Deliberations To Resume Today _ Heidelbe 2 151970 * “By BERNADINE MARTIN 5A. recess in the jury detib- ‘erations in the Cle Dey mare at was arly before 1 a. leday by Judge Chaves then. ‘They will resume delivera- tions at 10am. today. ‘the Peoria County Cireuit ‘Court jury began their deib- frations at. 7:16 last night, ‘ater hearing almost five buts. of closing. anguments fand. instructions from Judge Then. the jury went to supper at & pm. and returned to the firy- room at 9:50 p.m. Pros. fculion and defense attorneys frere summoned by Judge flor stortiy before itlght apd. they held a conference ‘ch Tasted until 12:40 a.m, AT THAT ‘TIME Heidel- ‘berg, who is accused of the May’ 26. murder of Peoria County Deputy Sheri’ Ray- ‘mond’ Espinoea, was Drought hack to. the courtroom, 25 ere the Jarors. ‘Judge Iben informed them that he wished them to pur ‘their deliberations with fear minds and, noting the- thou, said arrangements had er! made to put them up fo the night at hotel the jury, which began the y's activites at 3:20 am. fad een deliberating a total ‘of approximately three hours fat that plat. Judge Chatles Then in- ructod the jury ether to Hat te dca on uy him gulty of attempted Sined reer nd hn of murder; or find hima ‘of -mardarith the Fecommendation that the firige Impose the death pen ay. Sel Espinoaa was shot ee in the head ashe in the Bellevue Drive-in Theater about 1:90 te morning of May 26 0 in vestigate an armed robbery all, ‘The jury heard a passenger sn Espincza's police ear, tes- ty ta he ate an ‘who stepped fom the bu “right in the eye” before he pilled the trlgger, and saw Fim point to Heidelberg. 2s thal man, rte passenger, an ex-con: ‘ict turned police informer, TLueas,sald_he knew Hedetberg and recognized hm in the Headghs of the Palle car. 1t also heard Mrs. Mayme Manuel tear manager, testy tat te man who came {othe projecton both and Said it was a "stekup” was the same man who ted up the briny dragged he eross the paring Tt the ioc etic wnee the, money was andthe se man Wi ‘hed the fatal shots. She also. Weniiied Heide berg asthe llr. It had heard five hours of argument, from: the proseci {ors and? Heidelberg’s eourt- appointed lawyer, Jack Vie Jey, befare it went to its tite ‘at 716 last he tes ‘mony it heard In nine days ‘of the trial. Th tinal wrt, age rent were made by co-prse- cular Ronald Hamm, Facing ‘the jury, but with an arm ex. tendod ‘behind. him toward Heidelberg at the counsel ta- ble, Hamm said “You are the ones judging ‘this man on the evidence and the Taw In this ese, ‘ut 1 ask you, what id Cleve Heidelbirg Ir. use {0 Jndge Raymond Esponen” question. He said: “A 38 caliber revolver ‘with nient to make a judgment.” ‘Hamm didn't make 2. plea tothe jury for.a death penal- ty. recommendation. His co- proseeator John Riddle di, however, in the fist portion ofthe state's argument, AS. Hamm. was delivering the final sentences of his ar gument, Heidelberg Teaned fver and talked with Vieley. Teowas obvious from his ae- tons that he was disagreeing with some remarks that Hamm had made about what his evidence showed (Geldelberg insisied on de fending himself, but after he ‘was removed ffom the cour- room folowing an outburst, Vieley was. again appointed by he judge.) ‘Vieley, his final argu ment, charged the murder to ‘anther mab, “here should_be_a_sat- ant charging Curtis Smith ‘with murder,” Vieley sald ‘Smith is the man that the jurors had heard about from Some defense. witnesses, but the one man involved in the ‘events of the night that they He Is the man that ne wit. ness, Junius Whit, testified he loaned the murder weapon to about a half-hour before ‘the murderer appeared atthe deivela theater. He said Smith wanted a gun to hold ‘pa drivein theater.” ‘smith is the man that Whitt said had arrived here from California the day of the murder. He is the man that no one Imad ever” seen since the morning of ie murder. No ‘one had any lea where he is Riddle, at one point