The New York herald., 1875-11-28

perts' testimony TOR the defence the Judge said we
abe scientists theorized and took the most rinng cir
cumstances into account the law as matter OF sell
protection drew line and said insanity is a. one side
and sanity at the other. The Courts have decided IN
this State the test Of sanity 70 be capacity Of dis
tngushing between right and wrong al the time OF
and with respect to the act accomplished" The jury
had TO answer Was the prisoners brain diseased when
ne shot Scannellf Did he, or NOT know the nature
ana quality OF the act9
In conclusion Judge Barrett said thar this case had
been tried before without result with that fact
the jury had nothing 10 do But he could only say
WA. y was allimportant the prisoner and the com
uny ana ,nas we should have prejudice whatever
au lhat tne verdict should bo rendered on the
timony adduced.
rnK JURY RrrIRrs
The Judges charge occupied n lttle ovar an hour
and at twenty minutes seven the urv retred tn
hberate Meanwhile The prisoner with his relatives
cuson would be arrived and that the urymen would
be locked up for the night The court was aecordnglv
soon empted few persons remaining even in the cor
ridors, At twenty minutes past intimation was
given TO the court officer that the jury had agreed and
this fact becoming known, the court speedily filed
solemn stiffness prevailed, and rs the jurors filed
into court tho scene was exceedingly impressive
Judge Barrett took hts scat the bench at half past
seven O'Clock and the counsel occupied their usual
places. Every voice was hushed. The prisoner
maintained calm and steady bearing though his wife
and other relatives trembed violently their eyes and,
indeed the eyes OF all IN court being riveted the
men who were about 70 announce the fate Of the pris
oner. When the jurymen were seated Mr. Sparks the
1erK Of sne ooor called tne r9 ana every man IN
Gentlemen OF The Jury, said Mr.. Sparks, "haye
you agreed upon a verdict"
1--WE have" said the foreman, in clear and distinct
tone
awful pause ensued when the Clerk said, "Gentle
men OF the jury look upon the prisoner. Prisoner
look upon tho jury. How say you, do you find tho
prisoner guilty or not gultyT
Meanwhile both the jury and the prisoner had risen
to their feet the latter standing up, and with folded
arms ntently gazing his judges He not de-
pressed, apparently, and awaited the verdict with sur
prising camness.
"Not guilty." promptly responded the foreman OF
the jury, and following tho announcement was hearty
round ofapplause throughout the court room The
prisoners face Immediately lighted up He was
braced by his wife, who shed tears ofoy while his sis
ter became almost uncomfortable IN her emotions.
A complete transformation ensued and the joyous
demonstration shared by nearly all in court That
the verdict unexpected plain from the general
manifestations. Order was promptly restored.
This s disgraceful performance said Judge Bar
rett "a very disgracefu performance indeed and
not be permitted in of justice The court on
GERS will see that proper deeorum be observed"
But the delight OF the prisoners relatives seem
ngly boundless, although he himself did not exhibit
any particular symptoms Of qualification.
Turning TO the jury Judge Barrett said, ''The law
compes TO inquire whether this verdict has been
rendered on the ground OF the prisoners insanity"
The foreman OF the jury-It is
Judge Barrett-You find John Scannen innocent on
the ground OF insanity
The foreman-Yes sir.
Judge Barrett-Then tho Court remands the prisoner
to ascertain whether he is still aborng under insanity
and on Wednesday morning next The question may be
determined
Mr. Peter Mitchell (of counsel for the prisoner,-That
win meet the approval of the counsel for the prisoner,
Your Honor
Judge Barrett then discharged tho jury and len the
bench.
ScannelIs numerous friends In court Immediately
rushed toward him and grasped his hand the eyes of
all his relatives being sunused with tears His sister
went almost into Mysteries and altogether the
was memorable in the annals OF the Court Scannel
was accompanied TO the Tombs by large number OF
persons, who at every step showered their congraua
tons upon him The result OF the trial caused general
surprise