The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1882-03-01
LEGAL POINTS.
Alleged Irregularity In He'll
wagons Sentence.
What.wiIl be Done in His
Behalf.

The sentence OF w. Heilwagon for tn.
murder Of his daughter-in-law, Dora He'll
wagon, continues to be q topic OF genera
conversation, and considerable interest i
manifested in necessary preparations fol
the execution which win occur on the 24tl
of March at 8 o'clock in the afternoon.
A great many interesting points are rails
ed, and predictions expressed as to tn,
probable execution upon that day ane
Idate.
| 1t is discovered that the day Of exc
cution and the day of sentence are separa
| ted by twenty days, when the revised
statutes of Illinois require that not less
| than fifteen nor more than twenty-five days
| shall intervene between the day of sentence
and that on which the execution is to oc
cur.
THE SAME AUTHORITY
stipulates that the Court has the authority
upon good grounds to prolong the inter-
vening period. The reason for an extern
sion of the ordinary twenty-five days is
said to be that the counsel for the prisoner
before sentence was passed requested the
Court to give the condemned man the
longest time possible. The oath Of March
occurs on Friday, and as that day of the
week Is usually selected for such execu-
tons, it is probable that the Court extend
ed the time two days at the request of the
counsel rather than set the day the preced-
ing Friday, which will be the nth of the
present month.
IRREGULAR.
1t is considered by the members of the
bar that the sentence was irregular in that
more time was allowed than that specified
in the statutes, but they fail to conclude
that it was to the detriment of the prison
er as he has been given two days longer to
live than would otherwise have been the
case. They admit that even If taken to
the Supreme Court the sentence will either
be made regular by that tribunal, or the
case will be remanded back to the Rock
Island Circuit Court for proper sentence.
In either event the prisoner will net derive
any substantial benefit, as the alleged irreg-
ularity will not vitiate the case in any par
ticular.
IT IssAID
that the counsel for the defense will not at
tempt to take the case to the Supreme
Court ON the irregularity Of the sentence.
1t is also affirmed that owing to the lack
Of means the defense can not make bill
Of exceptions from the record taken by al
shorthand reporter, as they are not f1nan
cia1ly able to defray the necessary expenses
in having the testimony Transcribed for
that purpose.
Heilwagon, the convicted and condemn
I'd murderer, is without money, apd so far
IS heard from, he is not possessed with a
single friend on the face of the earth. No
me appears to be interested in his behalf,
md even the members of his family-his
wife and three chi!dren-are not disposed
. help him in the least
There is said to be one man whom He'll
wagon at one time assisted in defending
himself from IN unprovoked assault. This
nan attempted to raise money to defray |
he necessary expenses of removal of the
;ase to the Supreme Court. The effort
vas not successful, and as consequence |
here is no money on hand with which to |
accomplish anything.
HIS COUNSEL.
Messrs. OMara and Hass have devoted |
heir time, talents and also their money to |
he prisoner without receiving q cent of |
They have worked for /
,lory, and they consider that they have
lone about all that could be expected OF
hem. They do not feel disposed to incur
ny more expenses than is essential, and
or that reason it is probable that the case
7ill not be taken to the Supreme Court.
MERCY.
It is probable, however, that Mr. O'Mara,
rho In representative from this county in
he General Assembly, will visit Spring
ED during the extra session of the Legis-
iLuTE. al THAT bl1llG IL Is Ills llISHtlOA W
ltsrview Governor Oullom, and request
nat the sentence of death be COMMITTED to
Imprisonment in the penitentiary for life.
He will base his claims on the character
L. e. Stratton, whose testimony as to
he alleged confession of Heilwagon was
such damaging character. He will show
p the reputation which this Stratton en-
,ys in Iowa, for truth and veracity, and
opes to accomplish some good for his
lent
Executive clenency will no doubt be re
lsed, and Heilwagon viii suffer the full
enalty of the law on the Gath of the pres |
1t month.
An old doctors adyice.-It was this:
Trust in GodMand keen your bowels