The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-11-17
INSANITY TO BE DISCUSSED.
THE BEGINNING OF JOHN SCAN
NELL'S SECOND TRIAL

me 81 cOnu trial OF John SCnnnell FOR the
killing II Thomas Donohue, three years ago,
was begun In the Oyer and Terminer yesterday
with a contest about the question put by tho
defence to Mr. Ahram g. Jones. stat,oner
" Have you any prejudice against tho defence Of
insanity in trials tor murderf" District Attor-
ne' Phelis objected to the question: md judge
Barrett said, "ln the recent case OF Stander.
man admitted a like question. Reelection and
stud however. have convinced me that 1t IA
not material. must exclude II. The material
question is whether the Juror has any pre- iudico
against the prisoner"
I'VE propose to show, said Mr. Beach. Of the
prisoners counsel "tnat this juror has preju-
dice that units him to serve iu this Gaze"
His Honor would not change the ruling.
" Have you any prejudice against persons who
carry nfcarmsi' the next question put to
the jur " by Col. Spencer Tor the defence.
This was also xcuded by Judge Barrett. Mr..
Jones WIS excused by the prosecution, however,
the r. asoi being that he had never served on
jury, and YVES therefore without experience.
The court room At this time was only com.
forably 1led hundreds having been excluded.
Scanneu. attended bv his wife and three law
yeTs, was vivaciuus and laxative.
Magnus ID. Alexander was excused because OF
conscientious scruplcs against hanging. Wright
=. Ryder because OF = fixed opinion a. TO the
prisoners sut, and then Herman :. Nestrock
was ex mined. lie had no opinion about the
case. but. being a Germ n, tie was asked whether
ho could understand ENGLISH Teadti,. lie SAID
that he could, except that fine wvfds. might
puzzle hin.
An OLD JOKE.
" II you cannot understand nnc English YOU
vii pot comprehend my friend Mr. Beach" said
81 object" said Mr. Beach; that Is an old
Joke was used IN the Nalwurth tral."
Mr.. Nestrck was "a little deaf too. lie was
excused. Henry Graf, Thomas X. McMRnn. and
John J. Lami eft lad formed disqualf, ing
opinions. Alexander Heckcrs was unutasseu,
but he thought he might have bilious attach
WITHIN few days. aud Was excused on that ac-
questions az TO prejudice against the INSANITY
liea ana tue carry us VI Weapons were pro
were noted. Henry Doscher. Martin J. We'll.
George j. Cook. ChHries {. j. Beck. Howard 4.
itrman. Ge9rge BRETT, Gustav Harlem, and
Alex nier +. Slaughter had decidcd In their
own minds what the verdict ought to he. 1ben
john ierge. who had no recollection Of the
fence. anu likewise Charles A. Domi-c. whose
mind MAS an utter biank with regard t. ttIs
Csc. lie had read about IT. yet had no OPINION
whether % not Scaintll sh"t Donohue at alt.
much less any notion about guilt 81 innocence.
george W. Shertpau. a retired Iucrch nt Md
uIeated' without anv hiHs, and evidently iutci-
lleent, was also pervinftoriy challenged Uy the
Three hours were spent fruitlessly. and then
the foreman's chair was filled Dy John 4. Gels
busch, az importer Of woollcns AZ 4Oj iiruomc
street. He closely resembles Csri Schurz ana is
apparently cultured, intelligent exuerienced
man. lie swore that ne had a general recullcc-
ton OF the killirg OF Scanncl as described IN the
nrNsl apers. but was sure that he had no tigs
that would influence him a. juror. No more
Progress was made during another hour. Jos. ph
l.. ID cker was challenged by the dei,uce and
Charles Russell was excused by the Judge be-
cause OF hXcd opinions.
Charles Fuisom. who hud teen peremptoriIv
challenged Oy the defence IN tue other iri III
Scdnuell was pot or the -tand Tor ex animation.
