The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-09
SCANkELL,
Finale Of the Pool
Room Tragedy.
The Jury Locked Up All Night and
Day, but Fail to Agree.
THEY ASK INSTRUCTIONS FROM THE COURT.
Announcement Of Their Disagreement" 1t
IL Impossible that We Can Agree"
Reluctance Of Judge Brady
to Discharge Them.
Eight for Conviction and
Four for Acquittal.
Scenes in Court = Interviews
with the Jurors.
Announcement Of Their Disagreement" 1t
IL Impossible that We Can Agree"
Reluctance Of Judge Brady
to Discharge Them.
Eight for Conviction and
Four for Acquittal.
Scenes in Court - Interviews
with the Jurors.

The Scannell trial is at last concluded resulting
In the disagreement OF the jury. The case occu-
pied the Court Of Oyer and Termner for some three
weeks Jour days being consumed in obtaining
jury. The testimony for the prosecution was BRIEF
while that for the defence confined principally to
medical testimony, was very protraoled, occupying
great portion of the time the trial lasted 1t will
be remembered, in connection with the ase, that
on the evening Of the I'd Of November last pol
ttical pool was being held on the eve of the then
pending election at Johnson's pool room, corner Of
Twenty-eghth street and Broadway, in base
ment under Apollo Hall. deadly feeling of pas
sion and hatred had for q considerable time pre-
vious to the shooting ranked in the breast
OF the prisoner John Scannell, against his VIC
tim on that occasion, Thomas Donohoe, the
murdered man. The pool room was crowded, and
many friends Of the victim ana his murderer were
present on the occasion. Scannell had been in
the room some time before Donohoe's entrance,
and but few moments elapsed from his appear
ance there until the moment that Scannell, en-
c0unterng him, drew heavy navy revolver and
Ut once commenced firing at him. The very first
discharge ofthe weapon was the death of Donohoe,
although Scannell fired three other shots at him as
he lay dying on the moor prone at his feet Scanne
was almost immediately arrested, soon after in
dicted and put upon mis- trial on an indictment for
murder in the first degree. The result of the trial
concluded yesterday is one OF those
LEGAL FIAsCos
to which, unfortunately, this community ID so
Tong accustomed, tnat they have come to be looked
upon as the rule and not the exception. Between
she failure OF juries to convict their unanimous
verdicts Of guilty-few and far between as they
are-there is, after oil, but very little difference
and little extra danger to the life Of the accused.
In the there is oil the chance of retrial
md its loopholes Of escape, and on the other the
equal certainty that the prisoner will get new
trial through the quips and bubbles of the very
iaw-distorted az 1t may be in its application-that
was framed and intended to punish the evil doer.
The defence of Scanned rested solely and alone
upon the theory OF his responsibility for the
shooting of DonOhoe, and consequently the great
est part OF the trial was taken up in the effort
upon the part Of his counsel to establish this
plea, and, on the part of the defence. to subvert
the testimony of the doctors in that regard and to
prove his sanity at the time Of the commission of
the offence. The shooting and the consequent
death OF the victim of Scannell's vengeance or of
his frenzy was admitted. Upon this. the main
point of the crime itself, very little turned. To
prove that while it was admitted he committed
murder, he was irresponsible for the act was, on
the part Of the Defence the principal point to es-
sablish-on the part Of the prosecution to contro-
vert. How far counsel either side has succeeded
s seen in the result. That the defence on the
plea OF insanity and the examination of the med-
raj experts to establish It ably conducted by
prisoners counsel, Mr.. w. +. Howe. to whom this
part of the case was entrusted, there is no doubt
and to this and to the ruling of the Court on this
particular point the prisoner may consider himself
Indebted for the disagreement of the jury.
THE PROCEEDINGS YESTERDAY.
irru how hoa Inclya nd
ofnclal surveillance throughout the night, 1t was
thought that their deliberations would in any
event, either Of disagreement or verdict, be
nnal as regarded their further action, and great
interest was manifested as to what conclusion
they had arrived at. The court room filed uIl
,sarly in the morning, the order OF Judge Brady to
allow just 80 many Of the public as could be prop
erly accommodated having been vigorously, but
very considerably to those who came too late
carried out There was consequently no rush at
the doors or disturbance inside to mar or disturb
the proceedings, but, as throughout the whole of
the trial. the greatest quiet and decorum prevailed
The interest which Is naturally felt among
Court audience while "waitng for the Jury
in an important public case, was mani.
tested during the pretty long interval between
the opening Of the doors and the reassembling Of
the Court after its protracted recess from the
previous night, when the jury was ordered to be
locked up. Various specuations were INDUCED in
az to the result OF the nocturnal deliberations OF
the twelve men who held as 1t were, the fate OF the
prisoner (ScannelD in their hands. The Judges
charge was commented upon very favorably in
deed, as impartial and just between the people and
the prisoner The status OF the jury-fsr as in all
such cases there will be found Mr.. Oracle, who de-
clares that juror No. this and juror No. that is
for or against convictiOn-was discussed from
many standpOints No. l. No, and No. IL,
designating the jurors as they answered to their
names when called and sworn In their order,
n hu fhAqa nhAf tn xyi0n
sure to stand out for Scannell on the subject of
insanity and responsibility These three jurors,
~ was confidently asserted, had each for himself
agreed to disagree to any attempt at agreement to
= verdict OF guilty. Upon what hypothesis the
moving ones framed their conclusions, OF by
hard to tell. Other Jurors were In the same man
nor selected as likely to be In favor Of verdict OF
guilty, but there were hardly dozen people in the
court room that expected anything else but a dis
agreement, discharge and the end OF trial No.
for Scannell. So far as disagreement OF the iurv
was predicted, general opinion ON that point ways
once more correct IL has become settled con-
viction Id the public mind, founded on the result
OF late criminal trials that no man can be con-
victed OF murder that has the means to fee lawyers
70 defend him and medical experts to swear that
frenzy, or laboring under hallucnation or a
deusion or an illusion at the time he, with amaliee
the death his enemy cor any other man, against st
hate.
THE COURT REAssEMBLEs.
At twenty minutes to eleven O'Clock Judge Brady
entered the court room and took his seat on the
bench. District Attorney Phelps Mr. Allen, MI.
Rollins and Mr.. Russell, his associates were pres
ent while Mr.. Beach, Mr.. Howe and Mr.. Spencer
quickly followed. Then entered the prisoner, his
VIE, mother, sister and his relatives who at once
LOOK the seats specially allotted TO them through
'oat the trial
TIE JURY IN coURr--THEY ASK FOR INSTRUCTIONS
NJ, Az nod from The occupant OF the Judgment seat
MI. valentine, head crier OF the Court quietly dis
sppeared, out not unobserved and the whisper
veil AZ once round that the jury were sent for. In
n lev moments thereafter the door OF the Clerks
was seen advancing. In a short time the twelve
=, ensgooa and true-were in their seats. The eyes
a.. s.e audience were instantly turned upon them,
Cvkeu IKE men who had spent fruitless night
following "Wil-o'-the Wisp,r which had eluded
sner grasp, and had nothing to show for
al the trouble that had been taken.
ana ~ Inc labor fhat has been expended IN ex.