The New York Herald Newspaper, March 8, 1873, Page 3

SCANNELL. —-——_ Close of the Pool-Room Murder Trial. THE SUMMING-UP ADDRESSES. A Twelve Hours’ Session of the Court. JUDGE BRADY’S CHARGE. Scannell Overcome by Excitement and Emo- tion in the Court Reom. “WAITING FOR THE VERDICT” Day and Night Scenes in the Court. FIVE HOURS’ DELIBERATION. No Result Reached and the Jury Locked Up for the Night. The trial of John Scannell for the murder of Thomas Donohoe in Johnson’s pool room, corner of Twenty-eighth street and Broadway, on the 2d of November last, and which occupied the Court of Oyer and Terminer and a jury for twenty days, was brought to its close last evening. It being pretty generally understood that this result would be teached, the court room was thronged with an anxious but (as hitherto throughout the trial) a quiet and most attentive auditory. The prisoner was brougnt into Court at the usual hour, attended by the Deputy Sheriif, his specially appointed cus- todian and escort during his conveyance from and back to his cell in the Tombs.. His wife, mother, sister and other near relatives sat near him during the day in the seats reserved for them from the be- ginning of the (to tnem) harrowing scene to the close late last nignt. It was generally observed that Scannell looked more anxious and careworn yesterday than on any previous day of the investigation. The depression under which he evidently «labored eventually changed to a con- dition of great mental excitement, and which ex- hibited itself in a well simulated or real paroxysm, or outburst of overstrained feeling, when Mr. Beach, in his summing vp refered to the ».is- Oner’s affection for his dead wv. "he: THE SCENE IN COURT. Overcome by his feel ygs, vr deeming it a prop” time for a little display of lis .motional mani® tu. suddenly threw his head ,on his hands, uttering some unintelligible words, The attendant Deputy Sheriff endeavored to rouse him into an upright position in his seat, when he quickly rose to his feet, pushing away the officer. His counsel also put his hands upon him, and strove to restrain him and bring him back to himself, but he broke away from him, exclaiming, ‘“‘Iake your hands of me—let me go. out of this.” His mother, greatly affected, cricd out in her grief, and followed the prisoner to the clerk’s room, where he was instantly conveyed. Sheriff Brennan was on hand, and, after admitting the wife and sister and brothers, closed the door. Mr Beach, at the suggestion of the Court, discontinued his. summing up till the prisoner should return, Judge Brady saying that he would not take the responsibility of permitting the case to proceed in the prisoner’s absence. There was some sensa- tion manifested among the audience at this epi- sode, but it must be admitted that the general feeling was not in sympathy with the prisoner's act, the conviction being that the little affair “was puton.” After about twenty minutes the prisoner was again brought into court, but he did not re- sume his usual seat at the table, near his counsel, but with the attendant officer sat facing the door leading into the Special Term court room, with his back to Judge, jury and counsel. The summing up of Mr. Beach occupied the whole of the morning session up to recess. Dis- trict Attorney Phelps then summed up for the prosecution, occupying four hours in the delivery ofa well digested and analytical review of the principal points relied upon by the defence and the prosecution. Then followed the charge of Judge Brady to the jury, which we give in full. ‘The cuarge was not a very lengthy one, occupying but twenty-five minutes in its delivery. The charge, however, was accepted as a most impar- tialone, Judge Brady made very little reference to the testimony, confining himself to a clear ex. Position of the law which was to govern the jury in coming to a just verdict. No ¢xtraneous appeal ‘was made to them as to their duties in view of the solemn responsibilities they were under to do Justice to the people and themselves in coming to @ decision, but the Court, properly left the facts elucidated by the testimony, to which they had attentively listened, and his interpretation of the law as submitted by him, to their own intelli- gence and appreciation of the duties imposed upen them by their oaths, CONCLUSION OF SUMMING UP FOR DEFENCE. Mr. Beach, before resuming his summing up, took occasion to state that the rumor which pre. vailed that one of the associate counsel for the de- fence, Mr. W.F. Howe, had withdrawn from the case, had no foundation, that gentleman was en- gaged on the previous day in another Court. Mr. Beach then procecded with his summing up. Hie spoke of the causes which led to the prisoner’s state of “mental irresponsibility” in which be was when he shot Donohoe, and then referyed to the first attempt on Donohoe’s life by the prisoner in September, 1871. The fact of the prisoner hiding at the time, lest, as he stated, “he would be rail- roaded to State Prison,” was, Mr. Beach thought, in no way incompatible with the theory of his in- sanity. A SCENE IN COURT. At this stage the prisoner let his head drop under the table, and called the attention ofall in Court tohim by giving utterance to aseries of short, hacking, barking coughs. Deputy Sheriff Demp- sey, who was sitting immediately behind him, ‘ eaught him in his arms, inorder to raise him up on his chair. Having succeeded in doing so, Scannell became violent and, attempted to tear himself away from the grasp of Dempsey. His face was much fushed and his eyes fastied wildly about him. Mr. Beach caught him by the arm, but Scannell threw off his hold and struggled to get free {rom the others who now gathered about him, at the same time looking toward the door of the ante-room and muttering, “Get out of here.” The audience became excited at this de- Monstration, and rose to their feet. Scannell was hurried into the ante-room by Deputy Sheritts, the oMcers and counsel. There Sheriff Brennan caught him by the arm gnd atéempted to soothe him, but he flung the Sheriffoff as though he were a boy, Bis mother, wife, sister and brothers followed him imto the side reom, where he walked rapidly up and down for about five minutes; he was then taken into Conrt again and placed on the oppo- aite aide of the room, with his back to the bench. Mr. Beach then continued his address, He drew a icture of the prisoner's filtal und fraternal affec- on before the death of his brother, and compared it with ahother picture of the extreme and radical change in bis conduct which took place after that event; how he became rude and annatural in his bearing towazd bis widowed mother and invaiid wister, his wishing an earthquake would swaliow ‘up the whole family, charging his mother with ‘wanting to poison her children; his beating his head against solid objects and tearing the hair out of his head; his inceherent conversation, and his. ‘Qinsion of yee leeping with and carats to his ead brother, These were certain signs of mental @erangement, The idea that they were assumed and acted jor two years was too absurd for com- meent Mr. Beach sajd, from all he heard of the NEW YORK HERALD, SATURDAY, MARCH 8, 1873—TRIPLE SHEET. miy aaared fr ve but a danger- » Mr. Beach for the prisoner, the staff of a Prisoner's conduct, af ne neara all he observed himself, he he was not only an insane ous man at tl resent cloaea bet a je aes Bla $l le was