The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-03
EATON.
An Effort to Secure n Reprieve-EIeVen
OF the jury Request II.

Ot tho Jury hNeGuobb
Another effort, and one that is likely to result
successfully, Is beng made TO secure reDreve
Tor Gerald Eaton, who has been sentenced to be
hung on Thursday next for the murder of
Timothy Heenan in June last. Charles W.
Brooke, Esq, who represented Eaton on the
,rIal. ano Detective Taggart, arrived in Harris
burg at an early hour yesterday morning, and
about noon proceeded to the Executive rooms,
where, after waiting a little while they secured
ali audience with Governor Geary.
Mr. Brooke stated that the object of his visit
was to present number of documents in sup-
port of another effort to secure reprieve for
Eaton. He then placed in the hands of the
Governor petition signed by eleven OF the
Jury who convicted Eaton, remarking that the
twelfth man could not be found.
The jury say that, in the evidence and charge
OF the Court they believed that technically the
grade OF the ohense was murder in the first
degree, and that they were required to- and
therefore did, unite In rendering such verdict;
bnt still they believe, and upon reflection that
belief is strengthened, that the circumstances
attendant upon the commission of the offense
relieved 1t ol the character of one imperatively
requiring the lnticton OF the extreme penalty
OF the law, and they further believe, and so
respectfully present TO his EXcellency, that the
ENDS of public justice Will be fully ans wered by
a protracted term of Imprisonment of the pri.
soner.
The next document was the following aft.
dayit of DR.. Shapeigh which is evidently here
to prove that the second wound spoken of,
which fact for the first time is given to the
puDllCi bISn1 hufC DCCu ulGu lEULu d plSIOl III
hands othsr than those of Eaton, and might
have been the direct cause OF Heenan's death.
This affidavit was sworn TO before Alderman
Dougherty, the most important witness on the
trial against Eaton:-
Personally appeared before me- the undersigned,
who being duly sworn doth depese ana say that he
Timothy Heenan, June IA, 1868 at the Pennsylvania
HI spital; that he found gunshot wound one and
the centre OF the body; this wound fatal there
was also gunshot wound in the left groin. making
E. B sHAPLEIGH, Physician.
'0' w W. DoUaHERTY.
The next paper handed the Governor was
a petition signed by a large number of the
members of the Bar, representing that they
were present during the trial of Eaton, and that
as lawyers they believe, and so desire to
express to the Governor that the case was
not Of that character In which the Legisla
ture ever contemplated a visitation OF the
death penalty. While, so far as the question
of fact was concerned, the Jury might have
been justified technically in rendering the
form Of verdict returned therein, vet they
| deem it a case in which the Governor, standing
| as the last legal sentinel over he rights OF a
| citizen, would be discharging fully his duty in
| refraining from committing the prisoner to the
severe punishment OF the law, and they there.
| fore pray the Governor to retract his execution
| of the death-warrant.
The last document was petition signed by
several hundred citizens pray sing for reprieve.
At the end of the interview Governor Geary
assured the gentlemen that the matter should
receive his earliest attention.