The Barre daily times. (Barre, Vt.) 1897-1959, 1913-10-30
JURY OUT ALL NIGHT
IN NOTORIOUS CASE
The Defendant Calls Her
Lawyers Greatest in
Massachusetts"

the jury in the case of Mrs. Jennie May
| Eaton, charged with the murder of her
husband, Rear Admiral Joseph Giles Eat
on, u. s. NJ, retired, at the home at As
sinnippi last March. The jury was out
eight and three-quarters hours. Mrs.
Eaton smiled joyfully when she heard
| the verdict.
The moment formal proceedings were
ended, she put her hands on the shoul-
ders of Attorneys William A. Morse and
Francis j. Geogan, and exclaimed "These
are the greatest lawyers in Massachu-
sets" Mrs. Eaton had sat up the
greater part OF the night, awaiting the
verdict, but had been induced to lie down
on a couch in the judges chamber and
was asleep when the jury announced
that the verdict was ready.
Chief Justice Aiken, who heard the
case, had also retired and it was more
than half an hour later when the court
was in readiness to receive a verdict,
From the length OF the deliberations,
il is believed the jury was divided at
first, and many who have followed the
case believed some of the Jurors for a
time might have favored verdict OF
not guilty by reason of insanity. Sew
eral women remained at the courthouse
all night, awaiting the verdict.
Attorney Morse said he expected the
verdict and attributed it largely to the
fact that Mrs. Eaton took the stand
in her own defense and underwent the
ordeal of two and half days examina
tion and cross examination.
Rear Admiral Eaton died on March 81
last, and an analysis of his organs showed
that death was due TO poison, which
the government sought to show was ad
ministered by his wife. The defense pro-
duced witnesses to testify that the ad-
miral was drug fend, but made no at
tempt to show whether the supposed
overdose was taken accidentally or with
suicidal attempt. The trial began Oct
IA.
Four Verdicts Were Possible.
In making his charge to the jury late
yesterday, Judge Aiken said that four
verdicts were possible: Not guilty; not
guilty by reason of insanity; guilty OF
murder in the first degree, guilty OF
murder in the second degree.
Judge Aiken explained that verdict
of mot guilty by reason of insanity"
carried with it "an order from the court
committing the prisoner for life to an
insane asylum"
He warned the jury to take into con
sideration "misstatements of Witnesses
including the defendant" He said that
Mrs. Eaton's mental capacity should be
considered. He continued: "If a person
is incapable of appreciating that an act
which he or she is about to commit is |
wrong, then that person is not respon-
sible criminally."
Judge Aiken commented upon the fact
that the Eaton case is unique in that |
the government is the party contending
that the defendant is OF unsound mind. !
He said it was usually the defense that |
claimed insanity. While District At |
torney Barker, as a government agent. |
might have been criticised for bringing |
insanity into his side of the case. Judge |
Aiken said the district attorney was act
ing wholly within his rights.
Bitter Denunciation of Mrs. Eaton.
"Malicious intent must be proven but |
a motive is not necessary" said Judge |
Aiken.
The charge to the jury followed bit
ter denunciation of the testimony of the
defense by District Attorney Barker. "It
is a disgrace to the commonwealth" he
said, ito introduce the testimony of a
convict doctor, j. w. Brown, that he
prescribed arsenic tablets for Admiral
Eaton. / brand it lie. And the same
lies have permeated the whole of~the de-
fense."
After saying that Mrs. Eaton was the
only person who had opportunity to ad-
minister fatal arsenic doses, the district
attorney exclaimed "Poison is a wom-
ans weapon" Then he went on as fol-
lows:
''Mrs. Eaton divorced her husband and
married Admiral Eaton Tor his money
and when that money was lost PLAYING
the stock market, she reached a turn
ing point which led the admiral to
grave in Dracut" The district attor-
ney arraigned the defense for "resort-
ing to an attempt to defame the repu-
tation of this old man."
In talking of the alleged mental condi
tion of the accused widow, he spoke of
Mrs. Eaton's probate counsel, Judge
George W. Kelley of Rockland, saving:
Judge Kelley tried to get her into the
hands of experts long ago in order that
they might take care of her. NV heart
goes out to the woman in pity"
After tracing the testimony down to
the night before the admiral died, Dis
trict Attorney Barker said:
''She locked the poor admiral up in ,
room alone. Her daughter Dorothv's at
tempt to administer medicine to the dv
ing man were objected to by Mrs. Eaton.
Finally he cried out, Z want a doctor.
| want DOCTOR and Mrs. Eaton said.
The doctor is coming in the morning,
when she knew the doctor was not com
ing at all"