the eldes widowed mother, on whom she meget to lean dur- ing the remainder of her pomamen & wn the hill of life. Her most beautiful and it beloved had gone before her, taken a’ ‘by the builet of the man for whose death the prisoner now stands at the bar, The cold-blooded and cruel assassination of that son and brother caused the prisoner to stand in his present position; I dv not know that you believe in an over-ruling Providence, but I do know that an over-ruling Providence looked upon the assassination of Florence Scannel, and who could say but the same over-ruling Providence had crushed the mind of the accused? He knew he would not desert him now. ‘The crushed and | broken life of the prisoner might not be long—he might end it in the dreary cell of a lunatic asy!um, but he hoped the jury would not condemn him to the infamy and suffering of i! on the scaffold, With an expression of full confidence in the 1n- pres and justice of the jury and the Court, he left the life of the accused in their hands, It being then a quarter past one o'clock, a recess was taken, SUMMING UP FOR THE PROSECUTION. Mr. Phelps, District Attorney, then commenced his summing up, He said he was there not to con- vict the prisoner in any case, but to assist the jury in coming to @ correct conclusion, The defence have made out a very ingenious case, and the counsel, sithonga proiessing not to appeal to the sympathies of the jury, still he drew a picture that must necessarily have touched their hearts. But they should remember that there was another side to the case. Four montks ago Donohoe, unaware, was shot down by the bloody hand of the at the bar, andthe snows have apes high over his cold grave, and the winds ‘inter have sung a dreary dirge since then, while his cold-bi d and cowardly assassin sits in the Court with his pulse beating warm, and surrounded by friends and relatives, appealing to the sympatnies of the any and defending the prisoner with all the legal abilit and ingenuity money could procure, No person aj ared to appeal on the part of the vic! lying in is grave. The dead are soon forgotten, except what evil may remain behind them, Not only had Donohoe been foully assassinated by the prisoner at the bar, but the latter’s iriends and counsel dragged the dead man from his grave and slew him over again with a dagger of detamation and poured the gall of malice and misrepmesentation into the wounds, Mr. Phelps continued to speak dn this strain with great pewer and effect ier some ume, and then referred to the alléged shooting of Florence Scannell by Donohoe. He said the testi- mony was that a ig of desperadoes, headed by Florence and John Scannell, went to Dono- hoe’s place to wreck it, that a fight took place; in which Florence Scannell, Donohoe and & third person were shet, and that atthe time the eneral belief Was that Florence Scannell was shot y his brother, the prisoner at the bar. Dr. Shine, who testified for the defence, said he was under that impression on Florence Scanneil’s post- mortem eXamination, and that the prisoner seemed to labor under the impression also. Review- ing other portions of the testimony for the detence, Mr. Phelps said—What has the defeace proved + ‘That he was liable to fits and outburstsof rage at times—only this and nothing more. Outbursts of Tage, indicating insanity. hy, the idea is absurd. He did not exhibit them in the presence of his family. But he can go to his physician, and, with a methed In his madness, he breaks out into parox- ysms of rage, simulating insanity. But when he is told that he must not indulge in these paroxysms, that that was not the place for them, he becomes instantly quiescent. But while he is indulging in them the doctor leaves him to iimself, conscious that he was simulating @ madness which did not ossess him. Was that the course to be pursued yy & physician who entertained the slightest idea that the man was insane? That physician now tries to persuade himself that he was insane, al- though all the previous conduct and treatment of the man completely retutes the existence of any such conviction in bis own mind, Petulant, morose and moody 1 admit he may have been. Why, gentlemen, lét any one of you put himself in this man’s position; arm your hearts with this deadly purpose of revenge; put yourself in conflict with the laws of your country and of your God; imagine that you are in a position bound by open threat and solemn vow to carry ont that deadly threat of vengeance, even to the death o1 your en- emy; have thought ever present in your mind and heart, which is the man among you, where is the Tuan that breathes in this worid that is possessed with such @ passion that would not manifest in his outward conduct, that would not yield to occa- sional fits of depression and to frequent outbursts ot rage? The physician admits that in all his read- ings and in the course of his own great experience there was not an instance to be found where @ man having tormed and expressed the determina- tion to avenge an injury became insane. It 18, therelore, gentlemen, leit to you to establish a new form of insanity, never yet found in the books, never known to the observation of science, an in: sanity which confines its mantfestions to one ob- ject. This physician tells us he cannot say when is insanity began, I agree with him, and I think that you must agree with him. But to Whatever conclusion you may come, it cannot be pretended that in the heat of the affray at Donohoe’s saloon, at_@ time when none knew the extent of Florence Scannell’s in- jy, and when the participants in that affray were in the station house, that then this man’s reason was dethroned. All that he then did was in the heat of passion; ail that then animetea-him wasa bitter determination of hatred against Donohoe, and which found its expression in a solemn vow of vengeance, and from that day till the 1atal day that Donohoe met his death at his hand that deadly purpose controlled his action and nerved his heart till that terrible vow was so fatally accomplished. And if you, gentlemen, are to-day,to pronounce him insane, you declare that a man can nurse and fes- ter a passion in his soul for years—that he may yield to all its exacting and exorbitant demands— cherish it with a fond affection, and that this rage and passion is to be an excuse and palliation and complete exoneration for the crime that this pas- sion instigates and his hand perpetrates, Now, gentlemen, such are the facts taken from the testi- mony and such the question that is now presented for your consideration, I do not decin it necessary to further enlarge upon the testimony or upon the circumstnnces of the case. You are intelligent and enlightened men, and you have listened to the testimony with great patience and attention. I know that nothing has escaped your notice. I hope nothing has es- caped your memory. You are the arbiters. It is your judgment that must decide these issues. You are to come to the consideration of them divested of all prejudice, sympathy or passion. If on con- sideratien of ail the testimony you have any reason- abie doubt, the indulgence of the law and tae dic- tates of mercy say that you must give the prisoner the benefit of that doubt. It is now for you to dis- charge your duty as citizens, as jurors, as ofiicers of the jaw, as ministers of that solemn justice which upon this earth is likest the attributes of the Supreme Judge of