The New York herald., 1875-11-23
JOHN SCANNELL'S TRIAL.
The Story Of the Shooting OF
Donohue Rehear9ed.
A SPEEDY TRIAL ANTICIPATED

Court Of oyer aud Terminer Judge Barrett presiding
The court was not inconvenently crowded As the
case has already been tried once and the facts have
been fully developed, the investigation created but
little interest The prisoner John scannel took his
seat m the court room about halfpast O'Clock He
very calm and ipossessed, and listened to the
Evidence with great attention. His wife and sister
occupied seats near him. District Attorney Phelps,
assisted by Messrs Lyons and Rollins appeared for the
prosecution the prisoner being defended by Mr. Beach,
Mr.. Charles Spencer and Mr.. Peter Mitchell
THE DEATH OF VICE PRESIDENT WILSON
At the sitting Of the Court, District Attorney Phelps
rose and snd he supposed that under ordinary cir
cumstances attending the administration of justice
in the progress Of ordinary trials such intelligence as
had just been received would result in an adjournment
Of the Court testimonial of respect and esteem for
a long tried and faithful public servant The death OF
the Vice President the United States certainly
event that called for manifestation of public sor
row. The eminent gentleman whose career had just
closed in death was himself for many years faithful
and industrious servant OF the people, and
he was sure could he express himself he would not
wish that serious public duties should be interrupted
for the purpose of paying tribute to his memory,
and, therefore, while he Nhe District Attorney most
heartily expressed his admiration and esteem for the
late Vice President of the United States and while be
would most willingly join in any tribute to his memory
and public services, at the tme under the cir
cumstances, he thought that expression by the
Court in regard the event should be entered on the
minutes and that being done the cause should be pro-
ceeded with
Judge Barrett said he learned with pain OF the death
of the Vice President an eminent public servant,
whose loss would bo deeply depored, and a memento
would be entered the minutes bearing testimony to
the fidelity, usefulness and ability Of Mr. Wilson
faor
had when the administration Of justice must
proceed in the usual way despite the unfortunate oc
currence which they were called upon to mourn. 1t
would be particular tribute TO the deceased II would
rather be an embarrassment to the administration or
justice if they should delay the trial OF like the
present which had already been somewhat protracted
and likely to be still moro protraced in consequence
of the number of witnesses to be examined and the
fact that holiday is about to intervene the observance
of which the law compes He had doubt that
expression the part of the Court of its in
token OF its esteem of the deceased would under the
circumstances, be all that would DO desired The Clerk
would therefore, record Of the proceedings
the minutes
THE CASE FOR THE PROSECUTION.
Assistant District Attorney Lyons opened the case for
the prosecution and briefly narrated the facts Of the
case He said that on the 10th OF February,
failed to agree. The interests of justice now
demanded that he be tried again Counsel
discussed the question OF insanity, which was the de-
up the part of the prisoner and submitted
that the question for the jury to determine was
whether the prisoner had sufficient mental capacity
knowt consequences Of his act before the shooting
TESTIMONY OF EDMUND STEPHENSON
Edmund Stephenson was the first witness examined,
and in reply to District Attorney Phelps, dcposed
folows:-I knew Thomas Donohue prior to November,
1872; knew Scannell by sight; saw him on the
room saw Mr. Donohue aud Mr. Nesbltt ad-
vancng toward the bar; l heard tho clock
strike nine and started TO go OUT met some
friends and stopped to speak with them, when heard
the report OF pistol everybody rushed TO the north
end OF the room; saw man pointing pistol, but
did not see what he firing at presently | saw q
man with black curly hair, who exclaimed 'sFor Gods
sake, help the man up; he may not be deadl recog
nzed Mr. Scannell the person with the revolver in
his hand and on looking at the man the ground |
he was Mr Donohue; he lay with his face down
on the floor parallel with Broadway.
To Judge Barret-The shots were fred about as rap
Gross examined by Mr.. Beach-wnon l turned
around, after nearing the pistol shots, Scanne stood
TESTIMONY OF GEORGE LADD
George Ladd was the next witness examined:-I re-
side at No 2l3 West Thrty street. and my place Of
business is at TlGanys; was at Johnsons pool room
on the night Of the I'd Of November 1872 pres
ent at the time OF the occurrence in question: when
first heard the pistol shots sitting down near the
door; heard the shooting looked around
and saw man firing downward at aperson lying on
ground, and seemed TO change his position at each
shot; saw Scannel leave aud again when he returned
in charge Of an oaicer did not know either ScanneH
or Donohue
TESTIMONY OF SHERIDAN SHOOK
Sheridan Shook testided-I knew Thomas Donohoe /
and John Scannell prior to the death OF the former
Johnson's pool rooms the night OF the 22d Of
November; saw Scannell there few minutes before
the shooting; he was near the oyster stand had
few minutes conversation with hun; he LETT me there
and did not observe where he went when heard the
firing was the post and the oyster stand the
81 ms I
Witness indicated the diagram where he stood when
the shooting occurred and continucd.-After heard
the shot turned around and stretched on
the floor, with his face down, near the steps OF tho
doorway; also saw the prisoner, and think his left
foot the STEP with his right foot the floor he
had pistol In his hand and he standing the
person on the floor; saw scanne go out
Mr. Beach-How soon after you heard the report OF
the pistol did you turn round?
witness-Immediately prior to that had known
Scanne three or four years. remember the occasion
OF the shooting OF his brother, Florence Scannei the
prisoner seemed to me to be excitable man,
vous temperament saw him after his brother was
shot, but do not remember his appearance TO health,
TESTIMONY oR JAMES BARTLETT.
was In Johnson's pool room the night OF the
rence knew Scannell and Donohue; saw Scannell
there; he up and spoke TO Mr. Shook and myself;
he went to the pool selling and remained at the
oyster counter and in few moments heard tho report
OF pistol; saw man fall near the platform at tho /
bottom of the steps at the entrance; heard four
Ave shots and saw scannel fire them; he was stand
ing up. shooting downward at the man, who
the ground, whom recognized as Donohue
To Mr.. Beach, did not any man standing In his
near the door, nor dld see Scannc point
his pistol IN the direction where he was standings II
such occurrence took place would have seen 1t; +
had not Scannell for three four months before
that time; | remember tho shooting Of bis brother /
Florence saw Scannell month alter that ho did \
not look we'll; he seemed to be wild and excited; \
saw him several times and he always looked bad; he .
looks about the as he did when saw him in
the pool room, though he seems TO be somewhat
stouter
JAMES cAssry
James Cassin testified that he was IN the pool a
the time OF the shoOtng he approaching the door
from the west side of the room; he saw shots
fred; no was about fifteen twenty feet from the
door witness saw a man fall and another with pistol
his hand tile latter moved toward the door arcd
again.
AFTER RECESS.
TESTIMONY or JOHN NEsBrTT.
I reside at No 406 Second avenue; knew Thomas
Donohue and was with him at Johnson's pool room
about half past eight O'Clock the night o the % Of
November, 1872; we're there only short time be.
lore tho shooting; separated from him when | went
10 the pool roomi went 70 little side room; Donohue