Year: 1875

coNCLUDED-ADDRESS IN BEHALF OF THE


PRISONER.


The trial or John scannel which was continued
yesterday the Court OF Oyer and Termner is rapidly
drawing to close, and will probably be concluded to-
day There the usual attendance OF spectators,
snd considerable interest manifested in the result
OF the trial All the counsel engaged in the case
were promptly on hand Judge Barrett taking his seat
on the bench at halfrast ten o'clock


Before tho trial was resumed motions were made TO
Judge Barrett for stay or execution in the case Of
John Doan, who was convicted FOR the marier OF Mr.
Noe, and also In the OF Jacob Standerman, who
murdered Louisa Leberman for refusing his offer OF
marriage. The Judge denied both motions.


The hrst witness examined in tho Scannel case was
John Murphy. who deposed that Thomas Donohue
dangerous This opinion was
founded on the fact that in pre-
vous ARRAY Thomas Donohue tried to shoot
him. Thcy had been carousng all night after the or
ganization OF political club, and the police were sub
scquenty compelled 10 interfere Donohuc asked the
witness TO so into the yard and fight duel


Counsel for tho defence desired TO offer corroboratve
testimony but the District Attorney ntimatcd that the
truth OF tho testimony would not be questioned.


TESTIMONY or RALPH L. PARSONS


Dr. Ralph L. Parsons, examined by Mr. Beach, testi-
1ed that he had for many years been connected with
the New York Insane Asylum lie described at
length tho nature or diseases Of tho mind reference
being made to tho symptoms in Scanncl's case In
sanity he said, could not exist without physical
affection in tho brain, and the theory Of moral in
sanity without such affection OF tho brain was
a faacy the only method OF determining
whether the brain Of living was diseased was to
observe the symptoms sconcc Afforded way of more
direct examination; in ordor to determine whether
homicide the rcsul, Of diseased mind or Of aroused
passion it was necessary to inquire into the mans pre-
vious lifc aud conduct, aided by personal observa-
ton; for instance, If sudden aud great change
had taken place importance should bo attached
to it; insanity may be produced by intense sorrow or
by long brooding real or supposed grievance;
the intellectual faculties werc not necessarily do
stroycd BY insanity and in many cases were not even
mparod occasionally lunatics roason and sometimes
with remarkable skill and vgor II was difficult TO
judge of the sanity of man by single act, taking
the fact by itself; the effort of a man to escape
after the commission OF homicide should not in1u-
ence judgment to his insanity; homicida tendencies
were often capriciousy shown, especially in
wherein there emotional element in the dis
ease; what is known mclanchoa was usually at
tended by mental depression ecpessness restlessness,
attenuation and settled, sad expression of
countcnance although iunatics occasionally
Tonson oss logically they oon agus o@ n
unrcasonaby and then make deductions reasonable IN
themselves It IS common for lunatics TO believe that
revenge for real or anced wrong was just, and there
may exist irresistible impulse to do what the person
know to be wrong the will power being weakened In
response to Mr.. Beach, who in putting question,
scrbod tho incidents surrounding the OF Scannel
the Witness assuming the hypothesis stated that tho
prisoner was Insane at tho time he shot Thomas
Donohue


Counsel asked whether such q confinement as Scan
nell had endured in the Tombs would tend to induce
covery Of mental balance and the witness responded In
the affirmative. He also stated that Improvement 10
his mental and physical health, shown by The prs-
in this trial. ought not TO affect judgment Of bis
previous condition OF mind.


In cross-examinaton by Mr.. Rollins the witness
stated that he did not regard spritualiss insane
although there might bo delusion; clear aud intel
lgent statement OF symptoms enables expert to
judge OF person supposed to be insane but OF course
personal examination would be better witness had not
made any examination Of Scannell what might lnd
cate insanity in one person might not so show 1t in
another there was nothing In the testimony to indi
cate that Scannel did not know tho wrongulness Of his
act in shooting Donohuc; lunatics having homicdal
propenstes usually kill persons against whom they
have reasonable observation-disclosures, strangers or
whoever happened TO be present at tho time yet they
might act upon motives such would influence
people; asa general thing maniacs we're likely TO for
get the oscntmcGts which they entertained when they
Of sound mind.


Iu crossexaminaton the witness stated, in reply to
Mr. Rollins, who put hypothetical question in refer
to the prisoner, that nearly he could think,
taking tho facts Mr. Rollins had presented them,
there was not sufficient evidence upon which to base
opinion that the prisoner insane; but the vital
points were lacking upon which to form judgment


In reply to Mr. Beach the witness stated that
maniacs often perfectly rational upon every SUBJ
ject except the affected by their deuson. tho in
trait being occasionally unreveaed in their ord
nary conversation.


At this stage tho Court took the usual recess


AFTER RECESS


TESTIMONY oP DR. WILLIAM SHINE


Or. Shine, examined by Mr. William r. Howe, test
fed that be the Deputy Coroner at the inquest
the body Of Florence Scanne The actions of the pris
on that occasion were remarkable, his manner
being very violent He saw him subsequently at Long
Branch and at ono Of the there he trod on SOW
crHi VIII hn
was doing remember the occasion OF the post mortem
examination Of Florence scannel; the prisoners
demeanor exceedingly strange and he had 10 be
moved witness subsequently met the prisoner and, in
the course Of convorsaton he persistent in assert
ing The fact that his brother still lived; evidences OF
anndice strongly noticeable in the prisoner and
his generally seemed to be rrational from the OBJ
servon Of witness the prisoner appeared to be insane


The witness was briefly cross-examined and the de-
fence closed


REBurrISc TESTIMONY.


Officer John Caliaghan was examined and testified
that he tho station house when the prisoner
taken there the day his brother sho be heard
him say that If hts brother should die he would bo


oGieer Jacob vysc testified that he was also present
at tho station house when tho prisoner taken
there he saw him knce down and heard him state that
no would be revcnged.


This closed the for the prosecution and recess
was taken for twenty minutes.


Sir Beach addressed the jury on behalf Of the pris.
oner In the Of eloquent and forcibo appeal
the learned counsel contcndcd that the homicide
iustifable. BECAUSE when the deceased and
tho prisoner met In Johnson's pool room
the latter apprehcnied danger, and In
sefdelence shot tho person he considered
10 be his dangerous foe When the counsel alluded TO
tho theory that in tho fracas which occurred in Dono
hues saloon the prisoner accidentally shot his brother
the accused became with emotion aid had 10
be removed Counsel submitted that az the time OF
the shooting Of Donohuo the prisoner insane and
insisted that the evidence clearly pointed 10 that fact


Shortly afteF six o'clock q recess taken


The Court resumed its session at O'clock when
Mr. Beach again addressed the jury on behalf OF tho
prisoner He contendcd that the evidence clearly
pointed his insanity AT the time OF The shooting Of
bonohue and cited several authorities support OF his
argument


At nine clock the Court adjourned until ths morn
ing.