The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1882-02-27
Heilwagon to be Executed on
the Oath.
Motion for a New Trial Over
ruled.
Scenes and Incidents when
the Sentence was Pronounced.

new trt2l LOT w. f1eiiWdSOu, the CSASiStCo
murderer, terminated, as was generally ex-
pected, in everything the motion and o
sentence for the murderer, who will be
hanged Friday afternoon, the Gath OF
March,
The court room. was densely crowded.
all the available space being occupied by
members of the bar and the public gener-
ally.
Some little time was occupied by the
counsel for the defense ia preparing an
affidavit for continuance, based on sew
eral letters touching the worthless charac-
ter of L. E. Stratton, who testified that the
prisoner had confessed his guilt to him
two or three days after the murder was
actually committed. When this had been
completed, Judge Smith, after hearing
from the prosecuting counsel in objection
to the delay, denied the continuance asked
for, and stated that the court was ready to
hear the argument in support Of the mo-
ton for q new trial.
ANOTHER AFFIDAVIT.
Before the arguments were formally
commenced the prosecuting attorney, Mr..
Parmenter, stated that he and his associate
counsel desired to make an affidavit con-
corning L. E. Stratton, whose evidence
and character had been Sc assailed. They
were allowed to do SO, and submitted .
sworn statement to the effect that they
had not offered Stratton any inducements
to give his testimony; had never paid HIM
nor knew of Others ccmpensat-
ing him for his evidence; that to the best
Of their knowledge and belief Stratton had
only received the witness fees paid by the
court for his services in the case.
Mr.. OMsra entered motion to strike
from the records the affidavits offered In
behalf of the people, and particularly the
affidavits of s. d. Smith and Austin Wit
ney, whose statements were introduced to
impeach an impeaching witness.
He also asked that the second affidavit,
asking for third continuance, as well as
the letters in support thereof. be consid-
cred part of the record on the motion for
a new trial.
The court stated that they would be so
regarded.
THE MOTION.
Mr.. Haas, after few remarks, read the
formal motion for a new trial, and the
7arious affidavits attached.
Mr.. Parmenter, of the prosecution, fol-
owed by reading the affidavits in behalf Of
he people. :.
The court ruled that the affidavits of J. |
}. Smith and Austin Whitney, objected to
y the defense, were not properly certified, |
nd therefore could not be considered q |
art Of the records.
Mr.. Haas then spoke in behalf Of the
notion. He narrated how the defense |
lad been hurried in taking up the case |
nd claimed that they did not enjoy the |
heir case. He then touched upon the
and showed the contrast between !
he circumstantial evidence promised by |
be prosecution, and the direct testimony
reduced in the shape of the alleged con-
ession as given by Stratton-
MFR. Parnhenter arose to address the
ourt, but the judge intimated that he did
OF consider an argument necessary.
MR.. oMARA,
the defense, was somewhat taken back
y this refusal to hear arguments in behalf
p tba r,arplaw. Ia Cold fba+ ba did vr;ob |
, speak if the court had already arrived at +
decision. He, however, could not resist
lie temptation which the opportunity
fered to say few words in behalf Of his
lent He commenced by touching up
lie prosecution for promising circumstan
al evidence and then producing direct
stimony. He said that if that course
as pursued knowingly by the prosecution
II the purpose of surprising the defend
1t, it was the most infamous conduct that
e history of criminal jurisprudence afford
The court interrupted Mr.. O'Mara at
is point by statiug that the judge did not
re to hear an argument on that subject. |
Mr.. O'Mara continued and attempted to
low the Importance of STATIONS evidence
the jury. and said that if that mountain
falsehoods was eliminated from the case, !
at ne jury would bring in a verdict of {
lilty and fix the penalty of death by hang
g, He also commented on the conflict
g evidence of the children of the accused, |
d spoke of the peculiar fact that no one
the adjoining house to that occupied by
e murdered woman heard the pistol shot
at Monday evening when the report was {
stinctly heard by mail carrier SEINE dis
nee down the road He also stated that
E evidence demonstrated that the bullet 6
md in ths door was of size to fit the
'tol owned by Otto, the woman's hus-
nd whose revolver had one chamber ,
Ipty when first discovered. Claimed |
1t there was conspiracy on the part of
} old mans children to have him hung.
d he thought that another trial should
given to fully Investigate the facts and
+
Mr.. jackson briefly stated that the ac- q
sation against the children was not sub '
inflated by facts. as he pointed out how /
ne of the most important testimony had =