The New York herald., 1870-03-01
THE DAY OF DOOM.
TEE pURCELL-KIERNAN TRAGEDY.
The Late Fatal Shooting in Sheriff Street Trial
Conviction and Sentence Of John Purcell for
the Murder Of William Kiernan-He il
Sentenced to be Hanged on the Same
Day as Jack Reynolds-The 9th
Of April the Day Of Doom.

As soon a. the Court Of General Sessions
was opened yesterday mornisg the extra
panel OF jurors summoned for this week was
called after which District Attorney Garvin
stated that he was ready to proceed with the trial
OF John Purcell indicted for murder. The prisoner
who is young man, was defended by ex-Judgo
Stuart. There was very little difficulty experienced
In obtaining jury. Purcell is charged with having
caused the death OF william Herman on the 24th OF
May last, by shooting him with pistol In sheriff
street. The case did not attract much interest as
the time.
OPENING THE CASE.
The District Attorney In opening the case said
that 1t was one OF mOmentous importance TO the
prisoner and also to the public Society was 80 con-
stltuted that could not be kept together nor pro-
pcrty and life preserved In any community unless
punishment was innicted upon the violators Of the
law lie said he expected to prove that the prisoner
and the deceased met and after some angry CONVEX
sation he shot MIN through the head with pistol;
that when he was subsequently brought to the
station house he said he hoped Herman was dead,
that he meant to Kill him, and that he could swing
at the end OF rope as well as any other man.
THE TESTIMONY FOR THE PROSECUTION.
Joseph Denner, the first witness called for the
prosecution, said that the evening OF oath OF
May he was passing 100 Sheriff street; the pri-
sOner and the deceased and i've or six more stand
ing there; William Purcell the brother OF the pri-
soner, pulled OF his coat and said he would fight
anybody there; the prisoner then Jumped up and
said he would get hung for somebody there and that
moment he nred the pistol; the deceased turned
round and hit young (Nnain) Purcell before the
shot was fred; saw the prisoner point the pistol,
which was single barrelled one, at Herman who
fell down; the prisoner started to run and followed
him into the Eleventh ward station house; heard
kiernan died five minutes after ne was shot.
70 mil -At hull a IN a
evening william Purcell and young man named
Roboy Day were going to fight; told them they had
better stop the business; did not adjourn the fight
TIL nine O'Clock and had no bet on 1t.
FRITZ Fieer testified that when he came to the
scene Of the disturbance John Purcell ana William
kiernan were quarreng together; William Purcell
said to Herman "pll fight you, you s-n OF q b-h;,
Herman struck William IN the face and at that mo.
ment John Purcell shot Herman through the head;
saw the deceased dead an hour afterwards.
Cross.examined-I heard nothing Of Young Pur.
ecu and another boy lighting for Q bet: did not
near what was said between the parties before the
shot was fred.
DR.. Beach, who made post mortem examination
OF the deceased, stated that he found pistol shot
wound IN the side OF the head, the ball having
entered the brain, which must have caused almost
Robert Curtis was called and said he ala not Gee
the shooting. In his discrimination he said that
he saw Herman that evening oa the corner Of STAN
and he wanted him (Curtis) to light with william
Purcell; the witness went round tor the purpose OF
nghting with William Purcell; he waited at l05
Sherln street, and did not know what was going on
at 109
Sergeant Thompson testified as folows:-I was in
charge OF the Eleventh precinct station house wnen
the shooting occurred; little after nine O'Clock
John Purcell came running into the station house.
some citizens chasing him; he had pistol in his
hand; l ran from behind the desk and asked
what was the matter, seeing the excitement; some.
body made remark tnat he nad shot man; with
that saw the pistol and asked him II he would give
1t TO me he said, Yes, Sergeant, VIII give II to
you;' TOOK II and Land 1t down on the desk; then
asked him II he had shot him, and he SAID ssYes;''
i iv
Herman, the hog thei asked him II he had killed
him; ne sad, II have not | Intended
meant to kill him;'' with that an officer came IN and
told him to go out and see II there was any ybody
IN; In the meantime l tod Purcell to sit down by
the window and stood alongside OF him. shortly
afterwards there was a citizen came IN and wnls-
pere0 and told me that Herman was dead;
walked over to Purcell and said, 'You nave sue
ceeded In killing your man; Herman Is dead;" he
then jumped uD and made the remark, III am
damned glad of it;n told him Il was very foolish
remark; he said that he could catch rope and
swing swim as as good as any young fellow ! ever saw;
with tnat | locked him up; do not think that he
was under the influence of liquor at the time.