all. Gentiemen, I now, as the representative of the people in this prosecution, leave the case in your hands. JUDGE BRADY'S CHARGE, Judge Brady then proceeded with his charge to the jury. He said:— GENTLEMEN OF THE JuRY—I congratulate you that this trial has at last reached its conclusion, You have devoted a great deal of time to the con- sideration and investigation of a very important case, important not only to the public, but, of course, of great importance to the prisoner. You have listened patiently to the evidence which has come before you, and the people and the prisoner. have been accorded a tull and free investigation of all the facts and circumstances bearing upon the issues in this contest. You are not, in approaching this case, to permit yourselves to be influenced in the slightest possible degree by the thing called public clamor, That is an element of lite which never must exist in the jury box. Neither public sentiment, nor public indignation, nor public ex- citement has anything to do with the deliberations of ajury. You are to dispose of the case accord- ing to the evidence and the law, as you shall have it declared to you impartially and iearlessly; and while you shall not yield to the thing called public clamor or padite indignation, you shall not permit anything in the way of sympathy to pre- vent bad from entering upon the case with proper consideration of the evidence and the law. What- ever evidence may have been offered for the prose- cution, whatever deience was offered in behalf of the prisoner, are to be disposed of, not Py, sympathy, but on the evidence and the rules of Jaw and the circumstances, just as in any other controversy; and, therefore, gentlemen of the jury, while I tell you that you shail reject public clamor, yeu shall not beinfluenced by any false sympathy for the prisoner at the bar, but you to dis; of the case upon the evidence and the law. I deem it m duty also to say to you that whatever defence 4 presented is one which is justly entitled to your careful consideration; its character you have nothing to do with, if it is legal you ‘must con- sider it and pass upon it, I deem it proper the outset to advise you that the evidence of the alleged shooting of Florence ell by Donohoe Was admitted as one of the exciting or inceptive of the avowed insanity of the prisoner, but netin any respect standing alone by itself as a justification or excuse for the subsequent killing of Donohoe by the defendant. As an element of the causes creating mental aberrati nd, therefore, of the defence interposed, he was entitled to its Gearing. in that direction. Dononoe, if guilty, ould be punished only by the people aiter due Prosecution and cofiviction, No human power could rightly deprive him of life without the judg- ment of his peers, I deem it also proper to say that I do not intend to roam abroad into the domain of intellectual and moral insanity. it will be the object of my remarks to lighten your labors by advising you of the duties you have to discharge and the rules of law by Which you are to be governed. And let me here Say to you, gentlemen of the jury, that all the facts in this case are for {our determination. Upon you rests the high and solemn duty of dig) sing of every question adduced in this case that bears upon the guilt or innocence of this prisoner. You take your law from me in that respect; I am tosub- mit it, but tn reference to the facts you are the sole and exclusive judge. The charge in this case is one of murder in the first degree. To establish this two things are necessar; t derendant and with ne emennn Te remed| > fign to ow ba kt Wr ieticiont, owever, 1 é@ premeditation the moment the killin Kl IT was ac On the subject of premeditation you have the pou: Auct of the prisoner indicating’ an inti killmthe existence of a motive declared orev. denced by the threat of revenge. You have also to consider the manner of the killing upon tne qu ion of premediation and with force. ‘The piuse. cutfon claim to have shown these necessary ele- ments beyond a reasonable doubt. ‘There are two defences, the first m4 justifiable or excusable homicide. Gentlemen of the jury, was the killing of Donohoe by the defendat justifiable? Was there @ reasonable ground for the defendant to apprehend a design on the part of Donohoe to do him some great personal injury and of imminent danger that such design should’ be accomplished ? On this subject let me read the following:— “When one who is without fault him- self is attacked by another in such a manner or under such circumstaaces as to furnish reasonable ground for apprehending a design to take away his life or do him some great bodily harm, and there is reasonabie ground for beheving the danger imminent that such a design will be accomplished, | think he may safely act upon ap- pearance and kill the assailant, if that be neces- sary to avoid the apprehended danger, and the killing will be justifiable, although it may after- wards turn out that the appearances were false; and if there was in tact’ a design to do him serious. injury, and danger taat it would be done, ne must decide at his peril upon the force of the circumstances in which he is placed, for that 18 a matter which will be subject to a judicial review.” This justification depended upon the relations existing between Donohoe and the prisoner—the approach of the prisoner in such &@ manner, either by act or word, as to warrant the belief 51 sted ; the respective relative positions to each other, and the opportuni- tles to apprehend the danger. he law imposes upon the assailed a duty to avoid Me necessity of ling if he can do go in safety. This is to be de- termined by all the circumstances surrounding the transaction, but the jury must be satisfied that, duly considered, they establish the justification or excuse, When a man takes human life, upen which the law sets a high value, it is required o1 him that he shall give satisfactory evidence that he was justified in doing what ne did. He must Make that appear. If he does, then he is entitled to acquittal; otherwise he is net. Now, gentlemen of the jury, 1 do not mean to stop here to narrate any oF the details of the shooting of Donohoe, You have listened to the evidence, You have heard it com- mented upon by both of the counsel in the case, and I shall presume that all the facts and circum. stances are fresh in your memory. Take them into consideration, and say whether, considering em with their relation to each other, and taking also into consideration the circumstances to which I have called your attention particularly, there ‘was such danger to the defendant in this case as, under the legal rule suggested, warranted him in killing Donohoe. Ifyou find that there was, then he is entitled to acquittal at your hands, But you must be satisfied, ag l have already suggested, the cir- cumstances surrounding him warranted the act he committed, The next defence, and which I call the second defence, is that of insanity. The answer that though he was not justified in killing Donohoe he was irresponsible for the act arising from his mental condition at the time the act was committed. The defence of in- sanity is said tobe one that should be carefully scrutinized and thoroughly examined, and that is the case with all defencesinterposed. You should, in considering the evidence, not permit yourselves to be carried away by any prejudice as to the