The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-12-02
scnnncm, staudcrmanu, and Dolan

Joux scANNELL had the privilege OF
waiting three years for his final trial. IL
is true ne had been tried once before, when
the jury disagreed. But three ycais IA
good while TO hive even a second trial
postponed. ScANNELL stands acquitted.
JouN STAUDERMANN, for shooting girl
in the BOwery, for whose hand he had
been an unsuccessful sutton, was hurried
20 his trial. Unless he was insane there
was no defence, and his crime was murder
in the first degree, of which he was con-
victed. But after the trial brother OF the
condemned man turned mp, who stated
that he received Tn injury 10 his head
when quite young, which Mt tunes had
affected his reason. Another prisoner i'll
the Tombs made the following statement
to n reporter for the Tribune few days
| ago: SrAUDFRNANN talks on continually.
| lie kept me awake till four o'clock this
morning with his ravinR. He PAGES his
| cell, and sobs and calls on the girl he shot
| TO como TO him" There would seem 10 be
| MS much reason TO believe STAUDERnANN
insane "a there was to adjudge SCANNELL
So to say the least.
The prisoner who made hisremnrk to the
4
ed of the murder of JAMES ii. NOE. DoLAN
is admitted 70 lie q thief. and very bad
| character 1t will be remembered that
Mr.. NOE received his death blow while de-
terminedly resisting burglar who had
entered his building. The sympathy felt
for MIR. NOE. who fingered several days
after I, ceiving his injuries, was universal
and intense and the indignation and
anger conceived against his assailant, were
oorrespondingly strong. DoLAN WAS ar
| rested aud identified rs the man who had
pawned Mr.. NoEs watch the morning OF
the assault. short cane, supposed 10 be
the weapon with which the assault was
made, was found concealed near Mr.. NOE 4
premises and il was proved that DoLAN
| had been seen TO carry similar cane.
| There was other evidence tending to I'M
plicate him. But in the testimony at the
trial there was no fact proved which was
not reconcilable with the theory OF DoLAN's
innocence ms well ms with that OF his guilt.
As We understand the law of circumstan-
tial evidence, there should be circum'
stances in proof inconsistent with the
prisoners innocence, to warrant bis con
yiction; and not merely such as raise q
strong presumption of his guilt. The
watch may have been in DoLAEs posses
sion within an hour after the robbery
without his having committed the assault
He may have received IL from the maI
! who struck the blow. Some persons thlnl
that the more probable course Tor IN
transaction 10 have taken. They say tn
man who robbed Mr.. Noe would hav
been more likely 10 hand the watch 4
:. another to dispose of, than TO do it him
self. Then the cane though proved to b
2 like one that DoLAN had carried, was no
i proved to be the identical cane. 1t wa
{ shown on the trial that some of DoLAN
? testimony in his own behalf was untrue
I but il by no means follows that because
o man is n liar he is necessarily murderer
o We consider the circumstnntial evidenc
\ against DoLAS strong. IL may be muc
!. more likely that he committed the mu
e der than that he did not He may confo'
d the crime before he dies and clear up a
Z, doubt; but all the facts ms yet known,
e we understand them, might exist, and SIT
n the prisoner not he the man who struc
/ the blow. However that may be, he
~ known to be such n bad man that publ
u, y sentiment continues, US II was Mt the tin
NJ of the trial, strongly blnscd in favor
IN hanging him, anyhow. We suppose it W
IA through Difference to this strong curre
ne of popular feeling that Judge BARREI
who presided at the trial, remarked 10 Il
ID jury; 81 concur more than concur
to your verdict II the learned Judge W
10 tell Mr.. A. Oakley HALL what n Jud
q does when he more than concurs, perha
a "A
ne to the interest of his d6bw.
nj If SECoR RoBEsoN gets up his naval WI
he what will become OF the officers wives a
ma babes now domiciled on the national vessel
nt II would be an outrage again1t civilization
n subject them to the dangers OF an engageme
49, and no humane person would wish to send th'
- helpless portions Of the crew adrlft III wlnt
IL weather. SECoR robson may Intend TO
his tender charges tn save his shi pa from bel
ns blown to pieces. In case Of an engagement,