The New York herald., 1870-07-23

general row; I got rap In the
caught hold OF the club to prevent gettnp hi apan;T
soon eard the report or pistol IN the Darroom behiDd
me was tnen standing near the door leading to the
back room; turned round to see where the shot
came from: toward the Second avenue door near
the first post saw John Sc nne Are across the bar
In the direction OF Don0hoe, and also saw hin aro
at the man who lay on The iOor, known as Johnson:
John scanned went out 10y the rwenty-thlrd street
door after firing the last shot; he came right IN
again; officers came in AT the same time, and soon
afterwards Florence Scanned was carried out; did
not no, near them ask Tor liquors or cigars; they
lIhe private counsel in the Scanned interest here
nnuertooA 70 puzzle the witness by an sorts OF
Trivial questions which had nothing 10 do with the
case, S put dia not succeed In making single point
The counsel for the defence at the close of the ex
animation OF the witness, remarked that he again
protested against JOnn Scanned taking an active
allowed TO bully Witnesses. Tie Inai iaI Character
given To the inquest had called ont remarks In the
newspapers denunclatory OF IT, and the course pur-
sued IN the investigaton mad been severely annad-
verted upon IN conversation.
TRUTH WELL SPOKEN
William Ainsley, painter, was called 10 testify.
Counsel for defence remarked:-Now / solemniy
protest against this. Are we going TO nave new
voley OF swearing from the Scannel side OF TINS case
/ contend that the line OF investigation now being
pursued here Is without precedent and ! request
that stop will be put TO II and tnat the Coroner
suit the District Attorney before going anv further
1 say 1t on my character and responsibility a. =
lawyer, that have known anything like It. 1t
Is beyond all precedent. They can 1abricate testi
mony aa 'nan.un y ms way aad the aars Of the
tins KIND Of Thug is tOIera ell there will be
NO SECURITY FJR ANYBODY.
fou excluded little while ago witness whose
BAD character we wanted to show UP on the ground
that we should nave examined him at another
stage OF ihe proceedings You are SIMPLY delivering
GANG OF RowDiEs.-MoDEsT sELr-APPRRcIAT0N.
Ausley, the witness, now went on to state that he
had accompanied Florence Scanned to Mr.. DonOhoe's
place. His Testimony was o mere rehash OF tho
other witnesses who were with the Scanned gang,
on e more he se e
chat the latter said TO him after beng shot, "DOnO
hoe has cooked me; he has killed the best young
man In this ward"
STRUGGLING IN THE MEsHEs.
To counsel lOr the defence-l don't know whether
anybody else heard Scanned make that remark;
went in Donohoe's TO get drink; did not go intO
the twenty 0urlh street place to get drink or
sgr az the reesrSy pac the s ssurS aas
Scannels; can't swear saw the Scannels inside;
was In the back room In the barber shop when the
muss began; did not have CluD, or pistol, or
knife did no strike any one ut DonohOe's: re-
malned perfectly quiet; was IDLE at that time about
SIX weeks; did not work since 1862, except this
spring at my trede was engaged in horse dealing,
1 do not know that these clubs were cut at Mr.
Daiman's; worked about eight months % out Of the
BY juror only saw one sh0t nred, ana tnat
was BY John Scanned, and think another BY
Donohoe, with his lett hand; saw no clubbing
At the close OF the testimony the counsel for the
defence called the attention Of the Coroner to the
main facts elcited during the inquest and spoke at
some length about the two antemOrtem statements.
He rem nded them tnat Mr.. Donohoe was shot IN the
back Of the arm. and that therefore he could not
have had his face turned towards Scanned where he
stood when he shot, He took the ground that the
jury was placed In solemn POSITION, not because Mr
DonOhoe would be injured by any verdict that they
could render against him, but he leit that he (Mr
DOnO hOe) danger oil his life certain verdict
was rendered. by the same cowardly hand that had
snOt him or Scanned himself be ore. The counsel then
went on to snow the various forms OF verdict which
O cOroner's jury could fnd The jury should scruti-
nize the witnesses motives, their conduct on the
should take the probability OF their statements into
consideration, their credbilty, and the reasonable
ness Of their statements.
The Coroner made q few remarks to the jury, In
which he stated that the case was with them, and he
left 1t TO their good Judgment 10 decide who was the
guilty party IN the case.
The Jury retired at half.past three O'Clock and at
five minutes TO live brought In a verdict that de-
ceased came to his death from pistol shot wound
at the hands OF Thomas DOnOhOe.
The verdict was received IN silence and astonished
everybody not Immediately interested In the case.
The usual questions were put to Mr.. Don0hOe.
after which he was asked what he had to say as to
the charge against him. when he made the following
reply through COUNSEL
have gwen truthful statement OF this occur
According TO my knowledge and belief had no
hand In OccasIOning Florence Scannel's DEATH not
wlthstanding the verdict OF the Jury. believe II to
be wrong ana unjustued by the evidence.
The prisoner was then fully committed to await
the action OF the Grand Jury. 1t Is understood that
an effort VIII be made to have Mr.. D0nohoe bared
out.