character of the defence, but give toit all the con- sideration to which you may think it entitled on the evidence which relates to it. Insanity or men- tal aberration, the peculiar action of the prison- er’s mind, is claimed to be established by a great variety of facts and circumstances showin, changes in his health, in his mental and physical condition ; also in his affections for his relatives, in. his demeanor and conduct, and also hallucinations, illusions and delusions which led to the im- pression of his insanity, and in the opinion of the experts, if true, declared to be evidence of that condition of mind. You have arrayed against this—I do not pretend to present, ‘ou every one of the facts or circumstances or acts in detail, but I have attempted to group together those which I have considered to be the most Salient, leaving your memory to supply any of the others I have omitted—the general de- meanor of the prisoner as shown by the witnesses for she proaeoHer, with such opportunities: as they had of witnessing; the official pursuits of the defendant; his visits to the Sheriffs Ofice and his conduct there; his appreciation of the criminal charge against him, his giving bail; his retre- ment to avoid arrest; his card playing; the exist- ence of a motive founded on a threat uttered, fol- lowed out and, ultimately, executed; his conduct at the inquest upon the remains of his brother Florence; his declaration that if the law did not avenge his brother's death he would; diderence in the opinions of experts such a8 exigf in this case; also the verity of the illusions or delusions. Now, gentlemen, were these conceptions, percep- tions or illusions disclosed by the prisoner's obser- vations or expressions really believed by him, or were they mere fancies which would yield to the reasoning which would convince a sane mind? this isan important element and one for you to de- termine on the whole of the evidence in this case. All these facts and circumstances to be considered together are Important and demand your close at- tention. It may be that the experts in some re- spects differ, but, however that may be, their opinions are not absolute, It remains with you, upon # consideration. of all the evidertce bearing on the subject, to determine the condition of the prisoner’s mind at the time ofthe homicide. You are to give due weight to whatever facts and cir- cumstances disclosed by the evidence tend to show the sanity of the defendant. and also to those that are arrayed and demonstrate his insanity, and you are to determine, then, whether he was insane at the time of the commission of wi he stands arraigned. That insanity, consid ‘mm its legal aspect, may be stated thus:—it means such a defect of reason as would render the prisoner unconacious of the nature and character and con- sequence of his act and of its unlawfulness and spec he G A man is by the law of this State re- sponsible for his acts when he knows what he is doing, is capable of distinguishing right from wrong, understands the consequences of his act and that it 16 in violation of the laws of God and man. In other words, if the prisoner was in such a state of mind as to know that the deed was un- lawful and merally wrong he is responsible, other- wise not. If he was incapable of distinguishing be- tween right and wrong, did not know that the act he was committing was unlawful and morally Wrong, you cannot convict him of murder. And now, gentiemen, I take up a series of re- quests which are made by counsel for the prisoner and which I am bound to consider and pass upon. Some I-charge and some 1 do not. ‘those that I charge I will read to you; those that I refuse to charge I do not except, 80 far as the charge I may make with reference to the rules by which you are to be governed jorm an exception. One of them is this: —That if at the time the prisoner committed the act charged upon him the deceased suddenly presented himself to him, without any anticipation or expectation on his part, he would then and there see the deceased, and the prisoner was from an association of the deceased with his real or. fancied troubles thrown into a state of mind in which he was deprived of his memory and under- standing so as to be unaware ofthe nature, charac- ter and consequences of the act he committed, or to be unable to discriminate between right und wrong in reference to that particular act at the very time of its commission, he ts entitled to an acquittal. Again, the jury have the right Irom their own knowledge of human nature and the tendencies of the human mind, in addition to and in confirmation of the evidence of experts, to say how far the causes relied upon to establish irresponsibility on the part of the defendant at the time of the commission of his act were adequate or sufficient to produce insanity and did cause that result. Again, that if the jury believe that from any predisposing cause the defendant’s mind was impaired, and at the time of killing deceased he be- came or was mentally incapable of governing hin self in reference to deceased, and at the time of his committing said act was by reason of such cause unconscious that he was committing a crime as to the deceased, he 1s not guilty of any offence what- ever. Ifsome controiling disease was in truth the acting power within him (the prisoner) which he could not resist, or if he had not a suflicient use of his reason to control the passions which rae the act compiained of, he is uot responsi- le; that if the proo! shows that tne mind of the accused was in a diseased and unsound state, the question will be whether the disease existed to so higha degree that, for the time being, it over- whelmed the reasen, conscience and judgment; and whether the prisoner, in committing the homicide, acted irom an irresistible and uncontrollable im- ulse. If so, then the act was net the act of a volun- ary agent, but the La ae act of the body, with- out the concurrence of a mind directing it. it the risoner committed the act in @ moment of ‘enzy he cannot be convicted of murder in the first degree; if his mind was in that condition he cannot be convicted of any offence; that under the evidence in this case delusion is not @ neces- sary element; that the circumstance that various of the witnesses and friends of the defend- it had not observed the conduct and manner and deinsions of the defendant is no con- tradiction of the witnesses who do testify to them. Gentlemen that I charge you, but that evidence isto be taken with the other evidence in deter- mining the question. Again I charge that in de- termining the mental condition ef the defendant at the time of the homicide detached and separate circumstances are not to be considered by them- selves alone, but also in connection with other bh circumstances of similar import. That isposes, gentlemen, of the requests to charge. I charge yen the burden of proving insanity asa defence is with the defendant, as the law presumes every man tobe sane, and itis affirmative in its character, and is to be satisfactorily established, If there be aconfict of evidence there must be a preponderance in favor of the defence. In this case @ number of witnesses and several experts have been examined. The value of the testimony on this question by the lay wit- nesses depends upen their opportunities of observation, and the nature and quality of the acts detailed. The value of the evidence of