St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-01-29

sufficient when we fully indorse the
doctrine that. all motions of this charac-
ter must be committed and permit ted
to rest in the sound discretion of the
court below. We have thoroughly eX-
amined the assignments and found no
error of Judgment, and the order re-
fuSing new trial is affirmed. The case
is remanded for further proceedings"
The syllabus filed with the opinion
reads:
Syllabus defendant upon trial
for the crime of murder
CHALLENGED A JUROR
who was of the regular panel. on the
ground of actual bias, claiming that in
a conversation upon business matters
with fendant'S-mother the
juror had manifested the alleged bias.
The mother. called, SWOre and testified
to expressions of illwill made by the
juror, all of which he positively denied.
1t further appeared that the CONVERSE
ton was in the presence of the jurors
clerk; whereupon defendants counsel
demanded that the court issue its proc
esS and compel the attendance OF the
clerk. that he might be examined as
witness as to the jurors competency:
Held, that under the circumstances of
the case, the court did not err in refus-
ing to issue subpoena, suspend pro-
ceedings and secure attendance OF the
clerk. When upon the voir dire OF
proposed juror, he states that he
is of foreign birth and parentage,,
but without objection is also permitted
to testify that he has declared his inten-
ton to become citizen of the United
States, the apparent disability is re-
moved. The original affidavit of such
declaration, or a copy thereof properly
certified to by the clerk OF deputy clerk
of a district court of this state, attested
by its seal, is also competent evidence
of the declaration of intention. Judicial
notice will be taken IN district court
of the signature and official character of
all persons who have been duly ap
pointed delegates by the clerk, as all
such appointments must be approved
by the Judge of the court. Nor, in pro-
ceedings in the same court, is it ma
terial whether deputy of the clerk,
when signing the jurat to an affi-
davit of Intention TO become a citizen,
designates himself as deputy" or a
''deputy clerk" The clerk is not one
of the officers specially required by law
to have
AND USE A SEAL
upon all occasions. The court itself
clerk, as prescribed by statute. In col
lateral proceedings strict and technical
rules should not be applied when de-
rermining whether or not the disa-
bility arising from alienage has been re-
moved by proceedings under the natur-
aliZation laws. A witness may be dis
credited by evidence as to his reputa-
ton for truth and yeracity, but specific
and particular acts cannot be shown,
except in some classes Of cases, which
need not be specified here. The testi-
mony tended to show that the bullet
which killed the deceased was of the
caliber known as ''3s." 1t was there
fore proper, and of some Importance, to
prove that the accused had pistol of
the same caliber in his possession upon
the night of the homicide. The
defendant denied possession of
the weapon on the night in
question, and also its ownership. He
testified that 1t belonged TO brother
who was witness for the prosecution.
Thereupon tue state introduced testi-
mony in rebuttal, which tended to prove
when and under what circumstances
the accused first obtained possession OF
the revolver, few weeks prior to the
murder. and that it was while engaged
in the commission of another felony.
The object of this testimony, and the
sole purpose for which it was received,
was clearly and forcibly stated to the
jury in the charge of the court. Held
that there was no error. Foundation
being properly laid therefor, witness
may be impeached by showing that he
has elsewhere made statements upon
some matter material to the issue, con-
Trajectory to those made upon the wit
ness stand. If such statements are, in
fact, confessions, the court should first
pass upon their admissihility, precisely
as if impeachment of the witness were
not involved. Ii they are not confes-
sions the court should, as it did in this
instance. charge the jury that state
ments not voluntarily made or induced
by fear. or by the hope of an advantage
held out to witness, should be re-
jected and not considered. Certifying
to the existence of exceptional circum-
stances in a capital case, whereby the
punishment is mitigated to impriSon-
ment for life, is matter peculiarly
within the province of trial court.
The appellate tribunal should not inter
fere with its conclusions unless there
be any palpable abuse of discretion.
Rulings in former cases, where the mo-
ton for new trial has heen made upon
the ground of y-discovered eyi-
dence, followed and applied.
State of Minnesota, respondent, VS..
Peter Barrett, appellant.
The appellant. indicted with his
brother, Timothy Barrett. but utseparately
tried, was convicted of the crime of
murder in the first degree and sen-
fenced to be hanged. From an order
denying a new trial he appeals. Twenty
eight assignments of error, many of
which are frivolous, are presented for
review. The opinion sets forth that the
alleged erroneous rulings are chiefly
upon the admissibility or inadmissi-
bility of testimony, but error is claimed
in the refusal of the court to certify that
by reason of exceptional circumstances
the death penalty should not be i'm
posed. The testimony was much the
same as that given in the case
against Timothy Barrett, so far
as it went, and the opinion
continues: 1.-The trial court ruled cor
rectly upon the many questions brought
to it's attention while receiving the tes
timony. 1t is averred that the evidence
was Insufficient to warrant the verdict.
Evidently the main reliance of the state