St. Paul daily globe., 1888-08-31
MUST SERVE HIS TERM.
Decisions Handed in by Supreme
Court Justices.

Decisions Handed in by Supreme
Court Justices.
There are some people who wouldn't
be satisfied if they had the earth. They
would then kick to have barbed wire
fence built around it. Joseph Williams
might safely be classed in this category.
Some time ago he was convicted in the
district court of Minneapolis of the
crime of grand larceny in the first de-
gree and eentenced to states prison for
a period of one year and three months.
The penalty prescribed for this offense
in the penal code is imprisonment for
a term of not less than five
years and not more than ten years.
The court erred in favor of Williams,
to escape the slight penalty he
had received. Habeas corpus pro-
ceedings were instituted by his at
tOrney, and a motion made that
Williams be released from prison on the
ground that the sentence, owing to its
irregularity, was null and void. In his
decision, Judge Dickinson says: 'sThe
Judgment is obviously erroneous in
respect to the term of imprisonment,
and might have been corrected by ap-
pellate proceedings, but writ of
habeas corpus cannot be made
use of to secure the discharge
of prisoner unless the judgment was
wholly void-a legal nullity. We are of
the opinion that the opinion was merely
erroneous and not void. The prisoner
SpOndent." Williams can congratulate
himself that the judge didn't give him
the full penalty of five years. Below is
the syllabus of the case:
The State of Minnesota, ex rel. Joseph
Williams, VS.. II. &. Stordock.
Syllabus-A judgment of imprison-
ment for crime for term less than that
prescribed by law, there being no other
defect, is merely erroneous, not void.
The prisoner is not entitled to release
upon habeaS corpus. DICKINSON, j.
FIa TX Twist, father of Verne Twist,
minor. VS.. Winona & st. Peter Rail-
road Company.
Syllabus-A child of such tender
years as to be incapable of exercising
any Judgment cannot be charged with
contributory negligence. But where
child has attained such an age as to be
capable of exercising his judgment and
discretion, he is responsible for the ex-
ercise of such degree of care and vigi-
lance as might reasonably be expected
from one OF his age and mental capacity
A boy of the age, nearly ten and one
half years, and of the average intelli-
gence, had been frequently in the vicin-
ity fOf railway turntable and had
general knowledge of its structure and
operation, and had been repeatedly
warned by his father that it was
dangerous to play upon it and told
not to do so, and knew that the railway
company prohibited children from play
ing on the table, and also knew that he
had no right to play upon it and that it
was dangerous to do so, engaged with
other boys i'll swinging upon it while in
motion, and was injured by his foot be-
ing caught between the arm of the ta-
Bile and the stationary abutments. Held
that the conduct of the boy amounted to
cOntributory negligence, although he
might not have been of sufficient age
and discretion to understand and COM
prehend the full extent of the danger to
which his conduct exposed him.
Special findings of fact construed as
amounting to a finding that the boy
was guilty of contributary negligence.
Judgment ordered for defendant on the
special findings. DICKINSON, j.
In the matter of the second petition of
the Minneapolis 81 ST. CroiX Railway
Company for the appointment of
commissioners for the condemnation
of crossing of the st. Paul, Minneap-
oils & Manitoba Railway Company.
SyllabuS-Under the statute author
izing the district court to prescribe "a
location for the crossing of one railroad
by another, the corporation whose land
is taken for such purpose is only en-
titled to have the place and manner of
with the accomplishment. in reason
able manner. of the purposes conten-
plated, regard being had for the inter-
ests and necessities of both corporations
as well as of the public.
nICIcINcnN