St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-03-04
tirg penalty of murder. Exceptions
must fall within clear lines ImbecilitY

tirg penalty of murder. Exceptions
must fall within clear line s. Imbecility
lunacy, intOXicatiOn, dure SIS, great youth
may be fairly urged as re asons against
the death penalty, but | nowhere find
that because mans hands have never
before been redeemed by human blood
or because an accomplice'S testimony is
that which the jury are readiest to be-
lieve, was such reason. 1t is a pleas
ant thing to plead for mercy; another
thing to stand before court and jury and
say, be firm
'This was a cOld-blooded crime, COM
mitted for money. and it seems that in
asmuch as the spirit of the law is to
prevent others from like crimes, this
court has no right to make this case,
uader the circumstances precedent for
unwise lenity in the future: With a
full sense of my responsibility, | ask
the court to affiX to this Grim the pen
atty the law prescribes-the penalty OF
DEATH"
THE COURTS REASONS.
Judge LOchren then said: 1.-The duty
of this court is to administer the law as
it finds it on the statute book. The
legislature only has to do with the pol
lev of the law. AS to the punishment
for murder in the first degree,
there have been some changes.
1t has been said that the
penalty for the highest crime
should be certain. For murder in the
first degree the penalty is death, unless
the court shall certify that for eXcep-
tional circumstances it be imprison-
ment for life. The law gives the court
no power Of mercy. The question is,
have any exceptional circumstances of
the kind which the law recognizes ap-
peared in this case? The exceptional
circumstances must relate to the OtfenSe
or the party at the time of the commits
to the trial or the evidence. 1t is prob
able that neither party to this crime de-
termlned at the time that he would
commit more than robbery, but the
fact that the robbery was with
deadly weapon shows that taking lite
was contemplated. There is no excep-
tional circumstance here. AS to the age
of this defendant, the law says that
children under seven cannot commit
crime; from seven to twelve, leaves
their criminality to the jury; but over
twelve, makes no exceptions. The
Nervousness and the consequences OF
the crime he was committing, this de-
PENDANT knew perfectly well. We have
been unable to find any eXceptlOnal clr-
cumstances in this case such as the law
requires. The only exceptional circum-
stance is its atrocity."
County Attorney Davis moved for SEN
tence, and the court continued:
"The majesty of the law demands that
the punishment of the wicked be sure
and speedy. In this case it is death and
it becomes my painful duty to pronounce
that penalty upon you. Peter Barrett,
stand up"
Barrett was very pale as he rose and
stood at the bar.
"Have you anything to say why the
sentence Of death should not be passed
upon you?" asked Clerk Terrill.
81 am not guilty, and it will be found
out some time" answered the prisoner
in firm voice.
SENTENCED TO DIE.
Judge Lochren then pronounced the
following sentence: at is adiudged
that you. Peter Barrett, convicted of
murder in the first degree, be taken
hence to the county Jail and there con-
fined for the space of three calendar
months from to-day and then, at a time
to be fixed by the governor, you be
taken thence to the place of execution,
and hanged by the neck till you are
dead -