New-York tribune., 1873-02-20

VOWS OF VENGEANCE MADE BY THE PRISONER.
The eighth day of the Scannell trial was
marked by the introduction Of testimony for the prose-
cuton to that the murder was vow OF vengeance
carried out after three years. several Witnesses feated
the scene in the staonhouse 1902 when the prisoner
threatened revenge over his brothers bleeding body,
and the circumstances Of the attempt upon DoDotues
life in 1870 were also rohearsed Tie defense will be-
opened today
Dr. Beach who assisted DR.. Marsh in making the post
mortem examination repeated the previous testimony.
except that he had observed any bullet wound in ths
back of the head. Sergeant Taylor OF the Twenynnh
Precinct testified in relation the prisoners conduct in
the station-house after the arrest scannel was cool;
did not tremble, and lighted cigar after answering the
usual questions Officer M0loney stated that all but oas
OF the chambers Of the pstoa navy revolver with 81
chambers-wCre empty. Officer White stated that
pistol Of ordinary taken from DonOhue pocket
Michael Moore OF Twenty y-frst-st. taud Secondave.
testified that he was at the statonhouse in 1853 when
Donohue was under arrest for shooting Florence Sean
NELL and heard John Scanue swear that II hs brother
died he would shoot the murderer. He was cross-exa
ined by Mr. Beach at some length He admitted that lhs
prisoner was and excited when the remark was
made but was positive that these words used: III
nv brother dies 1 will XIII Donohue." The prisoner
pointed TO DOnChe and spoke i'm loud tO1e Officers
obn Caigbon Vise and Arthur Cncy corroborated this
testimony They were IN tho staton-hous and heard
the threat Tie prisoner knelt on the nOr and stretched
out lis bSnSs as he Threatened to have revenge.
Hugh Z. Wbrney the d0Orman Of the Twenty-ninth
Precinct gave testimony IN relation 20 DOnOhues being
armed. Capt Henry Burden of the same precinct de-
scribed DOnOhue's loaded plstOl-a COTS pateut re-
yulyer Officer King said that IN December 1869, on one
the registry days prior 10 the charter election, be
heard John Scanne repeat the remark that lie would be
reyenged IL his brother died. Sergeant LOOnie
Of the sixth Precinct testified in regard TO the
first shooting Of DOuChue by Scannel on sept IL,
1870. and described the circumstances VIM. {. OBren,
Forbes Holland and Elijah Cook related what they knew
Of the attack In anticipation OF the defeuse an
attempt was here made dspTOyc the theory that tbs
prisoner was mOIOm3uIac ia the matter Of killing his
enemy OBren. who is the clerk Of the Sixth District
Judicial Court, testified that after DOnohue had re-
covered from the effect OF the wound, attempt was
made at clubhouse, TO settle the feud Scannel ne
stantly and when DonOhuc did not appear added He
may 90 his way, and 1 will 90 mine" On croSs-
examination the witness commented upon the
extraordinary attachment between the brothers.
Forbes Holland present at the interview between
the prisoner and O'Brien lie stated that evening
as DOnOhue ne standing outside the Wltnesss
stables Scanne got ont OF FOurh-aye. stage, and the
witness told DOnohue e. into the office, which he dld;
Scannel came up and then walked OF again, Win
pistol in his hand; this was In in 1870
Elijah Cook testified that he standing outside the
Brewer House the night OF Now 3 1872, and heard
shots in the basement under Apollo Han. He saw o
leave the basement hurredly and go toward Fifth
ave He subsequently identified scannel IN JOhEsOnis
club-rOOm that night the man whom lie saw leaving
the place after the firing.
District Attorney Phelps here rested the for tho
prosecution. Mr.. Beach moved that the evidence Of
Sergeant LOOne and Wm. c. O'Brien be stricken 0ut
The Court could not entertain the motion unt the case
Wa eli