The New York herald., 1875-11-24
JOHN sCANNELL's TRIAL.
THE CASE FOR THE PROSECUTION cLosED-THE
DEFENCE BEGUN-AIIEGED INSANITY OF THh


DEFENcE BEGUS-ALIEGED INSANITY OF THh
PRISONER AFTER HIS BRoTHER's DEATH.
The trial Of John scannel resumed yesterday
morning in tho Court o. oyer and Terminer Tho
rapidy with which prosecution closed caused some
surprise although it is anticipated that the rebutting
testimony will occupy some days large throng
assembled IN the vicinity Of the court ROOM but, owing
10 the admirable arrangements confusion or over
crowding took place. The trial was conducted with
remarkable smootnness, no incident calling for com
having occurred The prisoner, who occupied seat
near his counsel Mcssrs Beach, Spencer and Mitchell
maintained the same quiet department the day
preceding His wife sat beside him during the prog
OF the trial and seemed take deep interest in
the evidence District Attorney Phelps, with his
assistants Messrs Rollins and Lyon, conducted the
for the prosecution Judge Barrett took his seat
the bench promptly at hafpast ten O'Clock, when
the investigation was at resumed
The first witness called was Or. Marsh deputy
oner, who made the post mortem examination OF the
body OF Thomas Donohue He testified that the dc-
ceased had been shot in five places three times IN tho
head and twice in the arm he also discovered bullet
imbedded under one Of his RIBS It had evidently been
there some time.
This closed the prosecution.
CASE FOR THE DEFENCE
Mt Charles Spencer then opened the case for the de-
fence He reced the story Of the shooting OF Florence
scannell the prisoners brother, and described vvdly
the effect Of that event upon his organization
and uponhis Counselalso called attention the
verdict of the coroners jury the inquest the body
OF Florence ScanneI, charging the killing on Thomas
Donohuo. He submitted that all the circumstances
OF the clearly pointed TO the fact Of the prisoners
insanity brought about by unbounded grief at the
der OF his brother
The first witness called for the defence Garrett
Brown He stated that December g. 1862 he went to
Dononues saloon with John and Florence Scanneil and
others Donohue there at noon Florence said TO him
"How do you do John % Several other persons were in
the saloon Donohue replied, chow do you do ?" The
saloon was on Twenty.third street. corner OF Second
avenue; Donohue behind the bar; Florence tried
TO open the door Of back and somebody called
ont, Don't go In there and he came back to The
bar, leaning his back against It; John Scannel and
witness went into the back room they heard pistol
shot and somebody shouted "John, Florence shot;n
they went back into the barroon and found Florence
sitting the floor wounded; just then Donohue
ont with pistol in his hand two or three shots were
fred subsequently,; the people in tho back were
registers of election.
In cross examination by Mr.. Rollins the witness
stated that he had known the Scannells for long
time; on the day In question he met them in Second
avenue, and Florence asked them TO take drink; wit
did not know they we're going to Donohue's sa-
loom they did 60 there to create disturbance he
did not know that Donohuc was wounded; he did not
any pistol taken from Florence
TESTIMONY or WILLIAM AISsLEY.
William Ansley testified that he was in Donohue's
saloon at the time in question; he went there with
Scannell and his friends Donohue behind the bar
witness saw Donohue take pistol out Of the drawer
and put in his pocket Florence went to the door OF
hs s aa II wSen Tea as ss said
don't 20 ID there;n Florence thereupon came back TO
the BAR Immediately the door of the back room was
opened from within, and four or FIVE men rushed OUT
IN the rush Of the men in the front was Knocked
down; Florence was leaning against the bar, and
smile was on his face the man who fell was lying on
his face Donohue then took out his pistol and placing
il against Florence's back fred Florence Immediately
sunk on the floor witness took pistol out OF Forences
pocket in order defend himself John Scannell then
rushed in from the back door and asked who shot
his brother, when witness told him II was Donohue
who meanwhile put pistol on his left arm and re-
treated from the bar; John Scanne fired at him; he
rst caught the man who fell on the floor and must
have fred two shots at him. Florence was conveyed TO
Bellevue Hospital, he died in the month Of July follow
ing
The witness was crossexamined at length by Mr.
Rollins, N the course OF which he stated that he did
not 60 Donohues saloon 10 create disturbance.
TESTIMONY or GEORGE MAGRATH
George Magrath, who was an Alderman from 1868 10
1870 testified that he knew Thomas Donohue for years
he saw him once with pistol in his hand; he got into
a quarrel with another man, when Donohue went be-
hind his bar, took pistol out of the drawer and came
front OF the bar the other got behind the wit
and Donohue did not dre they afterward became
friends
TESTIMONY oP NICHOLAS HAUGHToN,
Nicholas Haughton testihed:-t knew Thomas Don
ohue; was in the city when Florence Scannell was
shot, that day took a pistol from Donohue's
saloon; the day Florence shot Donohue
arrested and taken Jefferson Market; he requested
go his store and get his pistol and some
oranda that were IN cigar box behind the bar; did
so; Mr. DOnohue was released that day. Counsel pro-
duced Scannel's pistol and the witness said that
unlike the pistol he got in Donohues store Tie pistol
found 10 Donohue's pocket was also produced, and
witness said it like the he had taken Dono
hue; OF the barrels Of the pistol was discharged
Mr.. Beach put evidence the verdict OF the Coro-
ners jury in the Of Florence Scannell, setting
forth that he by his death the hands Of Thomas
Donohue and the bailng OF the latter IN the sum OF
SO, O00
TESTIMONY or THOMAS JOHNSON.
Thomas B. johnson. the proprietor Of the pool room
at the Of Twenty-eghth street and Broadway
stated that he had known John and Florence Scanne;
they II the habit Of coming to the pool room: he
lad known the Scannells they boys and he
noticed that they we're exceedingly anectonae toward
each other.