The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-21
THE scANNEI-DONoH TRIAL.

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The Court Ssr1es Out Indircct Evil
aencc-The CO for tho Prosecution
Rests-Openis for the Dcfenee-The
Scene Chau,d from the D0nohOe
shooting OF cannen to the Scannen
shootiuu q Donohoe-The Twenty
fourth sire Gang-A Vendetta Re-
vengc.
The case of lei Scannell, on trial for the killing
a, Thomas Dohoe In November last, was re-
ahmed vesterd. The same order and decorum
which have prked the proceedings In this trial
and the abs &C OF the too common turbulence
and uproar itch have been the features Of MUIR
der trials ofte within tie court room were main.
tanned Jue Brady sustains the dignity Of the
Bench In aemnent degree, not only within, but
without II bar. In this he is ably seconded by
Mr.. yaleple, the Chief Crier OF the Court and
indeed. ron whom principally devslves the i'm
portant lty Of preserving quiet and order upon
all such ,caslons.
Judgerady took his seat promptly, Mr. Phelps
Distric attorney, being in his place. Prisoner and
his corset and relatives were early In their seats,
and q case was at once proceeded with.
THE OBJECTED TESTIMONY.
Jute Brady said he had considered the motion
OF c,nsel for the defence, that the testimony OF
serplnt Loonie and William G. O'Brien, given yes
tertv, be stricken out and concluded to grant it,
1t n. bearing directly on the case.
THE PROSECUTION RESTS.
Tstrict Attorney Phelps said ne rested the case
foEhe prosecution.
OPENING FOR THE DEFENCE.
IT. Spencer then proceeded to address the jury
fc the defence. After warning the jury OF the
syrnl responsibility that rested upon them he
vent into the circumstances attending the assassi-
nation OF Donohoe in Johnssn's pool ROOM
ander Apollo Hall. he said the shooting Of
DoAohoe by Scannell was admitted, but he
claimed that it was the result Of "menta,
responsibility on the part OF the prisoner. His
mind vas completely and irrevocably gone on the
subjectof revenge for the killing OF his brother, to
whom he was so much devoted. They would show,
from theconduct Of the accused before aud after
the act, nat he was irresponsible for his conduct
and they would use the testimony OF some OF the
witnesses VI the prosecution In doing 80. He then
referred to the extraordinary attachment which
existed between the defendant and his brother
Florence. The melancholy and mania which
seized the former after his brothers. death was
the direct though distant, cause OF the shooting
or Donohoe. He then went back TO the shoot
ing OF Florence scanncll on the 81 Of
December, 1869, and the political troubles
which caused 1t. Tammany Hall-rich, COR
rupt and p0werful-was then In the plenitude
OF its power. There were bad men in IL
as there are now and in every party he feared
men who would stop at nothing Florence Scan
nell, backed by few friends, resolved to oppose
Tammany Hail. and became a candidate for Alder
man In one OF the most enlightened and respect
able districts in the city. John Nesbitt one of the
witnesses Tor the prosecution, was the candidate
OF Tsmmany Hall, and was supported by Donohoe
On the day OF registry Florence Scannell went into
Donoboe's saloon, where the Board OF Registry
sat, and as soon he entered the door he was at
tackled with clubs and knives and was fatally shot
He did not die Immediately, bat faded away In the
hospital for SIX months, until from being man Of
$50 pounds he became only sixty pounds at his
DEATH Donohoe said the bullet that caused bis
death was fired by the defendant. This, added to
the loss OF his beloved brother eectuay upset his
mental balance, and he became subject to melan-
choiy, mania and Authorization, He would pace
restlessy up and down his room; would wildly
swing his arms around would curse his en- tire fam
uy anu friends; his eyes would assume q wild, q
dangerous expression and his conduct was So
grange ,I And unnatural that every person who
~ the failure Of the law to bring Donohoe to trial.
guilty DS1enoe was released on $1,000 bail and
s,,enlted 10 erbe the Coroner who held
snnnd on florenees bsdy to change the bullet
hoes pistol They would also nrove nv en1nent
physicians that theaceused was not responsibie Ter
TEsT1MoNT' PoR TIE pErpycp
The nrst witness called for the se,enca vas
SIIett Brown. lie testified 10 the shooting or
florence Scannel 10 Donohoes saloon in pecem.
per loos; ne was ia the saloon atthe time in the
back ROOM heard the report OF pistol in the r,ont
barroom, and saw Donohoe imrnediaiely alter rvsh
through the back room out 10 the, street with !
pistol In his hand; there were a number OF peonie
n the back room; the Registers OF Election were
sitting there went there to register; Was LIVING
then az the Compton House, corner OF twenty
ourth street and Third avenue, then kept by the
scannels; did not see pistol in the hahds OF
florence Scannell; John Scanne} was In the back
DOM AZ the time the first shot 'Sas fred he rsa
,ut into the barroom.
Inc next witness called was
-. ......... WILLIAM TINSMAN
Thirty second street. petween seventh an Eighth
venues. who was sworn and tesfided-Iwn VI INTO