The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-16
LEGAL INTELLIGENCE
Tho nurna ITomicIde.

~ - was opened by Mr.. Hssert for the C9m
lhst the Prisoner sSoi the deceased merely because
Hose the prisoner being member Of the Frahkhn
wssIS's Sn %,Tssses sVs was rr resumsG '0n w
and the @ tbs ngs1 Of the shoobk
A. The q Ihi5d aps MOarps os,s ~,s
AND the two Burns go Into Monroe street, nsas
sSootnF STops up o9aSs %Ssris5 Fourth
lower side q Monroe street 70 roa'tni 6 psiInx 90
some w6men there was man with light nle clio, hes
him as was gons by Hot t6rsv no his hand AM
made the s Sa n s9 RSa sIp% 90 FoaS
and found out tnat chris Bnrns was ShoH heiPeo
John n nioney sworn WOO was IN company 9,na1 Win
Broney on this night. corro6orated Ihas "iheSS
MsTy %YHagersworn-At the time Of the shooting
uhrisiopher ana EdS ara Burns were s1oi; was
'sS s s SS the report
went up IIgbt away audi aw two or three men men walk
doxS on the sIuth Side; dd mot know either q
not the body OF Christopher Burns until, II was
"fnS Sa1Sh a%5Tp 6Sss non'e i've stNo m stanley
street n nifht q ms occnrIsace near 6SHTa one
to ihe corner OF Fourth street and saw three more
hIed by a man standing the car track isAw Chris
SSssS wss SEos snips ,oo s hd op 'i o M Hse' ~ ~ ~
Sentence Of Gerald Eaton
Here Judges rsirce end BrewSser came CO INTO court,
pose Of the case OF 9erad Eaton, convicted o. muir
DER In Lhb hieL degrees. IN taxing Va ny
HetnsD The Court ovsrruled the motions ioT nd new
trial ~ in arrest Of Judgment, ms honor Juuxs
The Commonwealth VS. Gerald Eaton sur motions
Tor new trial and Ia a. rest o. 59dgedn gTdnr IN hs rS
dtgTte After careful examinetlI OF the r. asons
then to justify us in setting aside the verdict The
Tes he 2as ana a. on " The
reason relates to The occnrTenceS a. ., ,gl sgl;
between BeenOn and Trsnor, in which .sS1I, E1s3n
gs sacn % Ana SSs SSss sSo Tne
events were the wihdI avail of Eaton rretnor and
street towsres the oarpen er House, which vas kept
tSst direction; that shortly afterwards several mea
whom h ''iS were Eaton aud Traiuor, hr.t went
Vent s"'iH'nr IN seafeS SSefr Of Keenan, 10 Smiths
the s TsuH %s
and when Eaton 6ecfme principal ,ctoT IN the dih
nf tie fatal hot thai mortal y wounded Keenan, All
6s within ysTy snops spaGs %5 e
iogether with The diiiclIty Salllvans tavern
Of the diicpy and the vsry hrs; Of The fatal
series OF acts which resulted In The deaIh Of Timothy
FrsE els 4dans who was osked on cross exa a S,on
by the DttTict Attorney 4 it was bis ha6it to sell
nls eIamipaiion i9 c6isf mat ne was barkeepsT AZ
man csne IN: hAt Sey sRed or drsSs and Se
waited on them; thai 1 at3n had Deen drinAing and
repeated in crosse nsmiDation that Eaton was
se 5enk SGsp ne ws pun %ss 'hss s
habit 10 sell liquor to drunken men. The object
habit ~itntss cases. buU 90 fGain IL
sSGh IS not bis % habit WI. 6e;msde an ezcset9a Ia
witness and also ss touching the extent of the pri
nise and ruSYaie aeTsinency OF The question fer
lie aGswered 1T was not my habit to sell liquor
DIG not want the liquor sod was for him to object
number 81 tales n ors WHO were brought n,o 81 curs
10 con pele ne Jury ser me regular panel mao been
regular bantl snc three jar rs were wanted 20 COM
SSse & aeI ar are m by VS. @f
said courts, the said sheriff shall 1duce the said
dr.% vs sssSs for o. sve es
talisman required, which names so drawn shall be
wheTeupon veBire shs be issued requr og the sad
persons 20 drawn to serve as a tai Jlro No "a es
Juror sEsli be selecteG or served In any other
Under this act venlre was issued 70 bring in ny
he aMs o inc uTorq 1enre %as ued S
10 bring 10 hty tales tuIors. but he panel was
veHirs was ] hen issued 10 bring IN swessy sales
Jurors and ne 3nTy wa, completed The motion for
that this was illegai that but fifteen name. should
6se So
ConrL; ana SO nPon every suhse?nent ye5iIe sut 80
Court, there were jurors needed TO- complete the
jury. We 90 not think that this 10 the meaning OF
vi The venire facia, to the Sheriff atoommon law was
to reiui only twelve TO serve the petit jury
as there wOu!d have been great inoonvenleoce from
merely
pio, 60. and the full Jury would very seldom be as
sembied, IL seems 10 have always bssu the practice
% 'fs LII is Hale ass He might on he%eges a.
spy time have returned more than that number, for
the pan Ia OWL cases does Lot extend to orminal
pr0ces dings.-Kel. le Bar. Abr Jones, B8.
and under everai OF t6e British statutes, fu jay
90 NOT appear, or be reduceed below the lumber by
challenge death. or Otherwise, The ju5 ges may.
TO appoint many suff Client present as Will
complete the number, and whose names are to be
Oh m a 4 Fri m
Law BIS Glib. Pc "a In capital cases The tales may
oTes aU to hs delays tas @soh sy
aTse from peremptory challenges. Omit. Grim Law,
a Mich. iS Henry VIII In MIDI before the King
tales OF sixty was granted in an appeal ffeooy aad
IA Henry VIII between FerOn and Ashton. in nm ap
peal of robbery, the Sheriff Of surrey returned
In Alfred Bsn6ands case 10 Coke loi b.. 1t is said
the eason why iaea may be prayed Is THAI Is Ia
and ree himself OF trouble and the question OF his
life ior lear hat h. o witnesses should die. sto
IL will be- perceived that the language OF our act
does rot favor the view taken by The defendants
o. unset. The Act saJs;-"Whenever taiesmen are
blished practice, these taesmen are many oIm-
pstent as are necessary to complete the Jury
hRyipgT re pect the number OF perempsory chai-
lei gss which may be Xercsed. and TO he possible
du Qualification OF the jurors who may be snmmoned
S serve as tae jSTor That is he Is to be one Of
SO many competent persons as may be necesssry 70
complete the jury, having respect TO the right OF
IftSe view taken by the dessndAnt's counsel we're
jury. In this case IL necessary TO bring into
s 5ry Sass days Ssrs pe
| an red TO Obtain q jury. IL the talesmen were
no Ss arar. esu.d meS
weeb might have been required before q jury could
Tine act OF 18th Merah 1867 directs the Judges
OF This Court 10 x the nnMe o. petit jurors 70 Ds
think that this appaa as we'll TO veuire 10 be-