The New York herald., 1870-06-17
THE FENIAN ASSASSIN.
Trial. Conviction and Sentence Of DR.. James
Alernan for the Shooting Of P. J. Meehan.
An Episode Of the Grand Fenian Internscins
War at Headqaarters-Ars There Any
Dead Morgans'' Among the. Fs-
aA1 nisnsi- -Xiernan Sent up
for Ten Years

The readers OF the HERALD will remember how the
universal sentiment Of the community was shocked
and outraged by the account published In these col
umns on the 10th Of February last. OF the shooting
and dsstardy attempt at muraer OF Mr. r. J. Nee
han, by person known In the, Fenian Brotherhood
~ DR.. Herman and whllom secretary OF the organi-
zation. The attempt proved nearly fatal-Mr. Mee-
hams preservation from the deadly bullet and more
deadly intent being singularly proytdential. The
trial Of The case oame up yesterday 10 the Court OF
General Sessions. before. Recorder Hackett and
Sury, resulting In the conviction and sentence OF the
accused. @.iAA. N#ae
Full particulars OF the affair published at the
time, rendering 1t only me- essary now to recapitu-
aate the leading facts elected upon the trial. hcn
occupied about two hours. Assistant District Attor-
ney Fellows prosecuted the case, and as the accused
mad no counsel, the Court assigned Mr.. Kentzng TO
look after his inserests. .ras-4 es
TESTIMONY OF Mr.. MEEHAN.
Mr.. Meehan was the first witness called, who tes-
tiled that on the 29th OF February he saw the pri-
soner. at eleven O'Clock at night when he was leav-
ing the building No. 10 West Tenth street, in CON-
pany with some otner gentlemen they were pro.
ceeding towards Broadway. walking at leisurely
pace; Mr. Meehan saw the pris following short
distance, and pass two gentlemen who We're behind
when be saw the outline OF elbow, or part OF an
arm. behind his right shoulder and imMedately
aor short space. probably thirty seconds. TIL he
Nound himself raised on the sidewalk In sitting
posture; aud felt wound IN the back Of his neck;
1he ball entered the neck, and the powder burned
the skin Of the neck; he did observe any person
between the two friends who passed AMI the pr.
month, and the ball mad not been extracted
Cross.examined-I have known Herman since
was Senator OF the.I enlan Brotherhood and was
acting Secretary OF War; Kiernan was acting as a
corresponding % clerk; certain parties had made
ha1
always believed that Herman was friend to me;
pave been told that my life was threatened several
Zines; certain parties were opposed to my political
action IN relation to Irish AFFAIRS on the evening in
question we were returning from'a neeting Of the
Oowney, OF providence; Mr. Gallagher, or Bufaio
and Colonel Quinn, of Albany lall members OF the
Drder). were In company with ME.
TEsrrhONY OF JAMES 3. DowNEY, OF PROVIDENCE,
RI
s. the next witness was James E: Downey. who gave
MS account OF the occurrence He the prisoner
shoulder and re he saw the ash Of the pistol % anu
SHOULDER Of Mr. Seshan; after the rna uySS Seensn e fe
away; but was ursued and caught.
Rcherd McCloud, the next witness. testified that
Standing near MeeSan saw him rum running s and he
(McCloud) haIlooed "Murder.'
Or. Cole stated that he examined the wound,
which was on the right side OF the neck, shortly
nfter the occurrence; the neck was blackened and
scorched by the powder; he probed the wound,
could be occasioned by bali discharged from the
cylinder Of pistol such as the one shown to him.
the prisoner running and pursued and arrested him
on searching him he found pistol pistol proluced
~m Ynu two Srs barrels cscharged The prisoner sid
asked why did he rum he replied, II was colo and
was taking a little run round the block"
PRISONERS STATEMENT
James Kiernan being sworn IN his own behalf, said
that he was by profession doctor; that ne wrote
Fenlan order. when asked how the two barrels Of
me pistol came to be DISCHARGED, he said
At sSs RaDS ana G they the See n Ss
habit Of testing the pistols by firing among them
selves 70 VINO were the best Shots He tKiernan,
was good shot, and having received the pistol
ABOUT three or four days before ffom Mr. Bressals
2 member Of the sixty:ninth volunteers, he was
the yard He admitted being in the Vicinity Of Mr.
Meehan at the time OF the shooting but denied firing
or ten persons around him. He mad no dlniculty
with Mr. Meehan, but on the contrary, always
Of his own e Thsre was in ne reens
against Mr.. Meehan in the order. lie lost some
documents IN Ireland, was tried for it by court
have been. he believed, only for Stephens lie
e<Keenanl came to this country at the request OF
Daniel OSulhvan, the editor Of the Untted Iishnan.
Mr.. Meehan frequently told Kiernan that he expected
TO be snot, and, While going to Trenton, N. j., In
1865 he told the accused that he heard that men
Mr.. Fellows, in his summing up, told the jury that
at was not Tor the people TO show motive for the
commission of the act, especially when they had
clearly proven that the prisoner fired the pistol.
Recorder Hackett charged the jury, giving q clear
and impartial synopsis OF the testimony, and that
body rendered verdict OF guilty" without leaving
their seats.
MOTION FOX NEW TRIAL DENIED-sENTENCE.
The prisoner addressed the court and moved for
new trial on the ground OF tie absence OF witness
,Ses on his behalf who had failed to appear. His
Honor denied tile motion, observing that the offence
sOlooded and deliberate attempt 10 assassinate Nee
han, aud nothing but Divine Providence prev ented
Kernan standing on that occasion in the attitude OF
q murderer. He sentenced him to the extreme
Denalty Of the law, which was tsn years lmprison-
ment In the State Prison at hard labor The prisoner
was then removed.