St. Paul daily globe., 1888-02-09
Of the Shooting Of Street Car Driver
Tollefson Placed on the Stand by
the Defense.
His Testimony Is Important and Contra
diets Reddy In Essential
Details.
John Byrnes Opens for the Defense in
n Speech Which Roasts Almost
mD Everybody.

the murder of Tollefson. 1t is little
/ singular that, although this man, j. G.
Heyn, had testified at the inquest and
that this fact was well known to the
prosecution. yet he was not called in
the trial of Tim. The defense, which
had no time to prepare Peters defense,
knew nothing of Heyn and his testi-
mony, so 1t is not strange that it did not
call him. The natural conclusion is
that the prosecution did not want him.
his testimony, if cOrrOborated here
after, will strangely affect the case. He
saw the four shots at distance of only
nifty feet, and saw two men run away
together. This is contradiction of the
statement of Reddy Barrett. both as to
the shots and as to the men running.
Another sensation was the opening
address of John S. Byrnes. John is an
orator from way back, and he cut loose
Ill this case. He outlined the theory of
the defense, and told the court and the
public the facts upon which the de-
tense will rely. Withal, it was an i'll
teresting and important day i'll the
history of the fresh trial.
luiI MOhNING SESSlON.
When the trial opened the state called
u. w. Fassett, G.. Erickson, Annie
Erickson, Louisa eastman and Kate
Wilson, all Of whom testified to hearing
the pistol shot and screams on the night
OF July 26. Chloe Belts was then sworn.
She was present at the last trial. but
thiS Is the first time she has been on the
witness stand. She testified as follows:
Il am sister of Henry Barrett's wife;
have been living with them since last
May. We were living at 1880 Fort ave-
nue. last July. On the Goth of July saw
the three boys go away together after
we had our supper. About IL o'clock
my sister and l laid down OH the bed
without undressing and went to sleep.
We were awakened by some
one coming up stairs and
although | saw no one, / heard Henry's
voice. He called to his wife and she
got up and went out into the hall.
While she was ont in the hall went to
sleep again. The next day saw the
three boys about 10 o'clock" She then
told what she knew about the water
. lilies which Henry brought to the house
OH the 28tll, and said she did not re-
member of Tim or Peter ever sleeping
on the pool table.
On cross-examination she said when
she heard Henry's voice on the night of
tine Goth she did not hear any other
i noise that would indicate that there was
15gl ANY ONE WITH HIM.
J. Neither did she hear any noise down
stairs like some one cutting or pounding
tin box.
With this witness ended the evidence
for the state. J. T. Byrnes. one of the
counsel for the defense. then opened
that side of the case. He began by des-
.canting upon that bulwark of liberty.
1.-THE trial by jury. He then turned to
the jury and said:
t1sAfter hearing the details of this ter
rlble crime you are probably shocked.
THIS jury and the men on the Jury have
a great and magnificent duty to per-
form. The jury is above the court
above everything. When this case
started you were told Henry Barrett
would come OH the stand and with tears
coursing down his cheeks tell his story
because of his remorse. Did he look
like a penitent man? Did he look like
victim of remorSe? Look at the prOs-
ecution in this case; look at their vim
dictive policy; how they have tried to
convict this man by perjury, a venal
blacken the character of the witnesses:
and this poor old mother. whom this
penitent, Selt-cOnfeSSed murderer SAYS
he hates, and this old gray-haired
father, whom this penitent son shot at.
and tried to take his life in cold blood.
Mr.. jameson said of the last jury that
if Hennepin county had been ransacked
from one end to the other
A BETTER JURY TO CONVICT
their man could not have been found.
Look at the way this murderer acted
when on the witness stand; his defiance
of the court, and his conduct towards
the counsel. He knew whom he had
behind him to bolster UP his daHlnable
story. 1t is said that this man is in
training for our detective force, and a
fit companion he is for the members of
the detective force, a force made UP of
men who live Off of the inmates of the
houses of prostitution; fit class, in
deed, is he to associate with this combi-
nation of pimps and periurers. Why, I
have seen members of this detective
force commit perjury to send man to
Jail for thirty days. How much more
would they commit perjury for large
reward? Do you suppose it this de-
fendant was son of q millionaire that
these detectives would be against him?
Do you suppose the baiiiffs in this court
would all be against him, and employ a,
code of signals to inform the pr0secu--
| tion whether to call certain witnesses
or not as they have all through both of
these trials? Do you suppose that the
press would be against this defendant
| If he were the son of millionaire, and
would they have printed the stuff they
| have to try and prejudice the people
against these defendants" Court then
| adjourned.
MIR. BYRSES CONTINUES.
| When eeurt opened after the noon
| intcrmission, Mr. Byrnes continued his
| opening address to the Jury. He re-
| ferred to Mr.. Hankinson. the chief of
| detectives, who said oD the stand that
| they were not permitted to take re-
! wards, but when asked on cross exam
| ination if they did mot take them he
was compelled to admit that they did,
well knowing that it could easily be
! proved. He continued: "Now look at
this Reddy Barrett, this maligner of his
own family, who committed this crime
| himself, and see how he is cOrroberated.
| The county attorney, in order to brace
| UP his story, says he sells this story on
account of remorse. Then look at this
fbifliard cue, which was purchased
iaeg0SS the street for quarter of dol
lar; and when it wasushown to Reddy
Barrett, when on the stand. and asked
if ii was not the cue that he threw over
the fence, he said L think it is: yes,
that is the one.' This is the way this
pefiurer is corrOborated. This is some
of the states corrOboration. He tells
about the three of them standing
by the street car track when John
McKinnOn's IS car came along and stopped.
n ctn md
says the three men were not standing
where he said they were, and that he
did not stop his car. Then Foster, the
Cedar avenue grocer, says that he passed
the three men at an entirely different
! place from where Reddy Barrett says