Scathlan 2

Every conceivable circumstance showed that the pistol was there apart from O'Donnell's statement. Did no one see it? The circumstantial evidence was so great on the point that even the slightest direct and positive evidence in support would suffice1 and compel a verdict of self– defence. Was there no one else who could or might have seen the pistol, either in Carey's hand or on the floor on that terrible occasion? Yes, there was one who would have given life to save the prisoner: she was Susan Gallagher of Stranabrooey - the so-called "Mrs. O'Donnell". Years ago O'Donnell's first wife got a separation from him in America. He himself seems to have regarded it as a separation entitling him to marry again if so disposed: ignorant no doubt to the bar that the Catholic Church imposes to such a course in all such cases. While revisiting Donegal he met in Derry a young girl, a native of his own parish. He asked her to come with him to South Africa, that he would pay her passage and that they could get married in London. They went to a priest in London, so sure that they would be married that they had booked a passage as "husband and wife" - the cabin they booked had two berths as proved by the company's tickets. After the shooting of Carey there could be no communication between the two as O'Donnell was arrested at once.· Yet the statement he secretly confided to his solicitors in London and her statement both at the Cape and in London, from first to last, were to the identical effect. That is: Though occupying the one cabin and passing as "Mr. and Mrs. O'Donnell" since the priest refused to marry them, the relations between them were that of brother and sister alone until they arrive at their new home and be married at the altar". This was the explanation of O'Donnell's statement that "she was and was not his wife". She was in the sense that he considered himself bound towards her and that he had caused her to pass on board as his wife. She was not in the fact that, unknown to those around, he and she had failed to get married in London and awaited an opportunity to have their case examined by the church authorities in Africa. To get her evidence we sent to the Cape for Miss Gallagher. We learned by return that her friends and the good kindly priest in Port Elizabeth preferred that she would not be brought forward as a witness. Later on we understood the reason, O'Donnell himself all through said that she saw nothing of what happened at the critical moment at the first shot. She had turned away and as he thought went off, until the first shot brought her running back, when she flung her arms around him as described by some of the witnesses. Still she was actually present. We should hear and judge for ourselves what she had to say. Certainly if she was allowed to appear as a witness, and if she said that she saw Carey's pistol, then it was morally certain that O'Donnell would get free. Such evidence became more important as the case went on - her evidence could ensure a verdict of "Not Guilty". Could she speak the few words that would save O'Donnell? Could we impress on her that she must give this evidence and save him? Could we use a false witness in our effort to fight the monstrously improbable story of the crown? Would it be dangerous to our case to bring forward false evidence? I mentioned to Mr. Russell that pressure may be put on 53