St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-04-02
FOR TINS NEW TRIAL.
The Bill of Exceptions on Which
1t VIII Re Argued.

The argument for a new trial for Tim
othy Barrett, who was convicted Of muir
der in the first degree, and which will
be made before Judge Lochren at the
special term held April IA, will be based
on the following bill of exceptions, which
was allowed by Judge Lochren Satur-
day:
First because the law of the state re-
lating to capital punishment and to pun
ishment for murder in the first degree is
in conflict with the constitution of the
state; second, because the judgment is
not justified by the evidence, and is con-
trary to law; third, because the verdict,
judgmentan sentence thereon is against
the law as given by the court to the jury;
fourth, because the court erred in over
ruling the defendants challenge to
each of the jurors by him challenged
for general disqualification at the
time of impaneling the jury in this
case, as shown by the case and excep-
tions duly settled and allowed by this
court; fifth. because the trierS erred in
overriding defendants challenge to
each of the jurors by him challenged
for actual bias; sixth, because the court
erred in not sustaining each and every
and all of the objections made by the
defendants counsel for the state to the
witnesses called by the state; seventh,
because the court erred in sustaining
the objections made by counsel
for the state to questions produced
by defendants counsel on cross
called by the state; eighth, because the
court erred in sustaining the objections
made by counsel for the state to the
questions produced by defendants coun-
sci to the defendants witnesses; ninth,
because the court erred in overriding
the objection made by defendants an
swer to the croSS-interr0gations pro-
duced by counsel for the state to the
defendants witnesses; tenth, because
the court erred in permitting the states
witness, Chamberlain, to testi-
fly to an attempt to rob him,
as stated in the evidence; eleventh,
because the court erred in having Robert
Jamison and other witnesses for the
state testify to the confessions and adj
missions OF said defendant, Timothy
Barrett; twelfth, because the court
erred in permitting Robert Jamison and
all other witnesses for the state to tes-
tify to the confessions and admissions of
Peter Barrett, co-defendant; thir-
teenth, because the court erred in the SEN
tence passed upon the defendants; four
teenth, because the court erred in not
certifying of record its opinion that by
reason OF exceptional circumstances the
case is not one in which the penalty of
death should be imposed; fifteenth.
newly discovered evidence material for
defendant which could not, with reason
able diligence, have been discovered and
produced at the trial, as fully shown
by the affidavits filed herewith of
Il, I'D, TaJ
Mrs. Gertrude Heyn, Edward A.
Mitchell, John Barrett, George Robin
son, William Petman, w. III. Donahue,
w. w. Erwin and Timothy Barrett: six
teenth, that the court erred in overrul-
ing defendants motion to strike out
testimony as the same appeared duly
excepted to in the case and exceptions
herein allowed.
A bill of exceptions In the case of
Peter Barrett will be presented to the
court on Wednesday next.