experts is for the jury to declare. It is net con- clusive, but to be considered in connection with the other testimony. Its importance no doubt would be increased when founded upon actual knowledge of the insane person, but when based upon the evidence or @ hypothetical question its applicability depends upon your finding of the facts posed or assumed. Of these you have two, the correctness’ of either or both is for your judgment to approve, and so of the force of the opinion, It remains for you, as the sole judges of the fact, to determine not only the existence of the facts supposed, but of the general question of insanity to which they refer, An excitable temper and disposition of mind do not constitute in- sanity; nor does a mere passion for revenge co- existent with sanity. If the defendant was in- fluenced by either or both of these elements being otherwise sane. his defence of jnsanity fuils, | prisoner, accompanied by Deputy Sheriff Shields ‘The law designs to compel men to contro} their passions and to punish their indulgence, while in its mercy it releases from msi bility those act- ing in a state of mind which deprives them of. memory and understanding, so as to be unaware of the nature, character and consequences of the act. Was the defendant justified in killing Dono- hoe? Was the defendant insane, as alleged, within the legal rules I have stated? Was he a responsi- ble agent at the time he committed the act within those rules? Or was he iufluenced by passion for revenge, being sane? These tacts, gentlemen of the jury, are tor you, Carefully scrutinize the evi- dence, weigh it care‘uily and dispassionately and give Lo the prisoner everything which tends to his benefit, and properly consi¢er and appro- priate that which goes to establish his guilt offered on bela of the people, aud to render your verdict without fear and without favor. In conelusion, gentlemen of the jury—for I deem it unnecessary to say any- thing further, and 1 have avoided any comment on, the evidence as exsawiy unnecessary and out of my sphere, and leave the facts as I have suggested to your consideration and determination—the rule of law applicable to ci of this character is that the evidence must sutisfy the jury beyond a reasonable doubt of the prigoner’s guilt upon the whole testimony, and if apy doubt exist upon it in reference to his guilt he is entitled to the benefit and advantage and to an acquittal; and that rule, sentiomen, ts founded upon & humane principle of aw, which is not to be lost sight of, that every man is presumed to be innecent until he is proved guilty. By reasonable doubt is meant that condition of the mind which renders it unable to say that it feels an abiding conviction te @ mera! certainty of the trutm of the charge. Now, gentlemen, I have said to you all that I consider necessary in this important case. I have caretully prepared what I have said to you, so that I should not wander irom the thoughts which should gov- ern me and what I deem proper. Upon you rests the high and solemn responsibility of determining whether the prisoner at the bar is guilty or not; and Icommend his case to your careful, calm an deliberate consideration, expecting that you will be influenced by no other considerations than those which spring out of the evidence, guided and con- trolled as you will be by the rules of law which I have laid down to you. At hali-past six o'clock the jury retired. Waiting for the Verdict. At the conclusion of Judge Brady’s charge three officers were sworn, with Mr. Jacob Valentine, court crier, in charge, to take custody of the jury, and the “twelve good men and true’ retired to weigh the evidence on one hand and the prisoner’s life on the other in the balance of justice. There Was no excitement as the arbiters slowly filed out of the room, only a feeling of relief among the au- ditors that a crisis had been reached, and the beginning of a new strain of anxiety as @ new and final crisis was felt to be im- pending. The jury were taken to a room on the third floor of the Court House, and it was Just twenty minutes past six o’clock when they left the forum. Judge Brady, District Attor- ney Phelps and Mr. Beach shortly afterward passed from the court room, and rumor said they wended their way to Delmonico’s for a lunch and a friendly talk after the great struggle tney had been en- gaged in for twenty days, in which John Scannell’s life was tne stake for which the contest was waged, It was yet daylight; but in half an hour no report had come from the jury room, and the great twen- ty-four-light chandelier, pendant from the ceiling , of the court room, was illuminated for A “WAIT” OF SEVERAL HOURS. It is said, by the mi that each of the burners on this great chandelier represents $1,000 cost to the city. Inashort time cigars were lighted pro- miscuously by the waiting spectators, and, saving the bibulant displays, audience resembled a high-toned “free and easy.” Conversation was carried on very generally, but in an under- tone, and probably the most marked group In the room was one conststing of four ladies, who sat on the right of the Judge’s bench, within the bar enclosure. This group has become almost @ feature of all great criminal trials in this city since the McFarland case. The central figure of the quartet is a lady of considerable modesty of expression and some personal beauty, of the Pom- adour style. Her features are oval, with smooth,. ne lines, and her hair, which is SWEPT BACK FROM HER FACE with a 1ull roll, is of a pleasing though unquestion- ably premature gray tinge. She is always accom- panied by an elderly lady, who may be her mother or her aunt, and who may not be either. The Pom- padour lady has hitherto contrived to preserve a wonderful incognito, but it is said by those who ought to know something about it that she 1s Mrs. J. 5. Barnett, a lady having an irresistible penchant for criminal trials, particularly those where insan- ity or socfal irregularities are involved, or where there are any sensational or notable surroundings. Her favorite colors m dress are black, gray and purple, and she wore yesterday a Rob Koy tartan shawl. She remained in the court room with her friends CN ee the day, but left at ten o’clock last night with one of her companions to obtain A CUP OF TEA, &C, She was especially noticed at the McFarland, Stokes and Tweed trials. . In an eusy, off-hand, gossiping way the &pecta- tors passed the time up to a few minutes past nine o'clock, when @ buzz of especies arose, in consequence of ner with hie guards Be pearing in the col They had passed the preceding three hours in the Chambers, but for some reason a were removed to the Circuit room, adjoining the Oyer and Terminer, and were followed shortly afterwards by the prisoner's rela- tives, including his wife, mother, sister and two oung brothers and several friends. Mr. Howe, he rubicund, jolly and rotund associate counsel for the defence, looked radiant when the jury had been out three hours with no result, as it boded a disagreement, which would be at least HALF A TRIUMPH for the prisoner’s counsel. He was in and out of the court room \ike a boy at a Sunday-school fair, and looked quite as innocent, though he isn’t. As- sistant District Attorney Allen came in and looked about and listened and told stories and went out again, Bonynge, the stenographer of the Court, looked fearfully resigned as he thought of his home