TESTIMONY FOR THE DEFENCE
John Tracy was called and examined-He said
he was dealer In poultry and lived at 100 Sheriff
street; William furceli and "RoDbyn Curtis wanted
70 hight; he suggested that they put or the fight TIL
nine O'Clock, thinking that 1t would die by that
time; the deceased came up 70 the prisoner and
said, II will bet you five dollars that this boy VIII
whip your brother;' Purcell, who mad just come
home with my wagon, said, II won't let my brother
nght:n Herman sad .You are a saucy son or q
b-h," and with that he smashed the prisoner five
or SIX times IN the nose; young Purcell attempted
to pull bis coat or to fight 'Kobbyo when KIernan
turned around and Knocked him head over heels;
while he striking his brother; prisoner had
come home from work and knew nothing OF the
quarrel between the two boys; never knew OF the
pedlsr's cart for me for several years; Herman
wanted to force tight between william Purcell and
Curtis; don't know where Purcell got the pistol; it
was owned by bartender named Edward, who
served in MOores saloon, corner OF Houston ana
Sheriff streets; the deceased was big, powerful
man.
sergeant Thompson was recalled, and said that he
noticed blood on the prisoners bosom when he came
to The station house and scratch upon MS cheek.
William Purcell, the brother of the prisoner, gave
his account Of the affair. lie said tnat before his
brother John came home Kiernan said that there
must be fight between Curtis and him William
Purcen; he brought Curtis down and the ngnt was
put or I'LL later IN the evening" the prisoner came
home with hls wagon aud Herman SAID II am going
to bet you five dollars that the prisoner Will lick
your brothcr;'' the prisoner said, Il won't pet Il
cent ana then Kiernan hit John Purcell five or six
times IN the nose and blood was all over his shirt;
lie the prs0ner said He shan't hgnt" tnat the wit
ness would get licked because Klernan had lots OF
friends; k1ernan called the prisoner saucy pig.
headed son OF b-h; alter hitting the prisoner fye
or six times he hit at the witness i've SIX times
and Knocked me down, and said II win XII the two
OF two:' the witness was lying on the ground ha.-
looing murder when he heard the pistol 60 or.
JOnn Purcell, being sworn, said:Iii lived last sum.
mer atl09lSheriH street orked for John Tracy was
working with his poultry wagon on The day OF this
occurrence and got home quarter to nine; had
not been home during the afternoon or early part Of
the evening; put my horse the stable and got
my supper; then went TO the porter house, and
from there l came down and was going to bed;
kiernan came along and SAID to me, "l'll pet you
1ve dollars this boy viii lick your bro.her;r said
III won't bet you five cents; won't let my brother
rght you ought to be ashamed or yOurself;' he
turned around and called me saucy son OF u b--n,
and he'd me up against TWO hogsheads beasing and
cutting me- after getting through with me he
jumped at my brother and knocked my brother down
ana kicked MIN; pulled out a pistol and shot MIN.
Cross-examned-I bought the pistol IN porter
house, corner OF Houston and sheriff Streets from
bartender, at nine O'Clock, about ten mInues before
the shooting, and four or five houses IRON where 1t
happened; pulied the pistol out of my pocket AT
the impulse OF the moment, and did not know
whether 1t was ioaded; knew nothing OF Herman
or any OF the paroles when got the pistol: have
carried pistol two or three years; lost my pistol
on the sunday night before and thrty-slx dollars;
/ knew this barkeeper had pistol for sale; have
never had GghG with anybody in my life; am
twenty-five years old; know klernan tea or twelve
years; ne was about thlrty-eight years Old.
Catharln Tracy, sworn ana examined, testified
that early in the evening W)ham Purcell and Curtis
were talking about fighting; when John Purcell
came home, about nine O'Clock. Herman wanted 10
uhn Nnrf III ~ thar