inthe trial, questioned Whether bo ever existed ‘Viele, is opening state ‘ment 10 the jury, said the ev- ‘denee would show that ane of two men probably was re- ‘Sponstbe for the rime. Tn his closing. arguments Vieley narrowed that down to sth ‘The other man, Lester Mar son, didn't tthe description fot the robber-murderer given by the theater manager, Mrs. Mayme Manuel and the projectionst, Maurice Cre- Mason was brought back from the Tinois penitentiary at Stateille to testify for the efense. He invoked’ the Sth amendment 3 umes in a bef appearance onthe sand, giving nelther Vieley nor’ the prosecutors any am Swers. 10 questions about his activites “the night of the murder, ‘Whit’ had testified that a- son was with Smith when he Joaned him the gun WHITT ALSO tested that about an hour atter the time Bepinora was shot Smith Knocked on his door and wanted to use the telephone, falled Mason and reported to dim. that, “things didn't turn out igh” But” on eross-examination| Whitt testified he didn't ask Smith what was that went wrong, ‘Hamm, in his closing plea to the fury, hit hard at wis “Ht they were all in on planning’ the robbery (Whitt had testified. that he, Smith and Mason had talked about but he had hacked. out) why in the world. dda’t Jun Tus) Whitt ask what went wrong?” Hamm asked. His, {WhIE’S)_ testimony Is unbe- allevabie.” Hamm also hit at another statement made by Vieley in the opening ofthe case. ‘Vieley said. the evidence would show that Mason bor rowed Heldelberg’s car, and that” the reason” Heldetberg was in the area where police Were looking for a suspect ter the car was wrecked was because Mason had feome 10 the door of an aft ferhours. place, Dimp's, and td him the ear was wrecked fand where it_was, Heidel- berg, he said, had gone there {0 100k for his car. Svar used the. testimony of a defense witness, Jay Van Russell, to disereit this theory tothe jury. VAN RUSSELL, under crossexamination by” Hamm, testified that Mason and Mati Clark had come 10 a window of Dimp's, and he had talked with them. He said. at the time Heidelberg was standing in the middle of the room there “asked him if he then talked to Mr, Heideberg. He thought "Twas kidding, and he said he guessed that he did say “a? to him,” Hamm sal rg Case Goes To Jury ‘What I wanted to know was if he had had any con- versation with Heidelberg, And he sai he didn “Then how in the world did the defendant know that Les- ter Mason and Matt Clark were outside, and how did he Find out that his car was wrecked. at Buller and ‘Blatne™ Hamm asked. Hamm began his argument by reminding tne jurors that Heidelberg had been ident- fied by several witusse. “this man is the man who was identified (by Mrs. Man vel and Cremeens) 25. the man who came to the thea ter, who sald It was a hol up, who dragged Mrs. Man- vel 10 the ticket oie after Tying up Cremeéns, and the an who pushed her in his car and drove away. “Phls 1s the man who was entiied asthe man who palled the. trigger,” Hamm Said, In cach ease he painted fo eldetberg and empha sd “this.” “We had three virtual eyewitnesses 0 this shooting How many. must_we have Hamm asked ‘Then he continued, “We had everyone ‘ere ‘who saw the shooting with the excep tlon of one: who cannot come to thls courtroom, St. Espi nora, and he may never have seen’ the man who shot him. ‘When Hamm said this tears came into the eyes of Espl- noz’s widow, Doris, who bas Allende the trial dally. Only at one other time in the inal arguments ald her eyes fl, and. that was when Riddle handed to the Jarors one of the bullets-taken oun her husband's head Vieley pleaded with the ju rors et to conviet an Sno “Sgt. Espinoze's was a tragie death, but inthe same breath, convicting my elient an lnnocent'man—would be feven_ more tragle for then the real calpri, Curtis Smith, foes free and may nover face charges,” he said. He conluded with, “t beg you in the name of justice, Jaw and our Lard and Savior, not 10 convict an innocent