The New York herald., 1875-11-28
SCANNELL ACQUITTED.
Addresses for the Prisoner and
the Prosecution.
THE JUDGES CHARGE.
The Verdict and the Scenes
in Court.

The trial Of John Scannel for the murder Of Thomas
Donohue resumed yesterday morning in the Court
OF Oyer and Terminer Judge Barrett presiding. The
rapdity and promptness with which Il conducted
caused general surprise and altogether the invesga
tion marked by considerable smoothness. Ad-
mrable order preserved throughout the arrange
ments by Mr. William Ricketts,, the chief officer,
having proved very effective There no overcrowd-
ing in the court ROOM there any popular dem
onstrations from the beginning 70 the end, and In
deed, the case had the appearance Of civil in
quiry than that which usually appertans TO a
criminal investigation involving the life OF q
human being The prisoner arrived In
good and during the day maintained
calm department. being permitted to retire while the
counsel addressed the jury returning when the Judge
delivered the charge His aged mother wife and sis
ter in attendance and naturally took the deepest
interest in the proceedings which quickly draw
Ing to close The court contained the usual number
Of spectators but preceding days the corridors
thronged by many anxious TO learn the prconers
fate The counsel both sides promptly on
hand and at the sitting OF the Court the address for tho
prisoner continued
Mr. Beach, in the course OF his argument for the
cused called the attention Of the jury the evidence
Of Or Parsons and quoted his elaborate definition OF
insanity bearing the present case He submitted
that the mysteries OF the mind could not readily be
fathomed neither could any infalible judgment be ap
piled TO explain It's various and singular manifestations
Counsel laid particular stress DR.. Parsons test-
mony, and alluded to the remarkable change which
had taken place the character actions and appear
ance of the prisoner after tho shooting OF his
brother. If the physicians concurred In pro-
nouncing the prisoner insane the time OF the shoot
ing of Donohue the jury had but one duty to
perform. In this there sudden tenn
porary exhibition OF fegned insanity It extended
comparatively long period, in fact, since the
shooting OF the brother OF the prisoner Counsel then
proceeded at considerable length TO discuss the pecul
arities which marked the actions OF monomaniao
man might be intellectual, reasonable and even q
genus, and yet subject he might be lamenta-
bic lunatic He quoted several in support or his
argument and submitted that in accordance with q
cent decision OF the Court Of Appeals If the prisoner
the bar had committed the crime with which he was
charged in a moment OF frenzy mania he not only
could not be convicted OF murder in the FIRST
degree but could not be convicted at all
The learned counsel after citing several in sup
port Of the theory he advanced in support of the prs.
oners insanity dwelt at length upon the love which
had existed between the Scanne brothers. and alluded
TO the effect which the shooting OF Florence had upon
the mind OF the prisoner. He denounced faso and
malicious the reports that had gone abroad the effect
that Florence Scannell had been shot by the hand
his brother. II was little wonder that in view of
all the aggrayating circumstances, the mind of John
Scannel should finally give way and that his
should be dethroned Counsel also submitted that IL
might fairly be inferred that when Scanne heard the
preston OF Donohue the pool the gh OF the
shooting, "Come on, john he acted in selfdefence
as he had reason to apprehend injury at the HANDS Of
Donohue Mr. Beach finally made most eloquent
and pathetic appeal on behalf Of the prisoner, and
brought his remarks to close at halfpast O'Clock
when the Court took the usual recesa
AYTER RECESS
District Attorney Phelps replied for the prosecution
IN mastery address He warned the jury to banish
from their minds all prejudice in the and
fine themselves solely TO the fact whether the prisoner
in committing the act which II was admitted he did,
responsible to the law There were two defences;
first that he perpetrated the deed in self defence and
again that he insane when the shooting took place
The District Attorney disputed these points at length,
and proceeded to discuss the question of insanity
Rage, revenge, violent indugen in passion the
