The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-11
Retributive Justice Claims a Hear.
ing in the Courts. ~
The Murder Calendar To
Be Wiped Out.
THE scAAaElL. poMoHoE SHOOTING
The Case Begun in the Court Of Oyer and
Terminer, Before Judge Brady.
ONLY TWO JURORS OBTAINED.

ONLY TWO JURORS OBTAINED.
Yesterday morning, IN the Court Of Oyer and
Terminer. Judge Brady presiding. the trial OF John
0cannell, indicted for the murder Of Thomas
DOnoh0e, was commenced. The rapidity with
which, unhappily, murder on murders head
aCcumulates and has been accommodating OF
hate, and the public interest excited as to
the result Of the trials Of the parties charged
with the dreadful crime, in consequence OF
their positions in society," are tending to make
our criminal law Courts and the paraphernalia and
the surroundings Of justice, as therein admins
tered, subjects Of attraction and interest that
rarely attaches to them The case of John Real
for the murder OF Ofacer Smedick was one in all
its bearings somewhat removed from the ordinary
class of homicides. 1t was not the result of any
sudden outburst OF drunken fury, but, as claimed
In pallation upon his trial. retaliation, excessive,
Of course, for injuries and wrongs under which 1t
was contended Real had suffered at the hands Of
his victim. Then followed the car-hook tragedy,
the victim in this case being highly respectable
and respected citizen passing from his place OF
business to his home by public conveyance. Here
the instigating cause was, no doubt, the passion
imbibed by the unhappy man, who. in so short
time hence will have TO pay the penalty OF that
QccO
tragedy, the King shooting, and previous to
that the shooting OF Thomas Donohoe by John
Scannell. The general incentive to murder. rob-
berry and plumber is wanting in all these cases. In
the present case it will be remembered that on
Saturday evening, the I'd day of November, 1872,
Just on the eve of the election, there was great
deal of interest felt in anticipation OF the result
The political pools attracted crowds for nights at
J0hnson's club rOom-the scene Of the murder Of
D0nohOe-and betting ran high and with great
competition upon the favorite candidates. Upon that
Saturday night the deceased, Thomas DonOhoe,
one OF the crowd OF politicians in front OF the
stand. He had been there for some time among
friends and acquaintance. During all the time
from the opening of the pool to little after nine
scannell had not been observed as present by any
one He made his presence known by firing at
DonOhoe, discharging three or four barrels of his
revolver In rapid succession, the frightened by
ISLANDERS neelng from the spot and leaving the
murderer free to work his vengeance upon his foe.
In connection with this terrible deed before 80
many witnesses memory will 60 back to the eve Of
another election, in the heat and excitement Of
which Florence Scannell, the brother of John, now
on trial. received his death wound in DOnOhoes
liquor store. Since then John had harbored feel
ings of vengeance against Donohoe, whom he
rightfully or wrongfuny supposed the slayer of his
brother, until those feelings found such dreadful
atonement In the death OF Donohoe at the hands of
John Scannel.
Yesterday was the day fixed by the Court for the
trial. 1t was intended to take precedence OF the
trial OF King, as, indeed the occurrence itself had
precedence as to date, and being set down
peremptoriy no delays nor dilatory motions were
yesterday lnterposed.
The Court opened at the usual hour and Judge
Brady was promptly on the bench. Mr.. Phelps,
the District Attorney, appeared for the people the
prisoner being represented by MIR. Beach, Mr.. W.
+. Howe and Charles Spencer.
The first duty, after notification Of readiness on
cali the roll Of witnesses for the prosecution. Only
two Of these answered to their names, and the
Dssrlct Attorney announce tnat the Court would
- - ExpANrrL1Ne 4 JURY.
usual result, the whole session being spent in
obtaining only two jurors The first witness who
NJ. Anthony safer f but he, however, was ex-
cused on his own representations OF liability to
sudden attacks Of sickness.
william Coulter, builder, had known and been
. friend OF the deceased and the prisoner; had
heard good deal about 1t from the friends of both
he had been admitted pracce as
attorney some time ago, and did not think he
could act without bias.
6cannell was his next door neighbor, but all he
knew about the matter was what his children had
his nina not from the papers, only DON'T
think can serve on that jury;' ne would ike TO
be relieved rom that jury it would be very hard
friendly to scannel, and did not think he could Sit
lmpartially In the case. He was excused.
ROwDIEs IN COURT.
The Court rebuked the exhibition OF daughter In
the audience, and which had occurred during the
examination OF the last witness, and took occasion
be permitted during solemn trial involving the
life Of fellow citizen: Any one whom the officers
noticed SO violating the rules OF proprety would be
excluded from Court or punished.
DID TAMMANY HALL SHIELD THOMAS DON0HOE 2
stand. The Juror did not know the prisoner but
did know brother Of Mr.. Donohoe. lie was not
would require evidence to remove.
Mr. Howe-Where do you reside9
sTrorNo Il uR ans al place; no,o,
Florence Scannell, brother Of the prisoner was
murdered by being shot In Thomas Donohoes store,
and, as alleged, by Donohoe An inquest was held
on July 20, iS70 when the Coroner's jury returned
q verdict Of wilful murder against Thomas Dono
noe sde noR No 'ns now ar
upon that verdict BY the then District Attorney
until the 18th day Of March, 1872, nearly two years
after, and then only after an investigating commit
tee had been appointed by the Legislature of this
State to inquire int the affairs OF the Office OF the
District Attorney. Were you familiar with any OF
The District Attorney objected to the assump.
ton in the question that Florence Scannell was
murdered by Thomas DOnohOe.
Mr. Howe insisted that the question was proper.
Judge Brady-Nr Howe, you have the right TO
Mr.: Howell take an exception. exception
noted.l
Mr. Howe TO juror)-Are you not member Of
T1mmany Hall General Committee, and do you not
know that Donohue was also member Of Tam
many Hallf 49," -.
yurOr-N0, sir.
The juror was excused frt .i.
James J. Mitchell had a decided opinion and
could not be impartial. Excused
william E. Bradley was In the same position, and
was excused.
John W. Brocklebank had not Termed or ex.
pressed an opinion.
lie was challenged to the favor, and Mr.. Beach
suggested that the trlers to be appointed be men
without bias In the case.
Cnurt called on Mr.. Oscar Frtgbp and Mr.