The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-07
HAToM.
instances Of the Murder.


tavern, at the streets named, and on the night In
question, while there, encountered Jerry Eaton, a
noted character, and James Trainor alias SugarJn,
not less noted than Eaton keeper of the CARPENTER
House. quarrel ensued, and there was a scufle,
In which blows were struck Eaton and his friends
lett went back TO the Carpenter House, armed them
selves and some minutes after went back in search
of Keenan, By this time he had gone to Smiths
tavern, on the opposite corner from Suvans; and
there he was found by the party in pursuit of him.
Alderman Dougherty, who witnessed the shooting,
described on the witness stand the shooting as
well as the occurrences Immediately proceeding IL.
He said:-
on the night of the 11th of June few minutes be-
fore ~ o'clock, passing down Fifth street. from Wal
nut to Prune, at Prune street met two friends, Mr..
Kelsh and Mr.. Tatem; l stopped and talked with
them; we had been talking some minutes when Mr..
Eaton, Mr.. Nellis, and man they call ''Sugar jim"
CTrainor) came up Fifth street and went around the
corner of Prune, and went up Prune street toward
house, called the carpenter House few minutes,
and heard the report of six shots, fired in the
neighborhood of TTainors house, but whether inside
or out could not tell some few minutes after these
reports some six seven men came, as If out OF the
house, and some went on one side of the street and
some on the Others as they passed down Prune street
toward Fifth, heard one OF them say, 'You go the
other y" which one said this don't know, and
don't know whether the defendant was with the
After the party pressed all were on the pavementa
Fifth and Prnne about minute, and in consequence
Of what Mr.. Tatem said, who was nearest the corner
Mr. Tatem, Mr.. Kelsh, and myself went down to the
/
found Trainor pushing Eaton out of Smiths public
house, southeast corner Fifth and Spruce; Eaton
had pistol in his hand after pushing him out as far
the curb Mr.. Heenan came to the door of Smiths
house, he was inside at the time he came out as far
as the door and stood in the doorway Eaton eveed
pistol at Heenan then, but Tranor threw it up and
said, "Not now !" and Trainor backed Eaton up
Fifth street across Spruce street. to the other side,
Heenan' called Ewing back, and on the
mort north side leo Of Isl Spruce: He HeeRan got hold hold OF
was standing then on the southeast corner of Fifth
to stay, and then crossed to the northwest corner
more towards the north than the west looking at the
parties who were firing, who were Eaton and
Trainor both; who fired the first two shots 1 don't
know; the third shot was fired by Trainor, and
was fired Heenan was past the corner of Fifth
and Spruce streets; walking up Fifth after Ewing,
stopped for second, and then started on to
walk again, and said ''You id ours, why don't
were fired got on to the west side of the way and
found Nellis over there; walked alongs lie of him
and made remark to him; then returned to where
Heenan and Ewing were, and by this time Eaton,
TrainOr and Nels, and some seven or eight alto
gether ran up Fifth street; Nellis went up on the
not run, but all the rest did; Ewing was drunk;
Heenan was taken over to Smiths, and then it was
Hutchins, and then carriage to take Heenan to the
hospital, but we carried him there on lounge, and
Smiths door, and Eaton had the pistol pointed,
Heenan said to Eaton 'Jerry, there Is no use using
anything Of f. that 6d am a0d@ mot and he
nS he tns haa nospa arms for Thse seachsa ne s
clothing; l said Eaton fired the fourth shot, and
Trainor the third can't be positive which shot out of
the eight hit Heenan; when the fourth shot was fired
Heenan stopped an instant and then went on again;
they all standing on Fifth street. above Spruce,
when these shots were fred except Nellis, who was
Eaton and Trainor, fifteen or twenty feet
above, towards Spruce street; Eaton and Trainor
feet from Eaton and Trainor when the fourth
and Trainor both fired the other eight or ten
shots; Trainor attempted to fire. and his pistol
after the fourth shot the pistol snapped but won't
be positive; / saw Mr. Heenan at the Hospital; he
was badly wounded % ana very Prosate 9t dd qua not
versaton with him in regard to his living or dying;
that was Immediately after he was taken into the
Hospital. and while he still lying in the hall,
and before he was carried up to bed; he was very
much prostrated; he begged me TO tell him If he
would live until m9rning, or whether he was in any
immediate danger he asked me to tell him after
saw the doctor; saw the doctor, but don't think
communicated what l heard to Mr.. Heenan; / had
another conversation with Heenan about his cond-
ton and he said he felt very bad and he told me to
take his money and give it to his sister If he died.
On the trial the defense called witnesses as to the
quarrel at SullyanS tavern and two witnesses swore
that when Heenan came out of Smiths tavern he
had hatchet in his hand No one OF the witnesses
for the prosecution saw the hatchet nor any weapon
in Heenan's hand. The defense called as wuness
towards Eaton and snatch the pistol out of his hand
before the first shot fired. Other witnesses swore
that Eaton passed up the street before the firing
menced.
When the case was given to the jury, they remained
out but sixteen minutes and then returned with
a verdict of "Guilty OF murder in the first degree
When the verdict was announced EatOnS wife
who had been near him constantly during the trial.
burst into loud sobbing, crying so as to be heard
through the whole courtroom that her husband was
innocent Eaton cheweds his tobacco complacently
and seemed rather Indifferent.
Charles Brooke, OF counsel Tor the accused, asked
that the Jury be polled, which was done, and the
dict recorded, when MIR. Brooke said that he should
move for new trial.
This motion was afterwards argued but refused,
and Gerald Eaton sentenced to death.
ARespite Secured.
Following the trial, the failure for new one and
the sentence numerous efforts were made to secure
O reprieve for the condemned man. Mr.. Brooke, his
counsel paid visit TO Governor Geary at Harrisburg,
and placed in his hands 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 ofense murder in the first degree, and
that they were required TO- and therefore did, unite In
rendering such q verdict but still they believe, and
upon reflection that belief Is strengthened that the
circumstances attendant upon the commission of the
offense relieved IL OF the character OF impera-
lively requiring the niciOn OF the extreme penalty
OF the law and they further believe and respect
fully present to his EXcellency that the ends OF pub
lie Justice will be fully answered by protracted term
| OF Imprisonment OF the prisoner.
Other petitions, numerously signed, were pre-
sented In consequence OF them the following respite
was finally forwarded by the EXecutiye:-
To Peter Lgle, Eq High Sheriff Of The city and county Of
WIreas warrant was heretofore issued by me- under
the great seal of the State bearing date the h day of
said Peter Lyle Thursday, the 2th day of February
1869 between the hours OF IL IN the forenoon