St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-01-06
WAIT A WEEK
Before Tim Barrett Receives His SEN
tence.
HE MAY OR MAY NOT HANG
In the Discretion of the Csnrt-..Why
Reddy will Not Be Mo-
Tested.

The district court room was filled
again to its utmost capacity. Itwas ex-
pected tnat Tim Barrett was to be SEN
tsnce to be hanged for the murder of
Thomas TOllefsOn, and the morbid
crowd was agOg with curiosity and eX-
element. 1t may have been disap-
pointment, and it was certainly sur
prise, even to the attorneys, that the
event did not take place. The prisoner
was brought i'm at 8 O'Clock,
and as his handouts were re-
moved he smiled and looked about
nm with an uncOncerned air as he took
his seat. His father and brother Frank
took seats at his side, and the three con-
ysersed at intervals during the wait of
forty minutes that followed, while
Judge LOchren, Attorney Erwin and
County Attorney Davis were in consul
tatiOn. When the judge had taken his
seat and the eXpectant crowd had been
raped into silence, Counsel Erwin
arose and said:
II have been informed by my associ-
ate that your honor has fixed upon this
morning as the time that you will pass
sentence upon our unfortunate client.
While it has been the practice of this
court to pass sentence Immediately, it
is not the custom in other courts to do
so, and counsel might discuss the pro-
priety of so doing. Still we have no re-
quests to make the court on that score.
want to call your hOnOr'S attention to
the punishment which the law provides
for the gravest crimes. | mean capital
punishment. The legislature has made
great mistake in framing the law in
question. 1t should define the duty of
the court in cases so important as these.
The law should be condemned. 1t is
one of the most novel in our jurispru-
dence, for it bears not the least semblance
to a wise law framed by an able juriSt.
1t has none of the legal phraseOlOgy and
eXactness. call your attention to sec
ton 166 OF the penal code, which pro-
yides that the sentence for murder in
the first degree shall be death. but it
STIMULATES that. il in the opinion of the
court there are exceptional circum-
stances which make the case one in
which the death penalty should not be
imposed, then the sentence may be
made Imprisonment for life. AS / said
before this is wholly wrong, but as long
as it exists it adds to the duties and re-
spOnsibilitieS of the court. Under this
code, we object to your honOr'S passing
sentence in this hasty manner. You
must be enlightened by counsel on both
sides as to whether there are any excep-
tlOud1 CIRCUMSTANCES Ill UIliS case. we
want to have time to 60 over the record
and prepare such arguments that should
be presented to the court. In considera-
ton of the peculiar power vested in the
court, we ask a stay of at least one week
to go over the record. Of course, this
stay must be as you deem best"
County Attorney Davis said in reply
that he did not object to the stay, al
though he preferred sentence should be
passed at once. He, however, wanted
the inquiry confined strictly to the
record.
Judge Lochren, with deliberation.
replied to the remarks of counsel,
granting stay of sentence for one week,
saying that in so mOmentOuS case
an opportunity should be given to care
fully review the record and the law.
When this was done sentence should be
no longer delayed. In case an appeal
should be taken to the supreme court,
the execution of sentence could be fur
ther stayed. He intimated that he
thought the legislature should have
fixed explicitly the sentence to be passed
in capital cases. He set o'clock Thurs
day next for the hearing of the argu-
inent