The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-03
The IEeennn Homicide,

COURT OF OYER AND TERMINER-Judges
wealth VS.. Gerald Eaton, charged with the
murder OF Timothy Heenan, at the corner OF
Filth and Spruce streets. on the 18th OF last
June, Is Sill before the Court, this being the
sixth day.
James Rossiter being sworn said-That at
the time the shooting occurred he was stan ling
on the southeast corner OF Filth and Spruce;
and described the affair az the preceding wilt
David A. Nagle sworn-testihed that on the
night OF The difnculty he and Mr.. Heenan went
into Sullivan's tavern, on the southwest corner
OF Fifth and Spruce streets, about halfpast IL
o'clock, and soon Eaton, Trainor. and n man
med Ellis ente cred; the witness aud Heenan
asked theEe parties 10 take a driuk with them
but Eaton and Trainor refused; the latter re-
marking that when one Tom Philips got we'll
he would slug Heenan; unpleasant words then
TraiDor in the face; Eaton arose form his seat
and, pointing a pistol at Heenan, advanced
towards him, and said he would not allow
Tranor to be abused; no more words passed.
but Heenan left the house; the witness re-
mained, however, and soon heard NUMBER OF
shots f1Ted; he FASTENED mp TO Smiths. and
found Heenan sitting In chair; he did not see
the deceased have any weapon, and considered
him somewhat under the influence OF liquor.
DISTRICT COURT, No. l-Judge Thayer.-EVans
VS. Dehaven. An aciiOn to recover boot agreed
upon In an exchange of horses Before re-.
ported. The defense set mp that the horse was
what he was warranted to be, and therefore the
contract for the payment OF difference filled.
Horace j. Beemer vs. Phelsn d Bueknell
An action to recover for lumber sold and de-
livered. On trial.
DISTRICT COURT, No. 2-Judge Hare.-James
McClenop vs.. N. q. Peterson. An action To re-
cover for services rendered as coachmAn to the
defendant. The defense set up that plaintiffs
claim was greatly exaggerated, as he had been
paid every cent that he was entitled to by his
agreement when he took the position. Ver-
diet for the defendant.
Amelia and Catherine Ewing Vs. George l..
" ait, Joseph Moore, and John W. Donnely.
Verdict by agreement for plaintiff for Sl49oI
Edward A. Lock VS.. Henry ID. MeArs. An
action on proInissoTy note. No defenAe. Ver-
dict for plaintiff for 37S720.
Henry Phillippi We. William b. Hood. An
action 10 recover for work and labor done Yer
dict for plaintiff for $3.50.
Gniseppina Morlachi VS.. John e. McDonough.
This was an action to recover wages for three
weeks as principal danseuse in the Black Crook
ballet at the Walnut Street Theatre last winter,
the amount claimed being at the rate of 500
per week. The contract betwse Morlacni and
lhe defendant was that for three months she
bould dance at any theatre engaged by him at
such times as should be required at the salary
above mentioned On her behalf she claimed
that she fulfilled the contract but he refused o
pay her for her services for three weeks in this
city. The defense set forth that when Mr..
McDonough was preparing to bring out the
pie ece here last summer the plaintiff was dane ng
In Chicsgo, ard he teegraphed her to come
here by the l7lh OF July, but she delayed her
arrival until The 10th, thereby falling TO meet
his call, and breaking the contract, which re.
lieved him OF liability upon it. The plaintiff
answered, however, that during the three days
from the nth to the 20th McDonough had no
theatre prepared, he not bringing out the piece
uDtil the S OF August, and therefore there was
nothing for her to do, and her delay did him NO
damage. Jury out,