The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1882-03-24
THE SENTENCE.

AS soon as the verdict Of guilty was an
nounced, the prisoners attorneys made
motion for new trial. The court set thu
following Saturday, February 4th, as thu
! time when arguments for the motion would
be heard The defense commenced the
work of securing affidavifs impeaching the
testimony of L. E. Stratton, the alleged
detective who testified to an alleged con,
| fession of the prisoner.
The defense secured two continuances
on the ground that they had not had time
to properly prepare their case. Finally
February 25th was arranged as the day on
which the arguments should be made.
The necessary affidavits were filed on Sat
urday, February 18th, and consisted of the
sworn statements of P. O'Mara and J. l..
Hass, the prisoners counsel, w. Heilwag-
on, the prisoner, E. T. Taubman. of Iowa.
G. w. Framing. of Rural, E. G.. Wilson,
of this city, j. ID. McMahon, of Rock Is
land and S. E. Goodlow, of Rural. The
substance of the first two was to show
that the prosecution had promised circum-
stantial, and produced direct evidence
The prisoner himself denied that he had
ever seen Stratton in Davenport. The last
five testified to STATIONS reputation for
truth and veracity and considered it bad
They would not believe him under oath.
Ou Tic @otH Ol TIC
presented their batch of affidavits. They
included the affidavIts of Jacob Evans,
John Taylor, Thomas Fuller, three of the
jurors who ayerred that the evidence with
out STATIONS testimony was sufficient to
convict the prisoner. Jacob Haas, W.
Haas and E. Guffin, of Rural township
deposed that they would believe Stratton
under oath. E. e. Parmenter and w.
Jackson, counsel for the prosecution, made
affldavits to the effect that they did not
promise circumstantial evidence wholly,
as they stated that direct evidence might
be adduced.
On the converting of court the defense
asked for further time as they stated that
they had received information that Stratton
was to appear as a confessing witness in
murder trial over in Iowa, and that his rep
utation could be proved to be such that his
testimony would have no weight.
The court refused to grant further time
as the prosecution objected to such extern
sion.
Arguments were then made, and at their
conclusion, Judge Smith denied the motion
for new trial. In giving his decision the
court paid a deserved compliment to
Messrs. QMara and Hass for their services
In behalf of the prisoner. Heilwagon was /
ordered to stand up and asked if he had
anything to say why the sentence of the |
law should not be passed upon him. He |
replied as follows:
Yes; / am an innocent man. If / take |
the rope take it as an inRocerft man, If
you hang me, after Pam gone you viii find |
out who the murderer was. Mr. Jackson |
says murder will out, and.afser am dead
you will find out who did the murder You |
will find out that am an innocent man /
That is all have to say.
The court then passed sentence in the I
subjoined words
You have had a fair trial: YOU have
been ably represented by your counsel. and /
you have been convicted By jury It /
only remains for the court to pass sentence, /
which is that you be taken to the county
jail, there to be kept in solitary confine-
ment until the oath of March, on which
day. between the hours of and S o'clock
in the afternoon, within the jail or on the
jail enclosure. by the sheriff to be hanged
by the neck until you are dead. And may
God have mercy upon your soul. !.
Heilwagon replied: Much obliged. You
will hang an innocent man."
The court room was soon emptied of the I
large crowd which had assembled to hear
The arguments, the prisoner was conducted T
70 the Jail to await the day Of his execution.
4