MIR. Beach arLued that lie was incompetent N
Consequence Of tnat rejection, but the point
was OVerruIed Mr.. FulsOm declared that lac
Lad ~ tias and MIR. Beach b, unaol- To- find "a
nav In hts competency, was compelled "a use a
teremptory challenge u Keep hin out Of the
jury box. He was rejected because while jury
was toinr impanerd 10 the first rial il was
repurtcd that hr SAID, in relation To- the ac-
taken him-he knew the murderer's trotncr
Florence.
At The emo Of the fourth hour David J. Dan
nat, lumber merchant at rompkins street,
was sworn IN as the second juror. He said at
the start OF bis examination that he had an
OPINION but long questioning showed that II
amounted only to belef that Scannell mad killed
Donchue' without reference 10 cuipabiiiiy.
AFTER RECfss.
After a brief recess the tedious work was re-
jtuin n. Coffin. William DimIuick, MILAN T.
Augustus /. kcnnett. and Joseph oppenheimer
were excused. being biased. James l.. " uolley,
the Canal street CRAZE Manufacture. was hext
examined. lie had no recollection Of the par
tcui r. Of the Scannell- Donohue tragedy. md IL
wac his custom 20 skip accounts IN newspapers
Of murders lie replied enphatcally to the
question whether he Thought lac could act fairly
ss juror, II don't think 1T know H." IIewas
challenged leremptorhy Dy the defence.
Henry Gutderm1n was not questioned, but.
after whispt r1ng among the lawyers. WAS OK
cused. lie haG Just hpen inlicicd On a charge
OF receiving stole goods.
No further progress was made until the az
ceptauce Of James J. Hicks late IN the after
noon. lie Is TIRE mauager Ot wrcckiie COM
Iani, and was away from the city during he
publ alton OF accounts 81 thG homicide and the
hrrt triHl. Therefore lie e, uld swear That ne
WAS tree from bias. His Immediate successor.
san $50 IN, hoiei IN nufact irer at 80
West Ihifty I'm street. was alsu accep'ed. lie
dlsaNowed ny bias mat might affect his YER
ulct, "lthongh ine killing had Impressed nun
upon reading about II.
S.gsmuud lltLau's mind was in total eclipse
ahot this case
You believe that man named Donohue was
killed. the District ATTORNEY asked.
~ I | didn't know. was the cautious repIv
Bat admit you read the reports IN the news
An, don't believe all read"
Ahi noh you believe tnat a man named
- read 50. tut II DIDN'T make me believe IT,"
- you have no beliei that there was hom-
\ whatf"
~ say, you have no belief that a man wa.
We'll" very certainly. IL guess there mus,
D We Oeen' or there wouldn't be u trial about
oREcrrNG To CAPITAL PUNISHMENT.
1--WE VIII excuse YOU" said 4r. Pncl,s
Junu@ Beueuict and john flachine-. j r., were
nerempt.riS challenged 10y tue aef nee. Robert
Rocs and Isaac bulistcln's objections 10 Capi-
nam. ADrlham conn. illiam Ford, Henry l.
Alicu, nrrin M Colt. tuarics .Auoruss Wright
Gilles, Jr, Max Maintnau, had oi,qu,uifSing
opinions.
fredcuck A. Browns Wall street broker. said
that he hau a setilrd opinion. Yet he would
make AN lnpuu i juror.
Have you =tudi mental philosophy = said
MIR. Beach.
Yes, sir said Mr.. Brown.
" Ihcn you know that the biascs aud lreiu- |
dices II men rirrct th,it Judgment
" YES. that l. generally So"
" Have you h~d any special training that rem
dcI- you exempt from that general ruIcf'
fuI seven years 1 have hciu position in |
secret society that has cJmpelcd me to ire |
qlcutly judge 81 questions juuiciall, discard |
ing NY own Or, Juices"
" You are So lar as that lifted above the ordi-
nary knees of NEAR"
81 suppose ! am"
Ni. brown was excused by consent of both
sides.
At he adiournn eut nftN-1ve jurors had been
examined, ana four accepted. OF tho thirty
ueTrnlptuN challenges allowed to each side. inc
prosecution mad used tour ana the defence
eiehi. A panel Of ono hundred jurors Will be i'm
Attendance tuis morning.
MIR. Shaw's Wonderful Pigeons.
TO THE EDITOR or THE SUN-Sir: Mr. T.