in Harlem, of the seven-mile ride in the Third avenue cars that would be necessary to reach it, and saw the hands of the clock stealing round to midnight. The reporters sat upon the press tables, lawyers and auditors lounged 6n the Judge's bench or dozed in the jurors’ chairs. The dotce Jar niente prevailed everywhere, and at half-past ten o’clock arumor got about that the jury stood seven to five, but nobody knew which division was for acquittal, and still the crowd waited, ‘Time wore on and the loitering and buzzing con- tinued, and in successive groups the whole audi- ence by turns strolled out into the corridors and rotunda of the Court House, Now and then small and divers parties went out and indulged the ap- petite for stimulants, and half-past ten o'clock came. Judge Brady, with a few friends, sat in the private chambers and awaited the pleasure of the eclectic deliberative dozen, who were by this time believed to be at loggerheads, Charley Spen- cer, with martial front and impetuous eye, strode now and then into the court rogm, dropping @ word here and a nod there ag he're- ceived the congratulations of friends fer his tri- legals entry into and conquest of the national capital with his spike-headed legion, “the Fifth.” About this time a wag entered the Court, and, with imperious, official tone of voice, commanded “Hats of! Every man dropped into his seat and as- sumed a decorous though &nxious appearance. ‘The loungers in the vestibules came into the Court in a rush, pell| mell, and {t seemed as thongh the haif empty room was filled with Pecpie by magic, The wag stole out and left the crowd to put their hats on again and consider themselves ‘‘sold.”? In this way the evening passed until about eleven o'clock, when Judge Brady sent information to the jury that he would receive their verdict, if they are agreed, at half-past ten o'clock this morning. The news was communicated to the spectators, and at five min- utes dare eleven the Court was empty. Lawyers, friends of the prisoner, loungers and curiosity- hunters went home, and ten minutes later the and two officers, came down the steps from the Chambers street entrance to the Court, entered a close carriage in waiting, and was driven back to his cell in the Tombs, ~~ POLITICAL. The democrats and liberals of Michigan hold a State Convention on the 27th inst., at Jackson, to nominate candidates for Justice ef the Supreme Court and two Regents of the University. ‘The democrats have gained largely in the town elections in the interior of this State. The fol- lowing table will show tke result in some of the towns on the election of supervisors as compared with last year:— Total.... . Democratic gain. COLORED VOCALISTS. The fleld of vocal endeavor that was opened by the Fisk Jubilee singers, and from which they drew such a harvest of money, has now been entered by several troupes of their colored brethren and sisters. The most successful of these, the Hamp: ton Corps of colored vocal students, from Hampton Normal Institute, in Virginia, gave a concert last evening at Steinw: ‘all. The audience was large, and of the eminently respectable class that lay to their souls the flattery of charitabieness, yet who for evincing that attribute usually procure ample recompense. The performance varied little from that of the Jubilee singers, only in the selec- tion of hymns, &. The morceau were sung with the same unction peculiar to their race, and with a full abandonment to the spirit of their songs. The concert on the whole was enjoyable as reflecting tan characteristics Of the race to which the singers jong. CITY AND COUNTY TREASURY. Warrants Drawn on tne City. DEPARTMENT OF FINANCE, COMPTROLLER’S OFFICK, March 6, 1873, } Monthly statement of amount of warrants drawn, and for what purposes, against the City and County Treasury, January 1 to February 28, 1873, inclusive, amounting in the aggregate to $12,482,901 16; also a@ comparative statement of the city and county debt as of January 1, 1873, ad February 28, with statement of and for what purposes stocks have been issued during that period’:— On City Account— To 3st January, In February. Assnasmons fund. : 4,009 4,074,0 earages of 18 twp ecaho ecaage SD 171,052 Bourd of Apportionment and Au- 4 att expenbes 6 £3 1,994 209 Board of Appormonmens, Dv - ontract Commission, expenses onesie é baat ais 3,000 - Plearing inder Police PATUMNE. ees e ec cesesceee 100,000 x Department of Pabiic Parks.... 100,000 100,000 Department of Docks. . L 16,859. 50,816 ) ent of Public Works.... 494, 3,725,723 Deparunent of Public Instruc- ODEs ines sae if + 25,000 350,000 Departinent o : 400 260,025 Department of Fir 644 4,718 Department of He. 1,219 13,820 Depariment of Public Charities ANA COFTECHON. 0... .eccsesese — SOMIT 171,944 Excise license tund....-. + Ves 1290 Fourth avenue improvement fund.......... 12,554 Free floating bat! 2 Fire Department 74,663 Fire telegraph tu = Foundling Asylum,for support of toundiings - st 4 8,818 - Intestate estates........ . - 7 Interest on stcks and bonds city) + 464,219 us 1482 149 8,088 7,855 eee a aye tee 1,000 ig tor Departments, Civil and Police Courts... ...... 8,968 3,069 Pubhe bunidings (construction and repairs)......... . 5,010 2.879 Removing ni a animals..,. ~ 6,760 1,350 Remission “of “assessinents on church property....... . 1,205 365 Revenue bonds of 1874 paid * 65,000 Stationery and blank books— departments, civil and police courts. ; 1,130 Aim Salaries, - tingencies—Legisiative Depart- ment. Taseuea 15,221 38,838 Salaries, advertising and’ con tingencies--Mayor's Omice..... re) 1,834 Salaries, advertising and con- tingencies—Board of Assessors ~ 2,311 Sataries and contingencies—De- , partment of Buildings seeee 3,099 8,782 Salaries and conungen City Courts... hese /:) S10) 25,838 Salaries and contingencies— Board of Revision and Corr tion... me: ‘ Salaries—Judiciary Total.. 168,559 Total amount warrants to February 28.. On County Account— Advertising. ee — Arrearages of 1871, . $550 Armories and drill rooms. 20,871 Asylums and reformatory tutions... sees 24,195 Cleaning and supplies for OMCOB. so. 0eseceee 16,196 7,481 Commissioners of Record: pendiiures of, 7,651 8,855 Coroners’ fees ‘933 ‘201 - 18 - 1,27 é — 1,500 Election expenses. 25,98 9,648 Interest on county stocks and BORUM cash te chaier cnc feds. OOOAD) 5712 Lighting ‘and ‘heating ‘county offices. meee 4,224 1,473 Jury tees — 5,000 New County Court 1 - 38, Printing tor Legislat 4 MOB cccce ite, fe cn) Printing ‘for’ Executive Depart- ment and Judiciary. . 6,968 Repairs to county’ o buildings, 2,818 Rents, . * Repatri nd. er ords Register's Oflice Stationery, law and bl Salurlos—Legistativ ; Support of prisoners in county Jail vee $280,675 + ~ 427,961 12,054,939 “p12 as2,601 To.al amount warrants to February 23.. Add city account... sr eneeneee eee Total amount for city and county.. OITy AND COUNTY, DEsT. 31, Jan. 31, e.3 1872, 1873. City Account— Fayable trom sink’g fund.$24,160,603 24,235,668 ble from taxation... 39.625,502 41,766,678 porary debt, payabie from assessinents...... 16,027,372 17,869,272 Revenue bonds, chapters 1, 9 and 29, Laws 172... 6,446,497 6,481,497 ue bonds. in an Feh, 28, 1873, 24,266,118 42,798,178 18,797,872 6,554,497 250,000 29,990,565 1,682,700 200,000 29,987,404 29,987,406 1,682,700 ; i le from taxation... e bonds, chapters 29, Laws 1872 1 Revenue bands, in anti- ‘cipation of taxes Totals ... Less sinking fund. Totals... Cash in city and county treasury. Cash in sinking tunds. The following stocks and bonds have been issued :— For Croton water purposes ....... 