The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-04

street; that Ia near the Glenham House, kept by
the prisoner; knew John ScanDell and Florence fol
about ten years; saw the prisoner very frequently
after the death of his brother; never noticed any
change In his conduct; did not see him every day
as witness was good deal out oil the city.
Mr.. Phelps-State you witnessed anything II
his manner tnat appeared other than proper
Mr.. Beach objected to the question on the ground
that the question was improper until some circuIn
stance or transs elton taking place between the
witness ana the prisoner was stated.
Judge Brady, to wltness-Did you nave any bust
ness transaction or conversation OF lengthy ma
ture with the prisoner, only tine ordinary short
saintatlon when you met met mn MN IN, =, a.
TO Mr.. Phelps-I think met him within very
few DAYS before the Shooting OF Scannell; nothing
peculiar in his manner attracted my attention.
the witness was not examined further.
/ Nelson Post, oil 4l3 west Twentyfirst street. was
next examined. He testlhed-I have known the
prisoner Tor number of years; saw hlm almost
daily alter his brothers. death; never noticed any
change In him alter; thought he was always the
same.
Wilson Oakley, OF No. IS Sands street, Brooklyn
testified that he met the prisoner after the death
OF OIL ms orotaer, and never noticed any change in
w. William McRoberts, horse dealer, OF No. 139 East
Twenty-lourth street. was then called but his tes-
tmony was rather in favor OF the defence. He SAID
he knew the prisoner for about eighteen years
after the death Of Florence he saw the prisoner
frequently. and thought he was always down.
pool-room the evening Donoh0e was shot, but was
not there at the time OF the shooting.
Amos S. Chamberlain, another stableman well
acquainted with the Scannels testified he had seen
when talking with Scanne about the election, John
Scannell said, swell, General Grant wears soft
hat and smokes cigars and is one Of the boys, and II
l vote at all don't know but 1t will be for him."
A LITTLE POKER"
Hiram Hamm, keeper OF the Bulbs Head Hotel,
corner ofIwenty-!ourth street and Third avenue,
testified that he knew the prisoner for five or six
years; he was in the habit OF seeing him at his
lwtnesso hotel; that was after the death Of
hn or fhrAn nr fnur hnn OF
time.
Mr.. Phelps-What would he be doingS
MIR. Phelps-How late would he remainp
Witness-Sometimes until midnight.
CrOss-examined-He had said, under certain
circumstances, that Scannell hadn't an ounce Of
brains.
Edmund F. Rogers Of 2se East Thirty
street, sworn, SAID he knew the prisoner ior some
years; never noticed any change in conduct man.
ner or conversation after his brothers. death.
John Nesbitt, who was with DOnOh0e in the pool
that when DOnohoe said, "Come on, John," he
addressed him (Nesbitt), who was behind talking
TO an acquaintance. He SAID DOnOhOe was in the
habit of addressing him as "JOhn."
Mr.. Phelps then said he would place upon the
stand Drs. Neaiis and Henry, and two experts;
but none OF them were then in the court room. q
recess OF half an hour was taken at hallpast twelve
O'Clock.
Dr. James r. Wood, chief surgeon at Bellevue
Hospital, was called and testified Florence Sean
nell was under my charge at Bellevue Hospital,
and afterwards till she time OF his death; fire.
quently saw John Scannell during that time; he
was q very attentive and sym. atnizing brother;
he excited, especially for the first few days;
talked with him occasionally about his brother; l
saw nothing which led me to think him IRA
rational, though l made no special examination;
he called on me few days after his brothers.
death and thanked me; he called on me again
after the second shooting OF DOnohOe, anu then
told him was sorry TO hear OF 1t, and told him If
he shot Dononoe he would be hanged he said ne
would not interfere with DonohOe again; 1t was
friendly conversation; my attention was not
called to the state OF his mind; Scannell always eX-
hibited great grief; should not like to decide
mans insanity without repeated examinations
from time to time; my attention was not attracted
to the question at all.
BY Mr.. Beach-Doctor, have you made sufficient
examination OF the prisoner to enable you to de-
termine whether he is sane or nOt9 A. lhave not;
cannot say whether he IS sane or not.
MEDICO-LEGAL Squirt ON ''EXPERTs.n
Dr. Horace, aorace H. Henry y Police surgeon h, was called
ninth precinct station house the day after the
shooting Of Dononoe; his wi e had called to see
him. and asked him II he desired to see her, and
he said yes, II sue wanted to- they talked about his
comforts while incarcerated. The witness related
a number OF commonplace conversations which he
had with the prisoner the Twenty ninth precinct
station house every day Tor week or nearly alter
the shooting Of Donohoe; on these occasions he
Mr.. Beach-Do you agree with DR.. Wood that 1t
requires repeated examinations to determine the
sanity or insanity oil person?
DR.. Henry-That Is inside the domain of spe.
Gals.
Mr.. Beach-And outside the domain of ordinary
DR.. Henry-Oh, 40 not pretend to be an expert
Mr.. Beach-That is what. expect to show
DR.. Henry-I have no doubt you will succeed.
(Renewed laughter.)
the y, .soner was sane or insane at the time you
had these ntervlewSy .'sa $780,. ~. -.
DR.. Henry will answer that question by sayinS
that do net proIess to know low whether he was sane
all his acts, conduct ana conversation, he was, to
my mind. perfectly sane. y 4-e-.
Mr.. Beach moved to strike out the latter part of
the answer.
Mr.. Phelps contended that 1t was very fair and
relevant qualification to his answer
The answer was allowed to remain
BY Mr. Beach, noticed no indications of iaun.
dice; examined his eye sufficiently to determine
that; have seen great many cases of mental de-
rangement, but ! have not devoted attention
enough to the subject OF insanity to entite me to
speak as an expert.
Dr. Thomas sayre was next sworn ana examined,
and tesifed-I attended a number of the mer ..
bers OF the Scanne family, but do not think Ger
attended the prisoner do not remember ever
attending him for any nervous disease.
Mr.. Deach-Do you remember after dns Jahn
Scannell in December 1862 at the Cor ps On Tcc,sa
when he was suffering nom convu' >eonss ana that
you injected morphine into his esns ", xe'an him
9uletY A. do not, but 1t is eosseae may have
Dr. Seslis, physician at tne vombs was next
In the rombs, and saw htw also at Bellevue Hospi.
tai the day his brother Florence was shot; he was
then very much excited and was .wringing his
handss when he was brought to the
Tombs November s, 1872, he looked wasted, ner-
vous and detected; since that time he has been
cheerful and s0ciable with me; he told me on one
occasion that he had gained twenty pounds in
weight from the time he came into the prison from
this and other conversations with him, and from
his actions As | observed them, do not think him
insane.
TO Mr.. Beach-He has improved wonderfully
since he was confined in the Tombs.
Matthew I'll fun -fo,
years one OF the keepers In the TOmbs was next
examined briefly as to the prisoners conduct while
IN that institution. witness had observed nothin z
unusual about him.
THE SHOOTING OF FLORENCE.
Oflcer Harrison Wilson testified that he saw the
party going into DOnOhOe's saloon the day Flor
ence was shot. He was called to show that the
entry OF the party was violent and that there
were almost Immediately several shots fired,
and that the inmates of the house came rushing
out In alarm In moment or two, but under OBJ
lection his testimony was excluded.
The eighth juror asked DIR. Echeverria what was
the general condition Of the digestive organs OF
patients suffering from INSANITY