The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1889-02-07
NOW FOR THE 8

st. Paul, Mimi, January 20, 1889.
Judge Collins, Of the supreme court, yes
terday handed down a decision which SO far
as that tribunal is concerned settles the fate
of Tim and Pete Barrett, the murderers Of
Thomas Tollefsen. The decision is averse to
a new trial in both cases The de-
cree. of ourse is concurred in by the
full bench. The information that a new
trial had been refused the condemned
brothers created no special surprise in Min
neapolis, where the cowardly and unpro-
voked murder of July 26, 1887. and all its
attendant sensational circumstances created
a more intense feeling han wal ever before
created in the Northwest. The decision
comes almost exactly on the day which
marks the eighteenth month of tho atrocious
deed. The story of the crime, twice re-
lated in s clear and connected
a n by Henry Barrett. the brother and
accomplish who saw fit to take a most un-
natural role to save his own neck, is yet
fresh in the public mind. Old Mrs. Barrett,
the mother of the murderers. seems to fee
most keenly the uncertainty of life with her
sons She has been awaiting the decision
from the higher court with an interest SO In
tense that she sometimes appears
to be O mental wreck. While
Mr.. Erwin and the other attorneys in the
case have encouraged her, she was sagacious
enough to know that that was part Of their
business. During the past few days the old
woman has been in o state of feverish ex-
element The only one who did anything
which was calculated to prepare the old
woman's mine for the inevitable was
the female astrologist who q few days
ago read the PIONEER PRESS and then told
Mrs. Barrett that she had it straight from
spirit land that her beloved sons would find
no consolation in the supreme court How
ever, the Barrett family appears to be one
whose characteristic is h~opefulness. This
trait is as apparent in young Pete as In any
of them, and perhaps more so, and he was
more surprised than Tim.
q NEWS AT THE JAZZ.
The news was received at the sheriff's
office about s O'Clock yesterday afternoon.
1t was not received in official form, but the
sheriff at once took c~ognizance Of it, and
made arrangements accordingly. Deputy
Sheriff Eye is still confined to his home on
Seventh avenue south, and is con-
valescing after a two-weeks' ILL.,
ness. Deputy Sheriff Shepley Informed
the sheriff, and the latter gave orders to have
the murderers given new clothing through
out, and placed in separate cells in the third
or upper tier. Tim had been confined in the
lower tier, and Pete in the tier above. There
were several prisoners in tho upper tier, but
these were distributed in the other two
tiers Jailer Riley was the first to
inform tho murderers of the action of the
supreme court Peter appeared greatly sur
prised, and the youthful face which has
hardly borne a solemn expression during all
this terrible ordeal now looked the picture
Of encouragement
Il expected that we would be given q new
feel that I am innocent, and do think I ought to
have q new tril,"
The young prisoner was not disposed to
say much. After the above sentence he gave
a heavy sigh, assumed a brighter aspect and
told the officers about him that while the
news was bad he was not giving Vi The
boy has unlimited confidence in his attor-
ney. He has not been alone since his SEN
tence. but has been mixed up with a
gang Of spirited, devil-may-care young
fellows, and naturally enough he
did not seem to realize the situation. His
present changed position will no doubt bring
him to his senses. Jim was told the news a
few minutes afterward. He was surprised,
but hardly uttered a word. He was more
nervous after that than before, and this was
about the only change. The prisoners asked
that q telegram be sent to Mr.. Erwin and
the eques was complied with. Jim was in
dignant when the officers started to search
and undress him. He rebelled and said: 81
don't think you have got any right to do this
until I hear from my attorney"
It is the intention to keep the Darretts in
separate cells in the upper tier, instead Of
placing them in the cage constructed for
their special use Immediately after they re-
ceived their sentence last spring. Sheriff
Eye a y the apartment is q mis-
erably constructed one, and that he
would not rest with the men in
there. The cell is in the city department. 1t
is about six feet long and four or Ave feet
wide. with the light coming in from the top.
This cage work above, the sheriff says, would
make it an easy thing for the prisoners to
use their suspenders or something else and
hang themselves il they felt SO disposed.
Where they are now there is no chance for
that. as the top is solid sheet iron. The lattice
work at the rear is to be covered up.
1t is the intention to allow the men to walk
In the corridor, leaving one man out one
houz and his brother out the next. Marston
". Shaw and Mr.. Tlngley are detailed to
watch the prisoners. Mr.. Shaw will watch
nights Mrs. Barrett learned the news Inst
night. but did moi visit the Jail as was ex-
pected. She said: -rsss
It lisa shame. I expected something better.
especially for my poor boy Pete. BE is as in
nocent of this murder as / am. and it is q crime.
I have felt lately that there was q cloud over the
boys which would never be raised. .
Sheriff Eye does not think Mrs. Barrett is
in her right mind, and does not care to have
her round the Jail much. OF course shs
wfll be allowed to see her boys o~ccasionally,
but she will not be allowed to give them
food, as she has been doing: The sheriff In
tends to provide the prisoners with whatever
they want himself. The sheriff expects to
receive official notification Of the supreme
court decision this morning. The governor
will probably fix the date Of execution very
soon.
Mercy for Fish.
WASHINGTON. Jan. 28.-The president has
committed the sentence OF James D. Fish. for
merly president Of the Marine National bank OF
New York, who was convicted in April, 1885.
OF misapplying the funds OF that bank. and sem
fenced June ~. 1886. to ten years imprison-
the first count Of the Indictment. with the state-
mept that Judgment for q like punishment will
be entered upon conviction. had under ten
dorsement In this case Ia as follows: This con-
vict IL sixty-nine years Of age. Prior to his con-
viction hc was trusted and respected by all who
ton for his pardon thore is no occasion
to refer to the nature OF hrs offense, nor to come
ment upon the evidence upon which his 'convfc-
lion for executive clemency signed 20 numer-
ously as the one presented In this case by citt-
gems Of great responsibility and business stand