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LONG TER'.: HREATENE:HEATHCOTE INDICTED UNDER A LAW RARELY USED,Charffed With ring n Hom* In the Night Time With the lwteat t» CewmJt. Murder and it CohtIcIed M»j Be Sent lo the PenHentiery for Life.Elijah Heatheote, the man who made a murderous assault on hte wile at Twenty-second and Cottage Grove avenue the night of June 11 and shot her four times, was a very much surprised man when brought into court yesterday on bench warrants issued, on three Indictments returned against him. He had expected to get out on an indictment for assault with intent to commit■murder with a maximum penalty ofv ten years. Instead two charges under this section were returned against him, and a third charge of breaking and entering in the night time while armed and with the intention to commit murder tvas lodged against him.TJnder this third indictment, which is brought under section 4783 of the criminal code, Heatheote, if convicted, canbe ^sentenced to the penitentiary for life* it the first time an indictment has been returned in Polk county under this section. It provides, if a person breaks or enters an inhabited building in the night time with the Intention of committing a felony and while armed, that he may be guilty of burglary, and the following section providers-that he may’be sentenced to the penitentiary, for any term up to life.It Is under this section that the court proposes to bring him to trial first, and if the judgment is what the prosecution thinks it ought to be, it is not likely that the other cases will be tried.The witnesses before the grand jury told practically the same story recited in justice, court at the preliminary trial. They stated that Heatheote went to the home of his wife, who’was an applicant for a divorce, armed with a. shot gun; that he fired two shots through the door at hi-s stepson, Robert Bathofomew; that he then brok^ into the house, and, securing a revolver, fired again at his stepson and then knocked down his wife and shot her four times with.a revolver. Mrs. • Heatheote was sufficiently recovered to appear before the jury to give her testimony. . Heatheote was admitted to bail in the sum of $2,700 and will be arraigned to plead today. It is understood he is willing to plead guilty to the charge in one of the minor indictments, but that this i»3 not acceptable to the state and that the prosecution ! will insist upon his going to trial on the burglar indictment.•• fi r \Iba. Ba.1IIcii1tra«asGSCP0c1lt;f:hct;av.s*a;hjulirrITuoukuaitPslt;atlito:Pe*ECP»»*•lt;v*;lt;Firhft3li
Newspaper Details
Des Moines Daily Leader
Des Moines, Iowa, US
Fri, Sep 27, 1901
Page 1
Full Page
Clipped by
Anonymous
OK, USA 10 Jan 2023
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