New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-08
LOCAL MISCELLANY.
THE SCANNELL TRIAL.

The most interesting session IN the Scanneil
sxa, was he'd yesterday, beng notable not so MUCH
from che display oratory by counsel OF the JUDGES
charge as from practical illustration OF MI Beachs
theories regarding the prisoners "menta irrespons-
p,,itv - which was offered by Scapnell himself. Mr.
eaeh on the opening Of the Court took pains TO deny
The rsmor the newspapers regarding the withdraw
of one Of his assocafes and mentioned the causes lead
xns 20 the prisoners alleged "menta irresponsioity
Se. Donohue war shot The counsel ridculed the idea
hat the prisoners hiding when he first SHOT
Donohue in September, 1871, because he was afraid
OF being raroaded TO state Prison." incompatible
with the theory Of insanity. lie paused. and was shout
60 upon hs next point when Scannes head sank
forward under the table. The movement was accom-
panied by short hacking, barking cough foiiowedW
many in quick succession, until the attention OF
evepy one in court had attracted 10 that quarter
and ne national whispers-such what's the natter
What Ia 81 t"-began 10 y around the room. Deputy
Sheriff Dempsey who sat Immediately behind Scan
nen, took hold Of him and raised him up Inc
moment he did so Scannel became No-
lent, and attempted 10 tear himself from ue
officers grasp The thin skin of his face became flushed,
perhaps from exertion ard ms eyes glared Wildly
around IN every direction Mr.. Beach interfered and
took hold Of bis arm. but at once thrown OH IKE
baby by his Client who is said to be very strong man.
Others gathered and seized him while he struggled TO
get free at the time looking toward the door OF the
ante room. and muttering Let me get out of here"
by his mother and relatives.
IL was noticeable and possibly significant fact that
the produced less of sensation than might nave
been expected In the ante-room, Scannen walked up
and down for about i've minutes until he appearedto
have become quet when he returned TO the court
ROOM turned ms back upon the Bench and Mr. Beach,
while the latter resumed his argument With consider
able tact the counsel followed the strange action of
his client by calling attention 70 the prisoners hia and
faerDa affection before the death Of his brother, and
comparing il with the radical change in his conduct
after that event The prisoner became, the cOun-
eel said, rude and unnatural In his bear
ing toward widowed mother and invalid sister; he
hoped that earthquake would swallow up the whole
family he charged ms mother with wanting TO poison
children beat his head against the wall and tore
his hair his speech incOherent and he talked OF
seeing sleeping with. and talking his dead brother
These certain signs Of mental arrangement. The
idea that this part assumed and acted for two
years was too absurd for comment. Mr.. Beach con-
GUIDED usual with pathetic appeal TO the Jury, In
which Scannell represented the eldest son, the
stan and the hope Of a widowed mother.
District Attorney Phelps began to sum up the case for
the prosecution after recess. Mrs Donohue dressed
in deep mourning and accompanied by several lady
friends came the Court aud took seat in the back
part OF the room.
Mr. Phelps said that he was there convict the
prisoner any case but 10 assist the Jury in coming TO
conclusion The defense had made out avery In
appeal 10 the sympathes OF the Jury drew picture that
must necessarily touched their hearts But they
should remember that there another side to the case
IL would be impossible 10 give anything like q fair
synopsis Of Mr. Pheps address in the brief space here
allowed He dwelt long upon the question Of motive for
the deed really the question Of Justification, and still
longer upon the point OF the prisoners insanity showing
clearly What he regarded falsciOus in the theory Of
the defense. Dr. Place, who announced his belief in
with ms own patients without guard Of any kind and
which became habit with ecannel, and in the next
n % hours S 70 re Shaved AZ $50 M M
Phelps concluded his long speech, and Judge Brady
charged the jury.
CHARGE OF JUDGE BRADY.
After the usual congratulations upon the conclusion
of so long case Judge Brady told jury that they
were not to Influenced by public camor, yet to
yield 10 anything in the way of sympathy which should
prevent them from judging fairly according to the evil
denoe He said that the testimony regarding the shoot
evidence OF the exciting causes OF the alleged In
sanity but not In any respect as standing oY tse as
Ohne for the latter, II guilty could be punished only
1idnal vengeance To find the defendant guilty
two things necessary-the killing OF the defendant
premedaton existed at the moment of the firing on
this subject there the conduct the part Of the de
PENDANT indicating an intention 70 kill the existence OF
a TO KILL created by threat against himself and
the manner OF the killing The nrst OF the Two de-
extract from one OF the law BOOKS before
i hun on T depe9de9 upoh the relations existing
between DonObue and the man who killed him, whether
threats that had been made or from circumstances
that had existed had occurred the prisoner had
fear that his own bfe was In imminent danger 10
such danger existing TO warrant the defendant in
shooting and killing then they were TO declare him not
Surveying the evidence they not 20 permit them
selves TO be carried away by any prejudice they might
were to Inquire carefully and consider all the
facts which had been sworn TO by the witnesses
of he mi
him, his giving bail his card playing and the existence
OF motive founded on hnreS a may spnDs eee&
when he knows what he Is doing, rs capable OF
stsnSs fbe Of bus acts If the prisoner was
such state OF MUD as to know that the deed was
morally and lawfully wrong, he is Irresponsible.
Here Judge Brady took up the special requests, and
charged the following: II at the time the prisoner COM
without any expectaion the prisoners part and the
prisoner through association with the deceased
thrown into state OF mind from which be was deprived
his memory and understanding 80 as TO be unable TO
know the character and OF the act or u
able ~ distinguish between right and wrong at the very
time committing the act, he entitled TO verdict of
SesT Agsn the ne Jury eiendsH snS' nd
Impaired. that he was incapable Of governing
committing crime, he is not guilty of any Ofense.
Again IL controlling disease was the acting power
Gent his 10 the passion, he is not
responsible Again If the proof shows that his mind
whether the disease existed to such an extent 10
overwhelm for a time the reason, anG If the jury
quests Judge Brady refused TO charge and reminded the
fury usOD OF that rule of law which holds that
Jury he satisfied beyond all reasonable doubt OF
prisoners guilt upon the testimony, and If any doubt
exists the prisoner entitled TO the benefit OF that
doubt.
THE JURY OUT OVERNIGHT.
The jury retired at 62o and the waiting for the
verdict began. Seannelrs mother wife, sister, and
mediate friends in the chambers dunng evening
and the courtroom thronged with spectators, law
yers aud reporters until IL o'clock, when the clerk
pouDced Judge Brady had left the Court House. and
the Jury had been locked up for the night They will
turn and report at 1890 g. to-day. Meanwhile
NOR that they stand 10 way the other is