The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-08
SCANNELI,
Close of the Pool-Room
Murder Trial.
TIE sUMMING-UP ADDRESSES.
A Twelve Hours Session
Of the Court.
JUDGE BRADY'S CHARGE.
Scannell Overcome by Excitement and Emo
ton in the Court ReOm.
"WAITING FOR THE VERDICT"
Day and Night Scenes
in the Court.
FIVE HOURS DELIBERATION.
No Result Reached and the Jury Locked
Up for the Night.
Scannell Overcome by Excitement and Emo
tiOn in the Court Room.
"WAITING FOR THE VERDICT"
Day and Night Scenes
in the Court.
FIVE HOURS DEILBERATION.
No Result Reached and the Jury Locked
Up for the Night.

Up for the Night.
The trial OF John Scanner for the murder or
Thomas OOnOhoe in Johnson's pool room, corner OF
Twenty-eighth street and Broadway, on the I'd Of
November last, and which occupied the Court of
Oyer and Terminer and jury for twenty days, was
brought to its close last evening. It being pretty
generally understood that this result would be
reached, the court room was thronged with an
anxious but las hitherto throughout the trial. a
quiet and most attentive auditory. The prisoner
was brought into Court at the usual hour attended
by the Deputy Sheriff. his specially appointed GUS
tOdan and escort during his conveyance from and
back to his cell in the Tombs. His wife, mother
SISTER and other near relatives sat him during
the day in the seats reserved for them from the be-
ginning Of the ito tnem) narrowing scene to the
close late last night. 1t was generally observed
that Scannell looked more anxious and carewOrn
yesterday than on any previous day Of the
investigation. The depression under which he
evidently 'labored eventually changed to a con-
dtion OF great mental excitement, and which ex-
hbited itself in well simulated real parox ysn,
or outburst OF Overstrained feeling, when Mr..
Beach, in his summing M referred to the us
oners affection for his dead h. he.
THE SCENE IL COURT.
Overcome by his feel ,gs, .r deeming 1t q prore
time for little display OF his emotional maniG H.,
suddenly threw his head ,On his hands, uttering
some unlntelligible words. The attendant Deputy
Sheriff endeavored to rouse him into an upright
position in his seat when he quickly rose to his
feet, pushing away the officer. His counsel also
put his hands upon him, and strove to restrain
him and bring him back to himself but he broke
away from him, exclaiming, ''rake your hands
OF me-let me go out OF this" His
mother greatly affected, cried out in her
grief and followed the prisoner to the clerks
room, where he was instantly conveyed. Sheriff
Brennan was on hand and. after admitting the
wife and sister and brothers, closed the door. Mr.
Beach, at the suggestion Of the Court discontinued
his. summing up till the prisoner should return,
Judge Brady saying that he would not take the
responsibility Of permitting the to proceed in
the prisoners absence. There was some sensa-
ton manifested among the audience at this cpl
sode, but it must be admitted that the general
feeling was not in sympathy with the prisoners
act, the conviction being that the little aair 'was
put on" After about twenty minutes the prisoner
was again brought into court, but he did not re-
sumo his usual seat at the table, near his counsel
but with the attendant oflcer sat facing the door
leading into the Special Term court ROOM with his
back to Judge, jury and counsel.
The summing up Of Mr.. Beach occupied the
whole OF the morning session up to recess Dis
prosecution, occupying four hours in the delivery
OF q well digested and analytical review OF the
principal points relied upon by the defence and
the prosecution. Then followed the charge Of
Judge Brady to the jury, which we give in full
The charge was not very lengthy one occupying
but twenty-five minutes in It's delivery. The
charge, however, was accepted as most impair
tial one Judge Brady made very little reference
to the testimony. combining himself to o clear cx
position of the law which was to govern the jury
in coming to just verdict. No extraneous appeal
was made to them as to their duties in view Of
the solemn responsibilities they were under to do
justice to the people and themselves in coming to
q decision, but the Court, properly left the
facts elucidated by the testimony, to which they
had attentivey listened, and his Interpretation Of
the law as submitted by him. to their own intel-
gence and appreciation of the duties imposed
upon them by their oaths.
CONCLUSION OF SUMMING UP FOR DEFENCE.
Mr.. Beach, before resuming his summing up
took occasion to state that the rumor which pre-
vailed that one OF the associate counsel for the de-
fence, Mr.. W. F. Howe, had Withdrawn from the
case, had no foundation, that gentleman was en-
gagged on the previous day in another Court
Mr.. Beach then proceeded with his summing up.
He spoke Of the which led to the prisoners
state Of mental responsibility which he was
when he shot Donohoe, and then refereed to the
first attempt on Donohoe's life by the prisoner in
September, 1871 The fact OF the prisoner hiding at
the time, lest, as he stated, 'he would be rail.
rOadcd to State Prison." was, Mr. Beach thought in
way incompatible with the theory OF his in
sanity.
A SCENE IN COURT.
At this stage the prisoner let his head drop under
che table, and called the attention of all in Court
to him BY giving utterance to a series Of short,
SheriH
sey, who was sitting Immediately behind him,
caught him In his arms, in order to raise him
up on MS chair. Having succeeded in doing SO,
Scanneh became violent and, attempted to
tear himself away from the grasp OF Dempsey.
His face was much flushed and his ewes dasied
wildly about him. Mr.. Beach caught him by the
arm, but Scannell threw on his hold and struggled
60 get free from the others who now gathered
about him, at the same time looking toward the
door of the ante-room and muttering, ..Get out or
here.n The audience became excited at this de-
monstration, and rose to their feet. scannell was
hurried into the ante-room by Deputy snerifrs the
officers and counsel. There Sheriff Brennan caught
him BY the arm and attempted to soothe him. but
he hung the Sheriff on as though he were boy
His mother, wife, sister and brothers followed him
into the side room. where he walked rapidly I'D
and down for about five rinutes he was then
taken into Court again and placed on the oppo-
BIC sue Va IoOIu WIFI IFS UdCk u Tie DeuC.
Mr.. Beach then continued his address He drew !
picture OF che prisoners tal and fraternal affec-
ton before the death OF his brother, and compared
# with Another picture OF the extreme and radical
change In his conduct which took place after that
event; how he became rude and unnatural in his
bearing toward his widowed mother and Invalid |
sister. his wishing an earthquake would swallow |
up the whole family charging his mother with |
to poison her children; hfs beating his |
head against solid objects and tearing the hair out |
OF his head his inccherent conversation. and his
Illusion Of seeing, sleeping with and talking to his
q N
arrangement. The idea that they were assumed |
and acted Tor two years was too absurd for COM
pent Mr. Beach said. from all he heard OF the