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

that he had observed NO bullet wound In the back
Of the head.
TESTIMONY OF SERGEANT TAYLOR
Sergeant Taylor. OF the Twentyninth precinct.
ton house when scanneil was brought In; took
his formal examination; said, John, are you
% and he hSe s anal
he said, "Yes;" he was calm, and stood up firmly
in 'front.' OF the desk; he had An overcoat on, and
had one OF his hands In the pocket OF ~ did not
see the examination OF the body OF Donohoe;
pistol was brought and placed on the desk by one
think II was DR.. Beach; 1t was six-barrelled re.
volver; all the chambers were loaded; the pistol
was taken away by Captain Burden.
CONSTRAINED
by Mr.. Beach-The prisoner was not tremulous
by the desk after that ne lighted cigar, which ne
took out OF his pocket; the pistol and sleeve but,
and other things taken from the body
the clothes were, 1 believe, kept at the station
house. and were sent down here before the trial.
TESTIMONY OF OFFICER MALoNEY.
This witness, who found the pistol said to be
used by scannel was recalled, and stated that the
chambers were all empty except one; it is q six
chambered navy revolver.
OFFICER WHITE,
or the TWenty-ninth precinct, examined, testified
l was present when DOnohCe's clothing was ex-
amlned; Q pistol was taken from his Overcoat
psso Wa IN shc right side
pocket.
Michael Moore OF Twenty first street and Second
avenue testified that In 1869 he was at the station
house where Donohoe was under arrest for shoot
SWEAR THAT If HIS BROTHER DIED HE WOULD
SHOOT DoNOHOE;
DOnoh0e was wounded In the arm then.
CROsSExAMINED.
To Mr. Beach, went to the station house be-
cause heard the shooting and went to see what
politics at the time; was not in Donohoe's saloon
Ter four or Ave months before this last shooting;
DOnohoe was then supporting John Nesbitt Tor
| Alderman, and was supporting Florence Sean
nell; to the best Of my recollection did not con-
time noticed that John scanneIl lthe prlsOnerS
was nervous and excited; l would be willing to
brother dies win KIN Donohoe; !" think scanneil
addressed the remark to DonOhoe; they stood III
the opposite sides OF the room at the station house,
| was examining the wound in D0nOhOe's arm;
Scannell pointed to DOnOhOe az he said the above
words; there were other persons there, all under
James Irving and Forbes Holland; was friend,
politlcal and personal Of these gentlemen; ! had
of Donohoe for the alleged killing of Florence Scan
| nell.
To District Attorney Phelps-The threat was made
OFFICER JOHN CALLAHAN ON THE STAND.
In December 1862 ! was attached to- the i, Eight .
station house the day his brotherwas shot, he said
If HIS BROTHER DIED HE WOULD HAVE VENICE;
| there was then considerable talk between him and
| DonOhoe this was In the pack room OF tho station
house while Donohoe was washing the wound on
| his arm; Don0h0e accused Scannen Of shooting
him. and scannen charged Donohoe with shooting
his brother; Donohoe denied 1t; John Scannen said
| then, that if his brother died he would have re-
venge; took Scannel in about one O'Clock In the
afternoon.
| OFFICER WISE
testined-I was In the Eighteenth precinct station
house when John Scanne and Donohoe were
| brought in the day Florence Scannell was shot;
they were in the back sitting room; scanne went
down on his knees and lifted up his hands and said
| was toward where DonOhoe was standing; DonO-
| hoes wound was IN the left arm. between the
elbow and wrist.
testfned-I was In the Eighteenth precinct station
| house when Scanner and Donohoe were brought
| in In nann 1,Ar thn slnus fI1A obi
Donohoes saloon; heard John ScanneIl say he
would shoot Donohoe for killing his brother, or
words to that effect; DonohOe called Scannell
After Recess.
The Court reassembled promptly at halEpast one
O'Clock, and the same admirable state OF decOrum
which Judge Brady has enforced throughout the
trial was manifested by the audience. The pro-
ceedings were resumed by calling
Sergeant James Looney, OF the Sixth precinct
police, who testified that In 1869 he was sergeant
In the Eighteenth precincts, witness proceeded-I
remember the shooting and wounding OF Thomas
Donohoe on the night of September 10, 1870 on the
corner Of Seventeenth street and Third avenue;
hoe that same night in bed, at his home;
| there was wound on him the left breast q
wound about the size Of tile point of my little nn-
! ger; arrested no one for the offence; did not
| see the shot fired, but heard IL.
| Cross examined-I have been connected with the
police force q little over twelve years; became
Sergeant In 1896; was at one time sergeant in
charge OF precinct; tnat was when Bradley and
OBrien were running against each other; was
friend OF Bradey's; when heard the pistol shot
was between Eighteenth and Nineteenth streets,
on Third avenue; then went to Seventeenth
street and Third avenue; then went through
Seventeenth street to Irving place; then returned
to Third avenue and into q liquor store on the COR
ner; then went through Seventeenth street
TO Second avenue, down the avenue to
home; Donohue was in bed; l remained there
e yen n se 'pS was Ceeag very
| and from there, with Captain Cameron and Oncer
Larne to the corner OF Seventeenth street, and
| n no for
| number OF persons in the street when heard the
| report; spoke To no one at the time except Of
| corner OF Irving place and Seventeenth street:
charges to my knowledge were preferred against
| me to the Governor that l know of; saw such
statements in the papers, but have no know
edge that they were preferred a. stated.
william q. O'Brien was the next witness sworn.
He testified apparently with great reluctance AMI
paused in tedious manner before answering the
questions put to him. Before he had concluded the
District Attorney was putting questions to him in
very
FoRcIBLE AND PERSISTENT WAY,
and Mr. Beach, the prisoners counsel, had begun
to treat him with very great Difference and cOur-
tesy and with mild expression OF voice and feature
In marked contrast TO his style with other witnesses
for the people One OF the Court officers remarked,
This is witness for the delence.n OBrien testi
| knew Donohoe in his lifetime, and Is well ac-
| quainted also with Scannell had heard of the
to ., ~ iSu; suoseguent 10 u ana
with John Scannell; the interview took place in
Third avenue, near Twenty-fourth street.
T. State what took place at that interview A.
was anxious that the difficulty between Scannell
and DoDohoe should be settled | was friendly to
both parties; Scannell walked down the avenue
with me and said ut would be all right" and
walked down to the club room, corner Of Twenty
first street for the purpose OF having the thing
settled; Scanne said he was Every glad that Dom
oboe did not die instantly - the first conversation
we had in reference to the affair was in the front
club room; sent a note to Donohoe's house ask
Ing him to come to the club room, but he not
at home; ] said 1t didn't make any difference
who committed the assault Uonohoe; that he
had suffered enough but that looked upon IL as
special interposition of Providence that he had
escaped; made no alluson to Scannell as Ii avlng
committed the offence OF shooting Donohoe; Scan
nell said that 'Donohoe might go his way and he
would go hiss" avoided speaking Of the shooting
as much az 1 could; don't remember anything
more that was said by ScanneI.
The Court and the District Attorney put numer
Gus questions In every conceivable shape to draw