisfied the jury that O'Donnell had not gone on a murderous mission, and so opened their minds to the reception of what he had to say in favour of the prisoner, Mr. Russell next proceeded to portray him as a hard-working, .peacable man of good character, contrasting his reputation with that of Carey, whom he described as an inhuman monster, who, having planned a dozen · murders or more, turned round and, while utterly unrepentant, gave evidence which hanged his confederates. Hated by his own countrymen, the informer went forth with his hand against every man, and every man's conscience against him. Here it is obvious that Mr. Russell was. treading on dangerous ground. If Carey was universally hated by his own countrymen, what was more natural than that one of those countrymen should have murdered him? The question suggested Mr. Russell anticipated with consummate skill, pointing out that Carey went in hourly terror of his existence, and ready, on the slightest suspidon, to shoot any Irishman who might cross his path, lest his own life might be taken. And now at last, having described Carey as a monster, and O'Donnell as a quiet and peacable citizen, Mr. Russell set forth in detail 45
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