90,000 Riverside Park improvement, payment ofland. 2,590.0 Fire telegraph ‘ New York Bridge Public parks........ aes Public works for sewer repairs Public works, street improve from assessinents.....:..... Riverside Park improvement, pa, ‘Assessments, Revenue bonds, payabie from taxation The above stocks and bonds were issued with special laws for works 1 bonds on account of improver paid by assessments to be collect anticipation of tax of 1373, and on ace of 1s71 gud advertising claims prior to 1871, ized by chapters 1, % 29 and 375, Laws ot 1872! 1,667,700 4,026,725, 352,405, i mad le to he bond: JOURNALISTIC NOTES. The name of the new manager of the world 1s Jerome Bonaparte Stilison. He has certainly im- proved the paper. _ He has industry and good judg- ment, Arthur Shepperd, late manager of the Washing- THE GERMANS. —_—_-+-—_—_ German Opposition to the New Cnarter Bill—Mass Meeting Last Night—A New . Measure Proposed. Under the auspices of the German Central Re- form Organization, composed of the delegates of the German reform organizations of the different Assembly districts, formed during the reform cam- paign in 1871, a mass meeting of German citizens Was held last night at the Beethoven Maenner- | chor Rall, in Pith street, for the purpose of rais- ing their voice against the adoption of the Charter Dill passed by the Assembly and to take such action as may be deemed best to insure the defeat of the measure. The German Reform Organization, headed by Oswald Ottendorfer, Henry Clansen,* Osler Zolli- koffer and ethers, has kept up from the beginning an earmest agitation {n opposition to the repnb- lican charter amendments, principally on the ground that the instrument is framed in the interest of aclique, which would deliver tne ad- ministration of our municipal government into the hands of a new ring. At the appointed hour the large hallof the Beethoven Club House was filled by a respectable assemblage. The meeti ng was called to order by Marcus Otterbourg, chairman of the executive com. mittee of the German Central Reform Organiza tion, who, after briefly expiaining the object im view, called upon Henry Clausen, the President of the Central Organization, to preside, whose nomi- nation was contirmed by @ unanimous vote. The Chairman, in his opetiing address, argued that the corruption in the administration of our municipal affairs resulted from an habitual laxity on the part of the respectable classes of our citizens to keep a vig- flant eye on the municipal officers, for whom their votes had been cast, until by the astounding dis- closures of the Tammany Hall Ring frauds they were aroused, The exposure of these wholesale frauds opened their eyes, and men who never be- fore had time to interest themselves in politice then had tfme to devote themselves to the forma- tion of organizations having in view the cause of municipal reform. CARL SCHWADLER at this stage of the proceed- ings arose to ask whether, inasmuch as in this ci all classes of German citizens had been reques' to be present, those present in favor of the charter as pending before the Legislature had a right to Speak and to vote. This interpeliation occasioned some uneasiness among the assemblage, and was looked upon a8 something introduced tendin; disturb the harmony of the gathering. Marcus Otterbourg quickly respended to this interpellation, stating that the meet- ing was intended as a demonstration against @ clique sailing under false pretences, in trying to impoge upon the city a charter which in its spirit is against the best interests of the com- munity, and,to protest against the same. There- fore they could not allow men to take an influenc- ing part in this deliveration who neither could er would understand that. (Tremendous applause.) HERMANN Scunoerer, the Secretary, then read the resolutions, in substance as follow! UE RESOLUTIONS, ? Whereas the ns of German descentin the city of Now York, thoroughly convinced that omly by an ‘able and economical administration can the greatness and prosperity of our community, as well as the. weitare and thrift ot its inhabitints, be developed and maintained, . have, with rare unanimity, fought against mumeipal abuses, which have been nurtured by the ambition and unscrupuloushess of leading officials and by the machina. tions of parties and “rings,” and they have approved of and supported all efforts made to secure to the peo- ple the power of selecting able and trustworthy per- fons tor the adininistration of the common interests, and to introduce into the organization of our munici- pality all the safeguards suggested by experience as es. sentlal to prevent abuses and insure an efficient manage- ment of public affairs, ‘They found it to be of the great est importance that in the homination and election of the principal officers a d should be considered, without regard to political affilia- tions and influences toreign to a faithful administration of the public affairs. They discovered that it is neces- wary to selicit and appoint only such subordinates whose fitness for position has been duly ascertained, and never to bestow public offices as a reward for party services; that responsivility should be concentrated as much as possible, and wise and energetic men invested with the er of remedying abuses. They deem it unwise to transter practically the appointing power to the legislative branch of the city government while the Executive shall be made a imeré tool, Such is contemplated by the clarter now before the Legislature. They regard it the part of sound pohtical economy to ut under @ strict control the expenditure of money levied by taxation, and to prevent the payment of fraudulent or excessive claims, to inaugurate a better system in the administration of the city's finances and to put a stop to the reckiess manner of contracting debts; to enhance the credit of our city so as. to enable us to compicte all the numerous provements so essentially necessary te make our metropolis what it should’ be—namely, the pride of th country without mortgaging the property ol its cithze to an extent that must ultimately result In bankrupte; They admit that opinions may differ as to the mea whereby their Veer shall be accomplished. Prop tions widely diitering trom each other, yet all prompted by the same sincere desire to promote the greatest good to the greatest number, may be suggested with reter- ence to the power of appointing officers and allotting to the different departments their respective share of the to, provide a system for their internal workings; but in framing the charter now before the ‘Legislature it is apparent that the leading thought was not to secure to the city an eM- cient and econointca! adiministration, and it is intended to surrender to the political parties our municipal affairs as a bone ot contention. If this charter, therefore, should become a law, it would, in spite of its many excellent features, be ruinous in its consequences to our city and its conti The spirit which dictated it and the reasons a for its adoption by members of the Assembly fuential in securing its passage, compel the Germans of this city solemnly to protest against this attempt to place our city at the mercy of political parties. And therefore be ft Resolved, That we earnestly request the members of our State Senate to ignore, in the discussion of the char- ter, all considerations and influences inconsistent with the’ purpose of insuring ty our eity an, able and econom!