St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-02-18
Drank In by the Jury in the
Barrett Murder Trial at
Minneapolis.
Davis Gets Off Fine Language
and Erwin Deals in Scoreh-
ing Invectives.
A Day Devoted to Forensic
Eloquenee, and the Story
Is Yet Untold.
Erwin to Conclude This Morn
ing and the Case Will Go
at Once to the Jury.

The crowd At the court room yeSter-
day morning was as large as at any
time during the trial of Timothy Bar
rett. Nearly the entire bar of Henne-
pin was present and, after the court
room was filled, there appeared to be
as many people in the corridor down
stairs as ever, where they remained the
entire day. After court had been con-
Vened, the county attorney continued
his argument. He spoke until after II
O'Clock. and was Immediately followed
by Mr.. Erwin, for the defense, who
used up the remainder of the day and
will continue his argument this morn
ing. The county attorney commenced by
taking up the testimony of Julius c.
Heyn, the only eye witness of the muir
der, and went over it word by word
He argued that the witness (Heyn) was
not swearing falsely, but that he was
confused in regard to the number of
shots fired, and also to the number of
men seen running away from the scene
of the murder, and he let his magma
ton run away with him. IF he is right
about there being four shots fired where
did the other two go? They did not
strike the ear, for there were no marks
of bullets on the car, and yet the pistol
was fired in that direction. We do not
need the testimony of Henry Barrett
10 contradict Heyn, for he cOntradictS
himself. He was SO uncertain in his
testimony that he invariably used the
words Il think when teStifying. This
alleged quarrel between Henry and his
brothers in regard to their moth
er's property never took place.
and the whole story relating
to it is mere figment, born in the brain
of their counsel. But that is the way
they are trying this case. Like drown
ing men they are grasping at straws.
They have no defense but what their
counsel manufactures. Anything to
save this poor prosecuted boy is their
cry" He then referred to Henry's story
in regard to the murder and said that all
the witnesses and all the circumstances
tended to prove its truthfulnesS. He
then closed his argument with
THE FOLLOWING PERORATION
which he delivered i'll very eloquent
manner: lit is but a step from the
busy streets, where up and down pass
The mighty currents of life in all their
varied forms, to the solitude of the city
of the dead where rest the ashes of
ThOS. TollefSOn. who was stricken down
in the flower of manhood within sight of
his present resting place. 70 him the
wants of material life bring no more
cares, no more joys. No fireside shall
again call him master, no home its lord,
no wife her husband, no mother her
son. The flight of days shall be I'M
marked by him. Spring shall bring its
bursting life of flower and foliage.
Summer with its trOpic breath shall win
nature to mature luXuriance. Autumn
shall brown meadow and forest and
bear forth her golden treasure of fruit
and grain Winter shall Ciff tic
and blow in wild rage its storms across
land and sea, but all these changes of
seasons shall be changeleSs to the silent
dead. For him there is no call or duty.
Within the bosom of Mother Earth his
form mOlders into dust. His soul, l
trust, is enjoying everlasting peace in
heaven. But law lives. justice reigns,
and through your verdict may Gods
eternal fiat grow more clear and solemn,
Thou shalt not kill"
THE LONE PINE TALKS.
When Mr.. Erwin began his argu-
gument, the court room was as quiet as
death. He commenced by SAYING few
complimentary words to the court and
then turned toward the jury and began
in tones much lower than ordinary con-
versation. Each word was measured.
You associate my client with me,'' he
began, you watch me. my face and nv
liiohilSl W SOO llOh L lOOh upOll lIlS
truth. SO in measure my client is
tried through me. What responsible
ity rests upon you? Beware,
lest over haste or over zeal
shall cause you tG take from this
boy that which no man can return to
him. If this defendant is a convicted
murderer he has no rights, but until he
is convicted he is guaranteed by our
laws all the rights of an innocent man.
oil the rights of a jnHnn xr-hn it,
the bench crowned with honor and dig
nifty. 1e yeomen vino received these
glorious rights from your forefathers,
to hold i'll check the people or the DOW
erS, can not prize these rights too
highly as they are the very foundation
of our government. But these rights
have been
RUTHLEsSLY INVADED
by the officers connected with this
prosecution, when they attempted to
eXtort a confession from this boy after
his arrest; when, by threats of mob
violence and promises of immun ty and
reward, they attempted to wiring Of him
statements which would be used against
him in his trial for his life and his lib
erty. The people should publicly de-
nOunce and condemn this mode of legal
action, which is at variance with the
constitution and the rights of man. and
which is part OF the system which was
in vogue in the days of the Spanish
inquisition. When the people of this
country are ready to give up their
rights and to mildly submit to
abuses of this kind, then they
are no longer fit to live under
republican form of government"
An adjournment was then taken for the
noon lntermission. When court recon-
vened, Mr.. Erwin impressed upon the
jury the fact that in criminal cases the
preponderance of evidence was not to
be taken as sufficient grounds for con-
viction, but that the law required the
jury to be absolutely certain. Take
from the convicted murderer all that
can aid and uphold him, but until he is
that. beware lest sophistry or worse
may hide from you the fact that
until found guilty. The primary
duty of the officers is to bring
all offenders to justice, Just as
much Henry Barrett as any one else.
Ills confession does not purge him of
the crime he has committed. The pub
lie tunctlonary may, on his own respon-
Sibility, omit to punish Henry Barrett.
but he is not carrying out the spirit of
the law by so doing. When the state
promised Henry Barrett immunity with
out first finding out what his connection
with the murder was, they did some
thing that they
HAD NO RIGHT TO DO
and exercised power which was never
given to them. This Henry Barrett.
who was bribed to testify in this case by
a promise of immunity, will never be
punished by the officers of the state. but
he will be punished yet; the courts will
yet have to listen to the voice of an
outraged people. and Henry Barrett
will be taken into custody unless the