The New York herald., 1875-12-02
THE COURTS.
Closing Act in the Scan-
nell Drama.
He Is Sent to the Utica In
sane Asylum.
A PRESENTMEyT AGAINST POOL SELLING.

Aner three years Of more or less active preparation
and two separate Of two weeks each, but with
rather different marked results, the last scene in the
scannoll drama the Judicial stage enacted yes
erday the Court Of oyer and rermlner before Judge
Barrett The last scene, however, was more OF an
after play than integral part Of the drama itself
As win be remembered the conclusion Of the trial.
resulting the acquita Of scannen the ground OF
insanity Judge Barrett directed the prisoner be
brought before him yesterday with the view to deter
mine what disposition TO make Of him. As naturally
might be expected the court was densely
crowded. scannell, who had looked 50 sereney com
posed and Indifferent throughout the trial, who had
been 10 his dress and full ofbows and smiles
could hardly look and smiling. In fact he
the picture Of content, and on taking his
toned seat chatted with air Of easy indifference
with his counsel-Mcssrs William A. Beach, william r.
Howe Charles Spencer and Peter Mltchen-al Of whom
we're promptly in attendance. His wife, who on this
brought their child, sweetlooking little girl
with her, likewise present, also Scannes sis
Ter
Immediately upon the opening OF the court Judge
Barrett announced that since Saturday evening he had
carefully examined the law regard TO this He
said that he felt embarrassment when he first read
the statutes but that had finally made up his mind
Under the act Of 1872 is provided by the
thirty arst section OF that act that II upon proper
Inquiry by jury otherwise accused criminal es-
eapes, or fails TO be indicted is acquitted of the
commission Of any crime the plea OF insanity he shall
be sent to some lunatic asylum, there remain for
and observation until it appear that he be
leased without danger But upon further examina-
lion he found IN the twenty section Of the act
Of 1874 provision directing the Judge 70 ascertain,
upon inquiry, whether the insanity continues not
Having looked thus far he had grave doubts
whether his duty compelled him to commit the prisoner
for observation and accordance with the act of
10
make the inquiry himself But these doubts
were removed by still later amendments tchap. STA
Laws OF lS75 striking section % which directs the
Court to inquire and substituting amendment sthe
cost Of any commission Of unacy issued by the Court
shoud be charge upon the county, &C." and the rest
k omitted. Section 81 s amended TO read sWhen-
any person accused OF the crime of
murder shall have been acquitted the ground Of
insanity, the jury shall bring in special verdict and
30 state In their finding, and the Court shall order
sach person 70 be committed to some State Lunatic
Asylum, there to remain for observation and care
until such time as justice OF the Supreme Court
shall deem II safe and legal to discharge him" This
was wise amendment, throwing the burden of in
curry 10 the continuance of insanity upon the
Court but some proper asylum. Il shall therefore,"
continued Court sas should have on Saturday
evening II had had opportunity for this investigation
order that the prisoner be- TO the language Of the
Statute, committed to the State Lunatc Asylum for In
Criminals at Auburn there remain for observa-
hon and care until such time in the judgment Of
Justice of the Supreme Court founded upon satisiac-
ory evidence, 1t Is SAFE legal and right 70 discharge
him"
Mr. Beach-Your Honor the prisoners counsel and
hree years have elapsed sirce the homicide, they
think Indications enough about him Justify
The of careful critical scrutiny by accomplished
experts But while acquescng in thai disposition OF
bhe person OF Scanne his counsel have antc pated
thar when jury OF his countrymen had acquitted him
81 all crlmtnaty that The discretion OF the Court
would be exercised, when there other safe and
petent asyums, in sending him TO the communion and
association Of insane convicts, and his counsel and
friends deeply aggreved that under the verdict OF
the Jury and The circumstances he should be con-
Egned % that ass6caiion.