- cal administration, which shall be independent of the strifes of political parties, aud thereby to save the hovor of our State Legislature ‘and to protect the rights and interests of the citizens of the metropolis, Resolved, That we are confident that the Governor, if need be, will use the prerogative of his office in the en- deavor io protect our city trom the daugers of a charter conceived in s party spirit and passed for party purposes. solved, That under no circumstances will we abate our efforts to rescue the administration of our city from the clutches of ambitious and avaricious partisans, nor be deterred by any temporary defeat, and we pledge our rhest and hearty support to all, persons and organiza- and maintain honest and ecoy ublic duties, and tions striving to establis! nhemical city governmen’ OSWALD OTTENDORFER, Who next addressed the Meeting, argued that the resolutions passed were oud in their spirit, but one point had been omitted. It was true the pending gherter was of such @ character that ainéhdilents would no avail; but he believed it ‘as: to point out the way by wi citizens of New York might pe placed im a position to obtain such a charter as they needed. They therefore offered resolu- tions urging upon the Legislature to provide for the appointment of a commission by the Governor, to be confirmed by the Senate, which shall during the recess prerers a draft of a charter, to be sup- mitted to the people for approvai at the next gen- — ton Republican, has retired frem that journal and is now writing @ history of St. Domingo and Bla densburg. Mr. John P. Foley, a well-known Wash- ington correspondent,’ is his successor—a very competent and accomplished journalist. Crosby S. Noyes, the editor ef the Evening Star, of Washington, has some cool reflections on Edmund Yates’ sketch of the Inauguration. He says Yates did not stick to facts, while Piatt confined himself entirely to those unaccustomed items. The Insurance Age is the title of a handsomely printed quarto of forty pages, just issued iu this city. by Sidney S. Norton, editor and publisher. Mr. Norton has heretofore won considerable reputa- tion as a writer on commercial topics for some of our leading daily journals. As the title implies, his new venture is deveted to the interests of insur- ance—to those of the insured as well as to those who insure. Ifthe pioneer number be a criterion by which to judge of those that are to follow, the success of the Age is secured beyond peradven- ture. The Daily Graphic is the name of @ ne@ illus- trated evening paper just isdued in this city. It Proposes to illustrate by some new system of litho- graphy important events as rapidly as they occur, and is @ novelty in its way in the field of newspa- | per enterprise. We have unintentionally omitted to notice the recent sprucing up of our entertaining contempo- rary, the Evening Mail. In its new dress it pre- sents a8 handsome a typographical appearance as any of its evening rivals, while its editorial page is Tacier than ever. UNCLE 8AM SUED FOR $567,000, CINCINNATI, Ohio, March 7, 1873, In the United States Court to-day a suit was brought against the United States government by the Newport and Cincinnati Railroad Bridge Com- pany for $657,000, alleged damages incurred in con- sequence of alterations required in the construc- tion of a bridge as to its height and width of chan- | nel span. The assent of the United States govern- ment to building this bridge was given March 3, | 1969, The Congressional legislation requiring the change on which the claim is based was section 5 af the bill for BL aad jemi for the Post Omtice De- partment for the year ending June 30, 1872, and ap- proved March 3, 1871. The same act provides that | the parties injured thereby may seek redress in the United States Court. The case is said to be the sree Onis kind ever brought against the gevern- ment, ROBBERY OF THE SOUTH BROOKLYN SAV. INGS BANK, OMcer Ryan and Roundsman Slattery, of the Third precinct, arrested James Creighton and eral election, and then to be submitted to the Legislature for confirmation, and aiso that @ committee be appointed to ensure the co-operation of other organizations in referepce to this matter, and tocall upon the Legislature to oe action in the matter to secure the object in view, These resolutions were passed by & unanimous vote, whereupon, after addresses by Messrs. S. D. Sewards and Marcus Otterbourgethe chairman, in accordance with the above resolutions, appointed a committee, composed of Messrs. Oswald Otten- dorfer, Oscar Zollikoffer and Charles Weltz, . A POLITICAL ROW. Stephen O’Brien, Brother of Senator O’Brien, Assaults a Late Tammany Candidate tor the Assembly=Badly Beaten. Yesterday, in the Yorkville Police Court, Wil- Ham J. Shields made a charge of assault and bat- tery against Stephen O’Brien, who is a brother of Senator O'Brien. It appears that Shields, on Thursday afternoon, went into the liquor saloon of Patrick Craig, on the corner of Second avenue and Thirty-second street, and alter taking a drink at the bar with several persons in the place, whom he invited to join him, he was going towards the door, when Stephen O'Brien came in from a side door, and, go- ing up behind Shields, struck him @ blow on the temple, with what Shields does not know, but be- eves to have been brass knuckles. He was stunned by the blow, but having hoid of the doorknob, made ab effort to get out, waen several persons fell upon him and seme one held the door shut. He wag then struck several times, and once feli on Knees, but at last succeeded in getting out, where he fainted on the sidewalk from loss of blood. Shields afterwards went to the Twenty- first precinct station house and made a complaint against Stephen O'Brien, and Oficer arrested him yesterday morning. He was ar- raigaed at the Yorkville Police Court, and was committed for an examination which is set down for Monday. Shields showed traces about the face of having been very beaten and his fromtal bone was fractured, His inouth and chin showed evidences of having been Kicked, and altogether he presented a very sorry Ee os Tt is said that the assault grew out of the fact that at the last election Shields ran for As- semblyman of the Eighteenth district on the Tam- many ticket, and against the Apollo Hall nominee, and that since then the opposite party have been waiting an opportunity to wreak their vi ance upon him. The opportunity had not occurred until ths time, and it was immediately taken advaatage on OUSTOM HOUSE SEIZURES. A large quantity of lace and several cases of kid gloves were seized yesterday by Custom House, ofiicers, on board the Hamburg steamer Frisia. It Charles Haviiand last ee for entering the office of the South Brooklyn Savings Bank, the cor- ner of Atlantic and Clinton streets, and stealing 30 worth of jewelry from a@ trunk in the office. ‘he accused gaing the windows. an entrance through one of | to be is said that the goods are worth about five thou- sand dollars. Smuggling by the Hambui ‘amers ig nothing new, as one or two of the Hol poll. ticlans well know. The valuables which happened derected In this instance are now IR the selzure rau at the Custom House, :