The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-11
THE MURDER RECORD.
Retributive Justice Claims o Hear
ing in the Courts.
The Murder Calendar To
Be Wiped Out.
THE scAnaELL .poMoHoE SHOOTING.
The Case Begun in the Court Of Oyer and
Terminer, Before Judge Brady.
ONLY TWO JURORS OBTAINED.

ONLY TWO JURORS OBTAINED.
Yesterday morning, In the Court Of Oyer and
Termlner. Judge Brady presiding. the trial OF John
0cannell, indicted for the murder of Thomas
DOnoh0e, was commenced. The rapidity with
which, unhappily, murder on murders head
accumuates and has been accommodating OF
late, and the public interest excited as to
the result of the trials OF the parties charged
with the dreadful crime, In consequence OF
their positions In society, are tending to make
our criminal law Courts and the paraphernaia and
the surroundings Of justice, as therein admins
tered, subjects Of attraction and interest that
rarely attaches to them. The case of John Real
for the murder Of Ofacer smedick was one in all
its bearings somewhat removed from the ordinary
class of homicides It was not the result of any
sudden outburst OF drunken fury, but, as claimed
In palati0n upon his trial. retaliation, excessive,
OF course, for injuries and wrongs under which 1t
was contended Real had suffered at the hands Of
hts victim. Then followed the car-hOOk tragedy,
the victim in this case being highly respectable
and respected citizen passing from his place Of
business to his home by public conveyance. Here
the instigatng cause was no doubt, the passion
imbibed by the unhappy man, who. in SO short
deed with his life. Then follows the Stokes-Fsk
tragedy, the King ONeill shooting and previous to
that the shooting OF Thomas Donohoe by John
Ecannell The general incentive to murder, rob-
berry and plumber is wanting in all these cases. In
the present case it will be remembered that on
Saturday evening, the I'd day Of November, 1872,
just on the eve Of the election, there was great
deal of interest felt in anticipation of the result
The political pools attracted crowds for nights at
JOhnson's club room-the scene OF the murder Of
DOnoh0e-and betting ran high and with great
competition upon the favorite candidates Upon that
Saturday night the deceased, Thomas Donohoe,
was one Of the crowd OF politicians in front OF the
stand. He had been there for some time among
friends and aCquaintances. During all the time
from the opening of the pool to little after nine
Ecannell had not been observed as present by any
one. He made his presence known by firing at
DonohOe, discharging three or four barrels of his
revolver in rapid succession, the frightened by
ISLANDERS fleeing from the spot, and leaving the
murderer free to work his vengeance upon his foe.
In connection with this terrible deed before SO
many witnesses memory will go back to the eve Of
another election, In the heat and excitement Of
which Florence Scannell the brother of John, now
on trial, received his death wound in DonOhoe's
liquor store Since then John had harbored feel.
ings of vengeance against Donohoe, whom he
brother, until those feelings found such dreadful
atonement In the death OF Donohoe at the hands Of
John Scannell.
Yesterday was the day fixed by the Court for the
trial. 1t was intended to take precedence OF the
81 as to % nd s Naa
peremptorily no delays nor diatory motions were
yesterday interposed. ,
The Court opened at the usual hour, and Judge
Brady was promptly on the bench. Mr. Phelps,
prisoner being represented by MIR. Beach, NJ W.
i. Howe and Charles Spencer.
The first duty, after notification Of readiness on
sss roll 81 aS % ths was to
District Attorney announced that the Court would
expect q prompt attendance on their part on Tues.
way 'A 1s. ExpANprLrNe < JURY
This tedious business then proceeded with the
usual result, the whole session being spent In
obtaining only two Jurors The hrst Witness VINO
M. Anthony safer, but he, however, was ex-
cused on his own representations OF liability to
William Coulter, builder, had known and been
q friend OF the deceased and the prisoner; had
heard good deal about it from the friends of both
parties and read the reports Of the affair pretty
thoroughly: he had been admitted to pracuce as
attorney some time ago, and did not think he
Newman Steck. pawnbroker, knew both parties;
6cannell was his next door neighbor, but oil ne
knew about the matter was what his chtldren had
his mind not from the papers, but only don't
be relieved rom that jury it would be very hard
matter for him to serve on TINS Jury ne was
friendly TO scanne and did not think ne could sit
ROwDIEs IN COURT.
The Court rebuked the exhibition or laughter IN
the audience, and which had occurred during the
examination OF the last Witness and took occasion
TO impress on the audience that no laughter would
be during solemn sIa h tbe oc s1
noticed so violating the rules OF property would be
excluded from Court or punished.
NJ IT
Garrett Nagle was the next Juror called to the
stand. The Juror did not know the prisoner. but
Tammany man, but had a decided opinion. which II
would require evidence to remove.
Mr.. Howe-Where do you resides
Mr.. Howe--On the Sd day Of December, 1862
Florence Scannell, brother OF the prisoner, was
and as alleged, by Donohoe. An inquest was held
on July 20, 1870, when the Coroners jury returned
verdict Of wilul murder against Thomas DonO
hoe, the person whom the prisoner Is now ar
raigned for shooting No proceedings were taken
until the 18th day Of March, 1872, nearly two years
AFTER and then only after an investigating commit
had sSe ss Of e once Of
District Attorney. Were you familiar with any o
those proceedingsf 49,, ,.,nr,r
tson in n the question that Florence scanneIl wa.
murdered by Thomas DOnoboe.
Mr.. Howe insisted that the question was proper
put the question, but must override it,
Mr.. Howell take an exception. (Exceptlol
noted.l
Mr. Howe TO juror Are you not o member o
TAmmany Hall General Committee, and do you no
know that Donohue was also member Oh IAN
many HALF .t
JurOr-No, sir.
The juror was excused.
James J. Mitchell had decided opinion On
could not be impartial. Excused.
william E. Bradley was In the same position, an
was excused.
John W. Brocklebank had not Termed or eA
pressed an opinion.
He was challenged to the favor, and Mr. Beac
suRcested that the triers to be appointed be me
without bias In the case. n-...,. ~,