Judge Barrett-That, in my judgment is not called
for The choice OF asyums, in my Judgment rests
with the Court Notwithstanding the verdict Of the
bury this cannot be turned into anything except an
escape of person indicted for murder on the ground
Of insanity and within the legislatures definition,
seems to me, Of an insane criminal II Is matter
~ total indifference to the Court what lunatic asylum
shall be chosen, and this chosen TO follow
Ehe Legislatures intention and command Whether II
b a better asylum than the others don't know. /
know nothing Of that
Mr. Beach-Permit me 20 protest against the idea OF
Your Honor that Mr. Scannel is to be considered
criminal The jury have acquitted him or crime
the ground of insanity and state law that
insane shall be convicted or considered guilty Of
mat a citizen acquitted the ground OF
want of offence shall be considered a crmi-
nal. ! know nothing about Auburn Asylum.
only know that it Is connected Nth State Prison.
and that hose adjddged guilty Of crime admitted 10
lhat asylum The teegEss Of hr Scannell's counsel
and relatives which have expressed arise from the
circumstance that being acquitted OF crime, seems
70 harsh and degrading when there IS opportunity
for safe careful observation Of his
In other ayums that he should be sent TO that sort Of
association.
M spencer-Permit me respectfully to suggest
Mat Mr. Scannell be the asylum at Utica The
object Of the Legislature will be more properly carried
out there The physician, Dr. Grey, has no superior
respectfully suggest whether you could not consist
sntly with sense OF duty commit him 70 Utica, where
hey are better capable Of Judging and observing than
a. other places
Judge Barrett-The view entertain about it is this
The jury, by finding the prisoner not guilty, on the
ground Of insanity, necessarily hnd against him on
every other question Of the case, such tusti1able
Aomcide; and they find that, bat for the insanity,
there would be murder in the nrst degreei and there
fore but for the insanity, the prisoner would be
criminal In consequences OF the insanity he is
eent; and from that II 10 me that there is no
uuestiou but that he comes within the definition Of
insane criminal The Legislature, | think, intended
mch lunatcs 70 be sent to Auburn for tins reason.
The other ssyams deal with insanity generaliy-wlth
Insane patients who have not committed crme-and
lhelr specially 10 not homicide. Now, in the OF
Ihis particular prisoner ! apprenend that the
studies OF the experts ran ~ the direction
Of homicida mania, or mania resulting IN
arson or attempted homicide II 70
that the case Of the prisoner is within the limo Of
duty for this particular asylum. They treat nothing
plsc except manias for arson and homicide. AT the
time wish 70 deal with this matter with absolute
Justice, not only 70 the people but 70 the prisoner II
seems to me that would DO a discretion
init him that asylum TO which the Legislature in
tended insane criminals should be sent though gem
sra discretion Is given 70 the asylum where such
treated, bat lest might act unwsely, will
consult my brethren OF the General Term and take
her opinion, and If It is adverse TO nine shall be
very happy 20 change IL
Mr. spencer-Auburn Asylum viii be found a very
unsuitable place.
Judge Barrett then retired. and after consulting with
Judges Davis, Brady and Daniels OF the Supreme
Dourt General Term returned 70 Court and said
There be difference Of opnion about the
question | think that, the advice have taken and
considering that there is difference Of opinion, shall
throw my decision into tho scale Of what mercy
shall give him the benefit OF the doubt and consign
him 70 the Utica Asylum. ] may say Mr.. Beach, that
there Is some question az 70 whether il was legal and
right 70 send him 20 the Auburn Asylum The language
b "some State ssylum.n The one At Auburn may be
part OF the state Prison.
NJ pnaNh T4h ufw a. trc Ctasa
Judge Barrett ordered the commitment TO send Scan
nell 70 the Utica Insane Asylum 10 be made out and
the Court adjourned to week from next Monday.
Bcannei and bis friends withdrew the order had
been signed evidently entirely satisfied With The result
BLOW AT POOL SELLING,
The Grand Jury entered the Court Of General Sessions
yesterday Recorder Hackett beng on the bench and
preeented their final hatch Of indfetmcrte .nua.b..