The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1882-02-10
HEILWAGON.
The Prospects for a New
= Trial.

.sa lEidls
s sasasz so = TIT sSges So
| How the Murderer Regards
His Chances.
The arguments for new trial in the
Heilwagon murder case whose conviction
occurred last month, will be made to-mor-
row afternoon, as it is understood that
Judge Smith win be present at that time
by agreement, with the opposing counsel,
and pass upon the motion for second
trial. In case the new trial is granted,
which is not considered probable, the con
victed man viii have another chance for
his life; while if an adverse opinion is de-
ivered the court will also pass sentence
upon the prisoner and name the day on
which his execution will take place. This
latter can not be named before the last of
March as the day Of execution must fol-
low the converting of the Supreme Court
to enable the counsel to take an appeal to
that tribunal as last resort for the life OF
the convicted man.
THE MOTION,
as is generally known, was made on the
morning when the jury rendered their YER
diet against the prisoner and fixed the pun
ishment at death by hanging. It was orig
inally agreed that the motion would be
argued last Saturday, but the counsel for
the defense found it impossible to prepare
their arguments at that time and hence
asked for a weeks time. This was grant
ed, and to morrow the arguments will be
made. The first postponement was asked
for on the grounds that new evidence had
been discovered concerning the detective,
E. L. Stratton, who testified that He'll
wagon on the 9Th of September, confessed
that he, (Heilwagon) had murdered his
daughter-in law Dora Heilwagon. on Mon
day night the 5th of September
J. L. Hass, junior counsel for the de-
Tense visited Charlotte. Ia, the home of
the detective and remained there the most
of the present week. He probably gained
some information that will appear in court
tomorrow afternoon.
PROBABILITIES.
1t is not thought probable that Judge
Smith will grant the motion for new trial.
The evidence was so damaging to the pris-
oner, charged with the crime, from the
commencement of the trial to the conclus-
ion, that the testimony of the detective
was not deemed essential to the case The
eircumstantial evidence all pointed to
confession was not material, as the crime
was fastened upon him by the testimony Of
his actions on the Monday night when the
murder was committed.
The counsel for the defense will appeal
the case to the Supreme Court. which
meets in Ottawa the early part of March,
at least that is the decision of O,Mara and
Hass at the present time. as it is learned
that a sufficient sum of money can be
raised to defrsy the necessary expenses of
such proceeding. If they fail to secure a
in this latter move, Heilwagon
will undoubtedly suffer death on the day
named by Judge Smith, of the Circuit
Court, tomorrow afternoon
HRILwAGoN
is improving in health and his spirits are
correspondingly elevated. He has had a
with his attorneys and draws
renewed hopes of life from the efforts
which they are making to secure new
trial He feels that the jury based their
conclusion and verdict largely upon his
confession, as related by the detective,
from Charlatte, Iowa, and therefore reasons
that if any testimony is obtained deroga-
tory to Stratton, a new trial should be Civ |
en- him.
He commenced to regain his former de-
and apparent indifferent manner
about the time that he learned that there
was an effort being made to secure evil
dence upon which to base the motion for
a new trial. -
Before that time he had completely
given up, and was preparing to die the
NASa1A POd eho o1saAoiO.
The present movement in his behalf, has
given him a ray of hope, and to this he
will cling until after the Supreme Court |
has refused to interfeer in the case next
March.
He occasionally leaves his cell in the
jail and walks about the Corridors, |
but refuses to mingle with |
the other prisoners as was
his custom during the earlier days of his
He still requests the |
Sheriff not to admit visitors who come for
no other purpose than to see the muir
derer.
HIS FRIEND
The Sheriff is besieged with persons who |
desire to see the convicted prisoner. They |
admit that their visit is prompted solely |
by curiosity, and as a rule they fail to ex-
anime the interior of the jail. A few days |
since resident of this county visited the |
Sheriff and sought to obtain admission to |
.he jail, for the purpose of seeing He'll |