The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-22

spoke. Scannell was standing near the oar Wneu
saw him; did notspeak to Scannell there; l voted
for Florence Scannell.
The Court at this point took recess.
After Recess.
William Redding was the first witness called after
recess He testifed-I reside in the city Of Havana;
reside temporarily in this city; know the prs-
oner; knew Florence Scanned; | have had OPP
portunities OF observing the relations between the
brothers.; the conduct OF John toward Florence
was always very affecti0nate; was in havana
when Florence was shot; John before the shooting
was always friendly, JOYFUL, good natured his APP
pearance was good looking ana his complexion
healthy; after the shooting on my return from
Havana, he looked downhearted and was pale IN
compleXon; his conversation after the shooting
was disconnected; 1t was incoherent.
oueston that his py 10
A. mean that 1t wasn't hearabe have noticed his
hand was cold and dampish; have noticed per-
splraulon on his forehead when there was no rea-
son why he should be in that condition; / have
known him to pass me in the street when should
reside In Havana; have resided in Havana about
ten years.
Cross-examined-I have known the Scannels
about four or five years make about five TO eight
trips per year between Havana and New York my
principal residence Is In Havana; l was in New
York about two weeks before Florence was shot;
was also In New York about TWO weeks after Flor
ence died; have chiefly met John in or about the
Glenham House; seldom went in except 1or
drink or a cigar: have principally been with him
in the street looking at horses running and exer-
cisng on the street; my acqualn,tance was casual;
casual way about horses; never spoke to him
about the death OF his brother.
SOLOMON MEHRBACH
next testified am householder; was acquainted
with Florence and John Scanne for about fifteen
years; knew Donohue about five years; was init
mate, to some extent, with the whole Scannell fam
lily; am not now AN Alderman, my term having
expired on the LIST OF January LAST Florence was en-
gagged in dealing in horses, and think ne kept the
stables John was engaged in the horse trade also;
john commenced to keep the Glenham House,
house, previous to that they kept the compton
House; the disposition OF John, prior to the shoot
es Of and be q wss no
prolane, nor drinking man; he was
always in healthy condition, but not robust man;
over to Jefferson Market Court, and he was very
excited and tremulous; frequently saw him at
notice much change in his manner then; 1t was
chiefly before the last electon-some two or three
elected If they had every nomination in the city.
and almost Immediately afterward as l was leav-
Ing him, he said we could elect every man on the
Apollo Hall ticket as 1t stood.
Crosse xamined-I was candidate on the Apollo
the premises on which the GIenham House was
situated; ! remember a time when John was alb
sent from the city after the death of Florence;
think 1t was in the Fall OF that year; saw him In
Q. Had you any transactions with him of bust
ness kindS A. latter some hesitancy and decker
lngl What SORT OF business do you meang
Q. Well, did you go bail for him? A. did, sir.
Q. What did you give bail fors Objected to. OBJ
Witness resumed-I forget at whose request
GAVE BAIL FOR HIM;
don't remember whether l had any conversation
with him on the subject of bail or the charge
Once he said at his house before that that he Was
innocent OF the charge against him; Idon,t think
he ask asked u me to give bail; | don't think
charge against him, but he said he was
innocent; saw John almost every day about the
horse market before Donohoe was killed; went
to his room in the Glenham House when was
going bail for him and told him was ready to go
bail Tor him and to come along;" wasn't in his
room two minutes; he said "All right, can prove
/ am innOcent.n
When you went to the District Attorneys once
hanging around there Jimmy Irving was there.
District Attorney Phelps-Yes unfortunately,
there are always good many hanging around
@. Have you subscribed anything to assist In this
defence A. How do you mean?
Q. Have you subscribed any money! A. have,
Mr. Peter Mitchell, counsel for the defence, called
aloud, lis Mr.. Robinson in court Mr.. John Robin
JOHN ROBINSON, AN Elderly GENTLEMAN,
at once came forward and testifed-I am sixty
years OF age; have resided in New York about
twenty-eight years; am a horse dealer; was
quainted for about twelve years with Florence and
r ne wai in the horse Sess % Jo
and Florence were always very friendly and at
tached to each other; | noticed that there was
observable between many brothers; John was
healthy and sociable and pleasant hammered be-
fore Florences death; alter that event noticed he
was very much changed in manner; have seen
him walk up and down the bar of the Genham
House with his arms folded and muttering to him.
him, and he never spoke to me nor noticed me; Il
considered him not in his right mind.
CrOss-examned-I was intimate with the fam
lily; after the shooting Of Florence did not see
him until his return to the city from Copake.
HIRAM B. FERGUSON
was next sworn and testified IL reside at 119 East
Thirty-ffth street; am City Marshal; have known
the prisoner six or seven years; was acquainted
with Florence; was not very intimate with them;
saw John nearly every day Tor two months before
the shooting OF Fiorence;. was employed to take
charge OIL his processes; noticed after the shoot
ing OF Florence John became pale and very excita-
Bile and nervous; once saw him at my house go
down on his knees and say he chopped God would
Cross-examined-Soo after O'Brien was elected
Sheriff Scannel was appointed deputy; about two
Scannell by taking charge OF The business assigned
to him; his processes were stopped in about the
cesses that the Rer didn't assign him any work
In the office; that was, think, before october l,
1870; ! know Of John going out OF the city for
l think he was in the Sheriff's ONCE portion
of two years; his processes were stopped
avenue; subsequent to that time he lived in
Willett street; he gave me as reason that
there was warrant out for him and he didn't
want to be arrested; he lived at my house before
he went to Willett streets lie came to my house the
second day alter the shooting OF Donohoe; he came
was q warrant out for him; don't remember II he
said what the warrant was out for; he said he
didn't want to be arrested for the reason he
thought Donohoe was in the Tammany ''ring,n
and would have him railroaded without giving
him a chance to prove his innocence; when John
said on his knees that he chopped God would kill
him or DOnOhoer he was excited.
O.. DID he say what Donohoe might have him
''railroadedn for2 A. Ia pause) l don't know
that he did while John was at my house (six
weeks) he was attended by DR.. Shine; know Mr..
Pagan, who testified yesterday; have not pro-
cured any OF the witnesses In this case.
This closed the days proceedings, and, after
some debate, an adjournment was ordered until
Monday morning.
Judge Brady decided to allow the jury to go to their
homes without the usual escort Of q court officer,
stating that in so doing he relied on their honor
ana integrity to repel any approaches made by per-
sons Interested in the case with view to affect
their opinions. He also cautioned them against