The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-01
LEGAL INTELLIGENCE.
The Heenan Homicide.


COURT OF OYER AND TERMINER-Judges
PeiTce and Ludlow.-rnis mOrnlng the third
special venire, consisting of twenty i've names.
which was issued yesterday, Was returned
The wanting juror having been OBJ
tsined, MIR. Brooke renewed anu pressed his
application OF yesterday for continuance of
the case because of the alb ence OF a material
witness for the Defense which was refused.
The jurors were sworn or affirmed, and the
Clerk of the Court, Mr.. Gallon, read the indict-
ment TO them, giving the prisoner into their
Attorney Hagert, the witnesses, both for the
Commonwealth ana the prisoner, were ex-
cluded from the Court room, aud kept in sepa-
rate rooms until called TO The witness stand.
Mr.. Brooke objected to having he witnesses for
the prisoner placed in a distinct room. because
that course would point out to the Common
wealth who his Witnesses were, which he denied
the right OF the Court to do, though he was
room. The judges overruled this objection
saying that when witnesses were in attendance
at Lhe trial of cause tne Court had the right to
command their presence.
Mr.. Hanert ope ned tue case for the Com mon
wealth. promising that though the indictment
charged the crime OF murder upon three per-
sons, William Nellis, James rraiuer, aud
Gerald Eaton. yet only the last of them was
trial, md Trainor having fled the jurisdiction
and being still at large. He commented briefly
upon the law OF homicide, and gave a concise
sketch Of the facts OF the killing as 1t was ex.
pected TO prove them, saying tnat he had no
doubt the jury would md 1t TO re wilful, pre-
meditaied murder. These facts we will give as
developed by the testimony of the witnesses
Dr. f b. Shapleigh, the Coroner's physician,
the body Of Timothy Heenan at the Penn
sylvauia ospital ON the Nth of June last, and
found gunshot wound about an inch and a
half below the ensiform ca, tilage, which is
continuation of the breast bOue; the ball passed
inwRTds and 10 The right, woundiGg the lower
part OF the right lobe of the liver, wouudIng the
duodenum, which is he beginning OF the small
intestine; the bal then de fected. passed through
The large muscles of the DacR, and mad bsea
extracted Immediately above the hp-bone,
three inches to the right of the spine; the de-
ceased came TO his death in consequence of this
wound. being
hemorGhage and Inflammation.
Dr.. E. Huichlns sworn-On the morning
of June .l2, between IL and l O'Clock, L
was called to see man at Smiths tavern,
southeast corner OF Fifth and spruce streets, and
found Heenan lying there Ia a back room,
wounded just above the navel; L suggested that
he should be Immediately sent to Inc Hospital
l saw him no more; Alderman DougherLy
called me to see The wounded man, wnom
never knew before.
Alderman William Dougherty sworn-I knew
Timoi Thy Keenan,; last saw n ia at the III ospi al;
he was dead; was present wnen Dr.. Snapielgu
made The post mortem examination of the
body of Timothy Keenan,; on Tnursdey night,
June IL last, a few minutes before II O'Clock,
passing down from Walnut street to Prune, on
Fifth, at the corner of Prune met two friends
of mile, Mr.. Kesh and Mr.. TaLham 1 passed
over to Lhem and We began talking; In few
one they called Sugar Jlm," VINO, believe, is
TTainor, came up Fifth and went no Prune
towards Sixth, TO oTrainor public house, called
the Carpenter House; three or four minutes
afterwards heard therepOrC of six shots in the
neighporhood of Tratnor's house; some few
eight men came from the direction of the
house, and some out of II, and some stood on
one side OF the street and some on the other
as they passed down Prune street towards
Fifth heard one Of them say, You go on the
other sde;'' was then standing in Kelch's
doorway, at the corner OF Fifth and Prune
streets, and cannot say that Eaton was among
this party; We stepped out on the pavement,
when Mr.. latham walked to the corner, and IN
consequence of something said by him, Mr..
Kelsh and myself and Mr.. latham went TO the
TTainor pushing Eaton out of Smiths public
house; this house is on the southeast corner of
Fifth and Spruce streets; Eaton had pistol In
his hand; after pushing him out as far AS the
curb, Heenen, the deceased, came to the door OF
Smiths house, inside of which he had been;
Eaton leVelled pistol at Heenan, but Trainer
now" Trainor backed Eaton up FifGh street,
across Spruce, and an intoxicated man named
Heenas called Hewlng BACK, and on
the north side OF Spruce street caught
hold OF him and asked him to
come back; after Eaton and Tranor had gone
up Fifth street. some twenty feet past Spruce,
there were two reports OF pistol; crossed
toward the northwest corner, looking at the
parties who were firing, who were Eaton and
TIainoH both; who fired the first two sho
don't know; the third shot was fired by Trainor
and the fourth by Eaton; by the time the fourth
shot was fired Heenan was walking uD Fifth
street after Fleming, Eaton. and Trainor; at
the fourth shot Heenan stopped for a second
and started on after Them, and said to them,
You d-n cuss, why don't you waltz some
eight or ten shols were fired; wnen got on the
west side of the way found Nells there, and
walked Desioe him by this time Eaton, Tralnor aud
went up the on the west side OF the way but did
not the others ran up The east side; when went
took hold OF The latter for the purpose OF getting him
down 10 Spruce street; HeeD An over 10 smiths
corner ana was found to be shot; then had him
The testimony OF the Alderman was not con.
cluded when the Court took recess.