New-York tribune., 1903-03-14
RLPPY EGANNELLi

Mr.. ScanneIl, the former Fire Commissioner,
can at las. take heart. His trial on charges OF
neglect of duty and conspiracy with William L.
Marks to defrsud the city will not much longer
be delayed. 1t is great while since Mr.. Scan
nell was tried for crime and he was beginning
10 get impatient. We do not remember just
how many years it is since he last faced jury
IN the Criminal Court, but early in life he
formed the habit Of being tried, and feels the
lack Of excitement in these piping times OF de-
murers and other lawyers delays
From the time of his first indictment on the
present charges, now nearly two years ago, Mr..
Scannell has been clamoring for trial on the
merits Of the case, and so to speak, dali be-
sieging the courtrooms, demanding instant vim
dlcation by jury of his peers. He encountered
tremendous obstac cIes, however, snd until now
has been unable to triumph over them. He fell
into "the hands of an unScrupulous providence"
Iaexorabie fate in the form Of an overruling
counsel played for delay while J was manfully
struggling for expedition. Not that Mr.. De-
Lancey Nicoll is literally an unscrupulous proyi-
dence, or an unscrupulous anything else. Far
from it. but as the general in command OF the
legal battlefield he pursues Fabian tactics which
are entirely hateful to the intrepid spirit Of Mr.
Scanneli. armed as he is in conscious innocence
and fiery with zeal for vindication. His case
ls really pathetic. When we recall his noble
RAGE and haste to clear his honor when it was
6rst charged that he had conspired to make the
Are equipment dealers give Marks a rake-off as
q condition Of sales to the city-sometimes at
their expense, and sometimes at the city's-it
seems indeed hard that he should have been
prevented from facing a jury at once. His law
yer however, in spite Of his struggles, held him
back ARMY by a successful demurrer. We
know the lawyer code Of duty, which is to In
terpose every possible technicality between a
client charged with crime and jury verdict on
the merits We suppose the theory is that
something might 60 wrong, even with the inno-
cent man and immunity without a vindication
Ga the hand Is worth a couple Of acquittals In
the bush Nevertheless, that sort Of suspense
was a terrible strain on q high minded man like
Mr.. ScanneIi, who from his earliest youth had
moved eniy among men OF the highest honor
and never biunted the edge OF his sensibilides
by training with thugs. after the fashion of
some politicians.
Not only once, but twice, has Mr.. Scannell
been deprived of vindication. After a second
Grand fury had indicted him-that was away
hack :n Mayor Van Wyck's administTstion-his
Fabian mentor seemed about 10 give him vim
dication as soon as the political contest then
tuet coming on should be over. But, instead, he
decided to demur again, and he did it in form
20 complicated that Mr.. Justice Scott has been
ucnfhs In unraveIiing the :angie and rescuing
Mr. Eeanneu from his disagreeable position be-
fore the public. He ought to have faced jury
et least fifteen months ago, according to his
view OF The case-likewtse In the view OF the
DeOple, who thought that IL high official had
beea guilty Of crime the fact should be known
before the matter passed into ancient history.
But at last his chance L. come.
x&ka David q cid. stripped Of all the clumsy