surrender of mans whole being to some more fixed
or informal purpose rushing on regardless Of law or
conscience not even indications Of insanity All
the proof for the defence amounted TO nothing
than that after bis brothers. death the prisoner,
while attending to his ordinary pursuits not
cheerful and companionable, but somewhat moody,
irritable and occasionally rude; and il would be very
surprising II he did continue cheerful AS to the self
defence theory why did Scanned put four bullets into
Donohuef Why did he run away and throw his pistol
awayf Why didn't he declare he was an innocent man
and only fired In selfdeencep murder more bloody
has rarely stained tho annals of Jurisprudence and
It for the jury TO challenge It, and to say whether
midst In conclusion, the District Attorney called
upon the jury TO weigh the evidence carefully and to
render their verdict according to that alone
JUDoB BARRBTT's CHARGER
Judge Barrett proceeded TO charge the jury shortly
before five O'Clock He said IL now remained for him
TO close the debate to the guilt or innocence Of the
prisoner. The jury not to think because the law
had been discussed in addresses TO them that they
were the Judges of the law That must be taken solely
from the Court To the jury attached the rcspon
siby Of the verdict, but II must be rendered in ac
cordance with the facts presented and the law bearing
on the case. The law must come from the Court The
duty of the jury to mote out justice Judge Bar
rett then continued ollows:-"We are not sitting
here as Court o. mercy OF for the purpose % G deal
there may be In the case, or whatever may have
been said that would tend to warp your judgment,
you have nothing TO do with in this temple Of
Justice; have you anything 10 do with popu-
lar prejudice passions On the other hand you
have nothing to do with the sympathy which may ro-
suit from the sad Appearances Of the friends and rea
tves OF the prisoner These matters must be efl en-
trcy out OF your consideration. The Law deals merci
fully with all prisoners on trial The law itself Is
mercy. II requires, before any man can be placed on
trial, that be shall be indicted by grand jury
OF our citizens as preliminary to any
safeguard Of the bengnant principle Of the
presumption Of innocence until his guilt s fully esab
lished He has the right TO and does obtain an Impair
tal and unbiased jury selected with the greatest
and consideration. He has the right by law to set
aside thirty Jurors who may seem perfectly fair by his
mere will and TO bo confronted With the witnesses
against him and to crossexamlne them, aDd also to
process procure his own witnesses, TO
counsel Of his selection and TO the benefit OF that
other benignant rule, that his guilt must be esab-
lished beyond any reasonable doubt and, finally,
he is entitled to unanimity on the part OF tho
twelve men sitting In judgment on him. II seems TO
that around every prisoner there are almost impreg
nablo bulwarks sufficient almost always 70 shield the
innocent but these safeguards are Intended as shield
the innocent not dark avenue OF escape Tor the
guilty. We must to II that they arc upheld as
protection TO the weak and shield to the innocent;
and the other hand TO II that no guilty person
escapes the tortuous Of the forms Of the law
Their purpose is wholesome, wise and just but their
laxty IN administration or doubtfulness in
result but precision, accuracy and certainty before
punishment is Inflicted. II may be asked then, what
does society rely onY She throws these safeguards
alike around the guilty and the innocenti the vies
criminal is entitled 10 their benefit person caught
rcd handed in the most heinous crime the midnight
assassin the person caught pouring poison nto cup
for another entitled 70 these forms and TO this
presumption OF innocence, until tho crime Is proved
and the benefit of reasonable doubt and society
relies upon and its sole reliance the honesty
intell gence fair. mindedness and hrmncss OF its
juries Tho intelligence, impartality and fair minded
ncss OF the jury who protection 10 the innocent are
also sword OF justice TO the guilty. Therefore you
see that your duties arc responsible. III you
jurors are weak, lt is soon known in the
purlieus OF vice and the haunts Of crime; and
if you are strong and intelligent and firm
IL is equally well known, and cannot tell how much
the purify uprghtness Of character OF Jurors
~.