St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-01-13
Timothy Says He is Innocent,
That His Brother Told a
Pack of Lies"
EPwin'S Plea for Life Impris-
onment Does Not Move
Judge Lochren.
Suit Against the Street Rail-
way for $7,000--Various
Other Matters.
TO BE HANGED.

End.
And there hanged by the neck until
You are dead
This sentence was yesterday morning
passed for the first time in court of
justice in Hennepin county, when
Tim Barrett, convicted of completely in
the cowardly and cold-blooded murder
of Thomas Tollefson, the street car
driver, stood before Judge LOchren,
and in the most unconcerned manner
possible. listened while the sentence of
death was passed upon him. The
court room was hushed, the
Judge looked grave, and all eyes
were turned upon him, but he stood
there unmOved, and even smiled. The
spectacle was a strange one, but per-
fectly in keeping with the prisoners
demeanOr during the trial. When court
opened the large room was as well filled
as at any time during the trial. Tim
othy Barrett occupied the same seat
near his counsel that he occupied all
through the trial. When Judge Loeb
rem took his seat on the bench, Mr..
Erwin, the prisoners counsel, arose and
spoke as follows: Il desire to call
your honor's attention to the statute
under which murder is punished and to
the particular facts in this case which
your honor should consider. The penal
code, which gives your honor discretion
in eases of this kind, repeats all the old
laws which treat of the penalties for a
crime of this kind, and therefore all the
laws which required
SOLITARY CONFINEMENT
for a certain time are repealed also. |
argue that the records of this case show
that the defendant is quasi-imbecile.
/ argue that the records of the cross
examination show that this man is a
man OF immature mind. L 30
tlIcted that he should not
be punished for this crime, but | do
claim that his condition is such that
calls for sentence of Imprisonment for
life. The law does not allow the court
TO make it less. The record of this
man. crOSS-eXaminatiOn shows him to be
quasi imbecile. He could not remem-
Der from one hour to another what he
had said. He could not comprehend
enough to make defense. His brain
is sluggish. He appears to be in leth-
argy. He is a victim of some cOngen-
ital defect. which makes him mentally
irresponsible. We have the testimony
Of his sister, uncontradicted, that he
was always regarded as simple
minded by the rest of the fam
lily. 1t has been said that
persons whose brains are affected are
responsible if their mental powers are
equal to those of child fourteen years
old. Now we have had children on the
stand during the trial of this case under
fourteen years and each one of them
showed more consciousness and a better
realization of the danger of this defend
ant than did he. They had a clearer
perception of their position as a witness
in this case than the defendant himself
had. No one can doubt that he is
quasi imbecile. His conduct during the
trial and since is proof positive of the
fact"
COUNTY ATTORNEY DAVIS
in reply said: 81 feel as though | was
urging man TO an ignOminiOus death.
but | think the court should consider
that this crime is such that this man
should have meted out to him the full
penalty of the law, and L hold that this
case is not one inwhich the court should
attention to his failure to realize the
danger he is in, and the fact of his
smiling at anything funny that hap
pened during the trial as a symptom of
his imbecility. l consider it a symptom
of his heartlessneSs. We all know the
vacant stare of imbecility or the wild
glare of insanity. Have we
seen anything of that here?
In think not. 1t is not question of the
height or depth of the mental condition.
1t does not require genius born of God
TO commit murder. 1t does not re-
Qulre great man to commit murder
We have not had proof that this mans
mental functions have been deranged
or that they are disarranged now, or
that they were at the time of the muir
der. III that man escapes the law on
that ground the law becomes a farce"
I'VE do not ask for mercy" replied
Mr.. Erwin, land you could not grant it.
The law does not give the court the
power or right to do so. 1t was not so
intended when the statute was framed.
but there are circumstances which your
honor should take into consideration i'm
fixing this penalty. | will not harrow
up the feelings of the court by stating
the horrible consequences TO the state
If you put to death a man of unSound
mind"
Judge Lochren then said: Il think
Mr.. Erwin is right when he says that
there is nothing in the law which gives
the court power to exercise mercy in
cases of this kind. The exceptional
circumstances claimed in this case are
that the defendant is of inferior intel
Iect. 1T is not claimed that he is ire
spOnSlble, or that he did not know the
difference from right and wrong at the
time the crime was committed. But it is
claimed that he is person whose in
tellect is inferior to that of an ordinary
man, and the question is if that is an
exceptional circumstance. | am con-
WINGED that there are no exceptional
circumstances in this case"
Mr.. Davis then moved for immediate
sentence. Mr.. Erwin objected TO SEN
tcnce being passed at the time. as he
said, for the purpose of getting an ex-
ception on the record.
THE SENTENCE.
Let the defendant stand forward"
said Judge LOchren, and Timothy Bar
rett arose as composed as he has been at
any time during the trial and walked up
TO the clerks desk. In answer to the
question as to whether he had ANYTHING
to say why sentence should not be pro-
nOunced, he answered in rather a loud
voice:
Yes, have"
''What is ito" asked the clerk.
81 am innocent of this crime. | do
not know anything about the murder.
My brother, when he told about me,
lied"
Judge Lochren then said: "As the
result of long and careful trial, YOU
have been found guilty. There can be
no eXtenuating circumstances in crime
so foul as the one committed. 1t is one
that can only be eXpiated by the high
est penalty of the law. Experience
shows that nothing else is sufficient.
should fail in my duty if | should not
admonish you to turn aside from all
thoughts of escape from this fearful
punishment. There is no escape.
Let, therefore. the short time on earth
that yet remains to you be given to re-
pentance and to preparation to meet
your stern. but just God"
The judge then. after short pause,
read the following sentence: