The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1882-02-25
AFTIDAyITS.


Last Saturday the counsel for the de-
Tense submitted q number Of afidayits in
which the charge was made that the pros
ecutien took undue advantage Of the pris-
oner in making statements st the opening
of the case that circumstantial evidence
only would be submitted, and this intro
aucing L. Z. Stratton, who testified that
Heilwagon had confessed his guilt to him
The aff1davits also contained tie state
ment of several persons knowing Stratton
that they would not believe him under
oath.
Last evening the following were sub
mitted in behalf of the prosecution:
JACOB EVANS.
made an affidavit TO the effect that he was
a resident of Rock Island, and served as
one of the jurors before whom William
Heilwagon was tried and convicted Of the
murder OF Dora Heilwagon. Aff1ant AYERS
that he did not understand the counsel for
the prosecution to state either in their
opening statement to the jury or in the ex
animation of Jurors, that the evidence
against the accused would be wholly circum
stantial or that no direct evidence would
be submitted. He was of the opinion that
the evidence submitted, exclusive of that
offered by L. E. Stratton, was sufficient to
convict the prisoner.
JOHN TAYLOR
averred that he was o resident of Rock Is
land and was juror on the murder trial of
w. Heilwagon. He made the same state
ment regarding the statements of the pros
ecution as to the direct evidence, and also
as to the guilt of the prisoner, as that of
fered by Jacob Evans.
Thomas Fuller, another juror from Rock |
Island, who served in the case, made sim
liar sworn statement as that submitted by |
the above Jurors.
L. F. Harson, circuit clerk, deposed that
he was present in the court when E. L.
Strattsn testified against W. Heilwagon.
To the best Of his knowledge and belief
the sheriff was not in attendance at court /
at that time.
E. A. Mapes and Duncan Nicholson,
bailiffs, made aff1davits similar in all re-
spscts to that given by Circuit Clerk Har-
son. concerning the sheriff's absence from
court at the time Stratten testified
JACOB HESS.
deposed that he was resident of Rural /
township. He knew E. L. Stratton, who
worked for S. E. Goodlow, of said town
ship He considered STATIONS reputation
for truth and yeracity good among his
neighbors and associates, and would be-
ieve him under oath.
W. Hess, of Rural township, made a
similar affidavit and would believe Stratton
under oath.
Elwood Griffin, Cultural, also made an
affidavit to the effect that he would believe
Stratton under oath:
JAceR SMITH, I,
B resident of Dilmer, Clinton county, Iowa,
knew E. T. Taubman. who made an affidavit
against E. L. Stratton. Affiant stated that
Taubman's reputation for truth and verac
ty was bad, and the afiant would not be- .
ieye him under oath. l,
Austin Whitney, another resident of :
Clinton county, Iowa, stated that he would
lot believe e. T, Taubman under OATH
G. w. O,Nel made an affidavit to the
fleet that he took shorthand report of {
he questions and answers In the Heilwag- {
IN murder trial. From an examination of c
lis report he found that the questions put o
~ the prosecution to the persons examin- c
d for Jurors, in respect to the character of q
he evidence expected to be produced, a
Fere al fr AIMED alphabetically; that in no
Instance did the prosecution state that f
hey relied solely and only upon cireum- a
tantial evidence, but stated in substance b
hat it might turn out to be the fact that f
My cireumstantial evidence would be pro-
uced. 8
B. E. PARMENTRR, lib
attorney. averred thatit was
tated to the jury by w. Jackson, associate
eunsel for the people in the Heilwagonl :,
murder trial that the evidence might be :,
but that there migst be b
ome direct evidence. That it was not t.
lated to the jury that the evidence would
e wholly circumstantial Afflant stated
lat after the trial was commenced and the
ase opened to the jury, he first learned ,
lat W. jackson, his associate counsel in >
le cass, had on Monday. the day the trial "
written to said L. E. Stratton, re
,questing him to appear as o witness in o.
he trial. Affiant did not know that STRAIT re
IN was coming until his appearance in II
3urt. 1t is true that in the examination al
witnesses and in the opening statement, a
o mention was made of confession by
he defendant for the reason that at that u
me the prosecution had no reasonable ex.
ectation of securing said Stratton.s evi- y
ence. Afiant wholly denies that any de- o
option or fraud was attempted on; the
efendant or his counsel. =,
w. Jackson. chief counsel for the prose- Il