The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-05
SAVED FROM THE GALLOWS.
Second Trla, Of John Purcell for the Murder Of
William KieTnsn-Sentenoed to the
State Prison Two Years

At the opening OF the Court Of General Sessions
yesterday, Recorder Hackett presiding, Assistant
District Attorney Sullivan moved on the trial OF
John Purcell VINO stands indicted Tor the murder OF
William Herman upon the oath day Of May, 1869.
Quite crowd were collected IN the Court to witness
the trial. this being the second trial OF the prisoner
His first trial took place In the same Court and be-
fore the same Jadge at the February term
Of the Court 1870, ana resulted In q conviction OF
murder In the first degree, whereupon he was
sentenced to be hanged. Before the day for execu.
ton arrived his counsel, Mr.. Knitting, succeeded
in obtaining writ OF error and stay OF execution,
and the case was removed into the Supreme Court
and finally into the Court OF Appeals, which Court
at It's session In Albany last December, ordered a
new trial. the prisoner having been confined in the
Tombs under sentence Of death nearly two years.
The facts Of the
MURDER,
In consequence OF the length Of time that has elapsed
since the commission Of the offence. have passed,
doubt from the recollection OF our readers The
killing occurred during an ARRAY In the street. The
prisoner, John Purcell, who is better known as
Bottles" In the Eleventh ward shot william Kier-
nan, causing instant death. After the commission
OF the act Purcell said he intended to kill him. and
when the fact Of his death was communicated to
him by the sergeant of the police he remarked that
he was glad Of IT," and tnat he 'could catch rope
and swing as good as any young fellow"
1t was these foolish remarks OF the prisoner it 10
said, that were instrumental in causing his former
conviction His counsel commended on the trial that
the act was the result OF passion and not inten.
tional; but 1t was Of no avail. His con-
victon was prompt, and 1t then seemed as
ne would be afforded an opportunity
twenty-two years Of age, and, considering his long
confinement In prison and the anxiety OF mini that
must nave been occasloned by knowing the uncer.
ATTACHMENT
yesterday morning he was accompanied by his in.
defatgable counsel, William f. KlntZIng who looked
more careworn than his lucky client, after being
AZ the bar.
District Attorney Sullivan said he was ready for
trial in the Purcell case.
Mr. Klntzlng then rose and, addressing the Court,
sa nr ts ease Mas once 1 Seem Ic6 IN ths
the honor OF now addressing. That he was quite
familiar with the facts upon the former trial.
The prisoner dld not deny the killing Of the
deceased but c0ntended 1t the result Of passion
and not Intentional, and that 1t was Of man.
slaughter anu not murder. The jury thought other
wise, NOTWITHSTANDING the humane and correct
rulings OF The Court and convicted the prisoner of
murder. His case was appealed and, the appellate
cOurts-D0th the Supreme Court ana Court OF APP.
peashave. alter careful examination OF the case,
said that tile facts did not justify the jury In their
finding, and have ordered new trial. The prisoner
now. through his counsel, offers the same plea
day that he offered ON MS former arrangement
manslaughter IN the third degree.
District Attorney Sullivan said that under the cir
cumstances he should accept tins plea, the respOn-
They have said 10 Is a case Of manslaughter How
ever much we may differ from them Your Honor
knows 1t Is our duty TO respect their decision.
Mr.. Sparks, the Clerk OF the Court then directed
the prisoner to rise, when the prisoner withdrew
plea OF not guilty and pleaded guilty To granddaughter
In the third degree.
Mr.. kintzinr, addressing the Court, said that the
Legislature very wisely LEFT the punishment sOme-
what discretionary with the Court, the maximum
being four years ana the minimum one year. COun-
sci then commented on the fact that the prisoner
had already been nearly three years in confinement,
TWO or which he was under sentence OF death, which
the Court ought to cOnslder In passing sentence
besides his conduct has been most excellent during
his confinement, and these facts ought 70 commend
him to the mercy OF the Court.
THE SENTENCE.
Recorder Hackett then briefly commented upon
the facts, and said he cOncurred with the District
Attorney In accepting the plea, as It had been In
vited by the decision OF the higher Court He must
say. however, he differed with the Court in the con-
structon they put on the facts Of The The TACT
OF MS lengthy incarceration he would take into con-
sderation, whereupon he sentenced him to hard
labor In the State Prison FOR two years.
The prisoner was then rec0nducted to the Tombs.
Purcell promises to be better man In the future
and says he viii never forget that since his
confinement in prison he has witnessed three exc
cutiOns-tnat OF Real, Jack Reynolds and last sum-
mer the poor negro Thomas This, more than any
thing else, Will make him remember the services OF
his good friend and counsel, Mr.. Kintzlng and the
mercy OF the Court. To-day he will be removed 10
Sing Sing and commence to serve his term OF i'm
l,rISn prna