The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-07
THE POOL ROOM TRAGEDY.

The Testimony Closed-Opening OF tho
Summing Up Arguments-Mr. Beach
Claims justification and Moral Irre-
sponsibility for His Cltent-Five and n
Half Hours OF Argument.
The trial OF John Scannell was resumed yester-
day morning, in the Court Of Oyer and Terminer,
before Judge Brady. The attendance was quite
large, and included not less than eight or ten
ladies, who, as usual, were accommodated with
seats inside the bar enclosure. Among the promi-
nent gentlemen who visited the court room during
the day were Edmund Yates, ex-Surrogate Hutch
tngs, Sheriff Brennan and ex-Assistant District
Attorney Fellows.
As soon as the Court was formally opened 1t was
announced that all the testimony on both sides in
the case was in and Mr. Beach commenced to sum
mp in the closing argument for the defence. Mr..
Beach first explained to the Court that he had OBJ
tanned rom the counsel in the Mcfarland case
some Of the "requests to charge" by the defence in
that celebrated trial, and then opened his argu-
ment After an expression Of his belief in the
honesty OF the jury he alluded to the growth Of
public sentiment in consequence of the revolutions
Of the last fifteen months. He alluded to the
growth Of an angry ana harsh feeling
beyond mere justice in consequence OF this
change, and especially called attention to the
ease Of Foster. Two years ago society and the
public journals clamored for his blood. Two years.
or nearly so, have passed away; these impressions
have been modified; the circumstances OF the &C.
currence have been looked upon calmly, and now
- CRIED LoUDEsr FOR HIS BLOOD
are calling for q Communication OF his death sem
tence, are also some of the best citizens. This
case should teach the danger OF giving way TO first
Impressions. Ii the jury could have looked back
and seen the prisoners conduct and suffering from
the time Of the shooting OF his brother in bono
hoes saloon till the moment he took the life Of
Donohoe, they would have quite different i'm
pressions OF the case than they had on reading
OF the affair IN the papers next morning. He
spoke OF the shooting OF Florence Scannell as
cold blooded assassination on the part OF Dono-
hoe and then referred to the failure to bring Don
oboe to trial. and the influence 1t had on the mind
Of the prisoner. He said he had no Intention Of
appealing to their sympathies, but only demanded
and ms ae then called at
down by Judge Story to defend the accused from
UNJUST ATTACKS OF TYRANNY
Unpopular vindictveness He did not propose to
appeal TO their pity or their passions but TO a solid
defence; at the same time he must remind them OF
the great difficulty in deciding the questions OF mo-
tive without omnlscience, and the terrible results
Of any mistake He then proceeded TO argue that
aside from the defence OF insanity there was evil
dence that the shooting was In seli-defence. lie
discussed at some length the testimony, claimed
that the prisoner was going out before Donohoe;
shat In fact, Donohoe in the position OF the pur
suer. Scannel was on the step when the shots
door entirely. He directed attention to the testi
mony that both men pale when they saw each
other; that DonehQe had his hand on his pistol
~. s'CoME ON, JoHN.n
He recalled to them that Donohoe was not q
harmless, inorensve man, but man who had al
ready shot from behind, In a dastardly way, the
brother of John ScanneL He insisted that under
such circumstances Scannell, though bound to
avoid . bloody encounter, was not, when chal-
lenged by the phrase, Come on, John, " bound TO
expose his back to shot nom the same hand
which had already from behind killed his brother.
He then passed to the question OF insanity.
He was not a believer In, nor should he urge
on them, what was popularity known as moral In
sanity That man who by vicious indulgence has
lost the control OF morality should be excused
thereby was dangerous to society Itself. But when.
~ In this case the emotional nature, not by any
fault Of the suferer, not by any vicious indulgence,
but through the highest and honest tenderness Of
humanity, had overcome and controlled the reason
through
DISEASE OF THE BRAIN,
that was different case and he should call on
them TO consider that without suspicion or distrust
or any OF that prejudice which the perverted use OF
the phrase moral insanity" had rightly produced
on the public mind.
lie at some length reprobated the statements in
se press about the case, and its sneerng tone to-
whfus vne aeIence, claiming that 1t was made OF
one-ha1 knowledge.
He pointed out the differences among alien.
isg ~ 10 insanity, yet their substantial
lunaucs nevertheless were so diseased in mind as
not TO be responsible for their acts. Human JUS
tice could not reach those thus struck by the han
OF God. He quoted DR.. Deans treatise in opposi-
tion TO DR.. Cross testimony, to show that the Ia /
ter, to whom as very young man he paid a com.
pltment, was wrong In denying the existence OF
kleptOmania, and further quoted the same author
70 show the common tendency in insanity 10 sni-
eide, homicide and general destructiveness. lie
quoted another work to show that In INSANITY the
Behavior Of the insane person often 80 varied that
while In his home the change oil his behavior might
be so marked as TO call the attention OF all In IT,
strangers and even professional men might be en-.
tirely deceived
quoted at great length from the reports in the
Cases af the People Vi. George W, Cole. Same VA