The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-08

GUS man at the present time. Mr. Beach
closed with touching appeal for the prisoner.
widowed mother, on whom she hoped to lean dur
ing the remainder OF her journey down the hill OF
gone before her taken away by the bullet OF the
man for whose death the prisoner now stands at
of that son and brother caused the prisoner TO
stand in his present position; do not know that
YOU believe in an overriding Providence, but DO
know that an over-ruling Providence looked upon
the ASSASSINATION OF Florence Scanned, and who
could say ba' sae same n S had
would not desert him now. The crushed and
broken life OF the prisoner might not be ong-he
might end II IN the dreary cell OF lunatic asylum,
but he hoped the jury would not condemn him to
the inIamy and suffering Of dying on the scarold.
With an expression Of full confidence In the I'm.
partiaty and justice OF the jury and the Court he
left the life of the accused in their hands.
II being then aquarter past one O'Clock, recess
SUMMING UP FOR THE PROSECUTION.
n,s MR. pneps District Anttornsy then commenced
Wet the prisoner in any case but TO assist the jury
IN coming to . correct conclusion. The defence
nave made out very ingenious case, and the
sympathies Of the jury still ne drew picture that
they should remember that there was another side
to Che case. Four months ago Donohoe, unaware,
at the bar, and the SHOWS have piled high over his
cold grave, and the winds OF Winter have sung
ss e winnie ne ms
pulse beating warm, and surrounded by friends and
relatives appealing 70 the sympat9 ME- OF the HTy
and ingenuity money could procure. No person APP
peared to appeal on the part Of the victim lying In
evil may remain behind them. Not only had
Donohoe been foully assassinated by the prisoner
dragged the dead man from his grave and slew
him over again with dagger OF defamation and
into the wounds. Mr.. Phelps continued to speak
IN this strain Will great power ana effect ier some
FL
Florence and John ohm scannsli, Went TO Dono.
place; in which Florence Scannell, Donohoe and q
third person were Shot, and that at the time the
who testified for the defence, said he was under
mortem examination, and that the prisoner
to labor under the impression also. Review
Mr. Phelps said-What has the defence proved
That he was liable to fits and outbursts Of rage at
rage, indicating insanity. Why, the idea is absurd
He did not exhibit them In the presence Of his
family But he can 60 to his physician, and, with
ysms OF rage Stimulating insanity. But when he is
told that he must not indulge in these paroxysms,
instantly quiescent But while he is indulgng in
them the doctor leaves him to himself conscious
possess him. Was that the course to be pursued
by physician who entertained the slightest idea
tries to persuade himself that he was insane, al
though all the previous conduct and treatment Of
the man completely relutes the existence Of any
such conviction in his own mind. Petulant,
morose and moody admit he may have been.
Why, gentlemen, let any one OF you put himself in
this mans position; arm your hearts with this
deadly purpose of revenge; put yourself In conflict
with the laws OF your country and Of your God;
threat and solemn vow to carry out that deadly
threat of vengeance, even to the death OF your
heart which is the man among you, where is the
man that breathes IN this world that is possessed
with such ina na would not manifest Haa in his
sional fits OF depression and to frequent Outbursts
OF rage? The physician admits that in all his read
ngs and in the course Of his own great experience
there was not an instance to be found where man
having formed and expressed the determine.
therefore. gentlemen, left to you establish new
form Of insanity, never yet found in the books,
never known to the observation Of science an in.
sanity which confines its manifestations to one OBJ
ject. This physician tells us he cannot say when
his insanity began agree with hum. and think
whatever conclusion you may come, it
9n be taat IN heat
none knew the extent OF Florence Scannel's in
jury and when the participants in that ARRAY were
was dethroned. All that he then did was in the
heat OF passion; all that then animated him was .
and which found its expression In a solemn vow OF
vengeance, and from that DAY till the fatal day
purpose controlled his action and nerved his heart
till that terrible vow was so fatally accomplished.
insane, you declare that man can nurse and fos-
ter q passion in his soul for years-that he may
cherish 1t with fond affection, and that this rage
and passion Is to be an excuse and palliation and
complete exoneraton for the crime that this pas
sion instigates and his hand perpetrates. Now,
gentlemen, such are the facts taken from the test
mony and such the question that Is now presented
for your consideration do not deem it necessary
to further enlarge upon the testimony or
upon the circumstances OF the case. You
are Intelligent and enlightened men, and
great patience and attention. know that nothing
has escaped your notice. l hope nothing has es,
your Judgment that must decide these issues. You
are to come to the consideration OF them Invested
or all prejudice, sympathy or passion. If con-
sheraton of all the testimony You have any reason
able doubt, the indulgence OF the law and the die
ates OF mercy say that you must give the prisoner
the benefit Of that doubt. 1t Is now for you to dis
charge your duty as citizens, as jurors as officers
which upon this earth Is kest the attributes of the
Supreme Judge Of al all Gentlemen H., now, as the
leave the case in yonr hands.
JUDGE BRADY's CHARGE.
Judge Brady then proceeded with his charge to
GENTLEMEN OF THE JURy-I congratulate you
that this trial has at last reached its conclusion.
You have devoted great deal OF time to the con-
sideration and investigation OF very important
case important not only to the public but of
course. OF great Importance to the prisoner You
have listened patiently to the evidence which has
come before you, and the people and the prisoner
have been accorded full and free Investigation of
all the facts and circumstances bearing upon the
issues in this contest. You not In approa ching
this case, to permit yourselves to be Influenced in
the slightest possible degree by the thing called
public clamor. That Is an element Of life which
never must exist in the jury box. Neither public
sentiment, nor public Indignation, nor public ex-
element has anything to do with the deliberations
OF jury. You are to dispose Of the case accord
ing to the evidence and the law, as you shall have
1t declared to you mpartially and iearlessy; and
while YOU shall not yield to the thing called
public camor or public Indignation you shall not
permit anything in the way OF sympathy to pre-.
vent you from entering upon the case with proper
consideration OF the evidence and the law. What
ever evidence may have been offered for the prose-
cution, whatever defence was offered in behalf OF
the prisoner are to be disposed Of not by sympathy
but on the evidence and the rules OF law and the
circumstances, Just as in any other controversy:
and, therefore, gentlemen OF the jury, while tell
you that you shall reject public clamor, you shall
not be Influenced by any false sympathy for the |
prisoner at the bar, but You to dispose OF the
case upon the evidence and the law. deem IL INV |