The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-20

present when william @. O'Brfen and John Scan
neil were present At the club room" as II Is
me into the front room we had some conversation,
but don't recoect word Of IL; remember q
lection OF anything that was said; don't remem
Der the substance OF 1t; don't remember what
ing in the Summer of issS with bonohoe ' in front
or my stable, on Fourth avenue corner OF Eight
eenth street; while there l saw
JOHN sCANNELL COMING DOWN
In Fourth avenue stage; he got out of the stage
and came across toward us, ana when saw him
coming said to DonohOe he had better get in he
went into my onice; Scannell afterward went
away alter had told him to ''stop," and raised my
>. Q. Stop whatf A. He had pistol In his hand !;
it was about the same size as that revolver pro:
duced) he had the revolver in his hand and stood
pistol from under his coat; did the pistol
In ms hand when he got out OF the stage; 1t was
terms with both parties; as scannen turned away
he made some remark, but didn't hear what 1t
side nav ONCE or Sct when stepped toward Scan
neil %a my aaeS % nS told him e
my door: Scannell got out OF the stage directly OPP
posite US and walked directly to the curb; he was
In the act OF cooking the pistol with both hands AZ
leave lie made some remark; he was not paler nor
more excited than usual; there were no other pas
JUMPED RAPIDLY FROM THE STAGE;
the stage did not stop; he stepped rapidly to the
Redirect-Scannell was facing MS az he came
down in the stage; didn't notice any thing par
o ouaf aooHt Ms manner knew OF the OLD eec
Elijah L. Cook was next sworn, and testified Il
reside In this city; remember the night OF Novcm.
Der q 1872; was standing on the opposite side OF
Twenty.eighth street, directly opposite the en-.
trance to the pool room, when heard pistol
man come up just alter the last shot, and he
hestated a moment and then turned to walk
away; cry Of murder" came from the pool
HE STARTED TO RUN
across broadway. toward Filth avenue; then lost
sight OF him In the darkness; l could not identity
him, but am OF the imT ression he had on q light
overcoat and felt hat; quite number OF people
pursued him.
Gross xamined-I saw no person come from the
pool room before the single individual came up the
steps; my attention was fixed upon the steps
came up before him; when he came up he looked
quickly towards sixth avenue, then looked tow
could Dot see Of the Of
features; when he was brought back to the pool
room Identified him as the man who came up the
Captain McElvane, recalled, testified that at the
time he arrested Scanneh he (the Captain) Was in
In answer to Mr.. Beach Captain McElvaine said
he was positive several persons came up the steps
from The pool room alter The firing and before
Mr. Phelps stated that he now closed the case
for hs &c c one sns he pos
examination would not occupy more than five
Mr.. Beach then moved that the evidence Of Ser.
geant LOOney IN reference to the shooting OF DOno
hoe In September, 1870, be stricken out; also that
the evidence Of Mr.. w. O. O'Bren In reference to
that wounding OF DOn0hOe be stricken out
some discussion ensued on the subject, as Mr..
Phelps did not desire to state the exact nature OF
the evidence he desired to adduce tins morning,
and
Mr. Beach made the motion to strike out, as
upon close OF the whole case FOR the people.
Judge Brady finally decided, as 1t was within
few minutes Of the regular hour OF adjournment
to hold the motion over till this morning after Mr.
Phelps has got in the remainder of his evidence.
AS Mr.. Valentine proceeded to formally adjourn
the Court quite large part of the audience made
an attempt to leave, but
Judge Brady, with quiet dignity, directed that
they should remain seated until the proclamation
OF adjournment had been completed, which was Of
course complied with, and contributed greatly to
the orderly dismissal OF tho spectators.