St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-11-21
DISSENTING OPINION.
The following is the dissenting opin-

The following Is the dissenting opin-
ion:
/ concur in the result, and with the
reasons given for the decision of the
court, with one exception. The evil
dence of the witness, Mrs. Hazleton,
to the effect that Miss Cling stated to
the witness some two hours before her
murder, that she had business en-
Sagement, that evening, with the de-
fendant, was not admissible, In my
opinion, on the ground that it tended
to "characteriZe her subsequent acts
and her departure on the fatal ride
soon after she made the statement"
that is, that 1t was a part OF the res
gestae, for the reason that her state
ment neither accompanied nor char
acterized any act relevant to the issue.
But it was relevant to the issue to
show that she did meet the defendant,
and evidence of her declarations OF an
intention and purpose to meet him was
prove that she did in fact intend to
meet him; a fact which tended di-
rectly to corroborate the previous tes-
timony of Blixt that she did meet the
defendant, for if she had formed the
previous purpose to meet him, the
proof of such purpose rendered the evil
dence of Blixt, that she did meet him,
reasonable and probable. This evil
dence clearly falls within the rule,
that, when the question is whether
d pclSOH uNl d Gel ldll ACT, QcCidl-
ations, oral or written, made prior to
and about the time to do it, are ad-
miSSible as original evidence, II made
under circumstances precluding any
suspicion of misrepresentation.
Insurance Co. VS.. Hillman, 145 U. s.,
2S5.
Commonwealth VS.. Trefethen, 157
Mass, 1S0.
The cases cited are leading ones upon
the question and fully sustain the rule.
Il ,e-;D Of Of
Mrs. Hazleton in this case should be
sustained upon the ground that it was
original evidence tending to corrobor-
ate the evidence of BliXt. To sustain
it on the ground that the statement Of
the deceased was a part of the res ges-
tae is in my judgment to assign
wrong reason for correct conclusion,
which may lead to complications in
future cases. Start, G. j.
WHAT W. W. ERWIN SAYS.
W. W. Erwin was seen by G 10 b
reporter yesterday, and when asked re-
garding the action of the supreme
court said:
II have not sen a copy of the de-
cision yet; that will probably be placed
In my hands in the morning. 1 have
ten days in which to look over the de-
cision. If 1 detect any error in the
logic or citations 1 can then make a
motion for reargument. 1t is possible
that such will be the case. If 1 fail
in this, two points will yet remain
upon which it is possible for Hayward
to escape execution. One of these is
by a petition to the governor and the
other suggestion to court, through an
attorney, of insanity. The law is very
explicit regarding this point. Section
of +Ia 0f
vides, to-wit: :An act done by person
who is an idiot, imbecile, lunatic or in
sane is not a crime. A person cannot
be tried, sentenced to any punishment
or punished for a crime, while he is
in a state of idiocy, imbecility, lunacy
or insanity SO as to be incapable of
understanding the proceeding or max
ing his Defense So there are just
three possible chances in my clients
favor"
In speaking OF the trial Mr.. Erwin
said that during its progress the entire
nation had watched the proceedings
with perhaps more interest than any
other, at the time, not excepting those
of Holmes and Durrant, and while
public sentiment had condemned the
prisoner the people had for year
patiently awaited the deliberations.
"As one of the attorneys and as
CITIZEN" he said, 81 am and 1 believe
the country is profoundly impressed
with the deliberate, careful, patient
and exhaustive examinations and re-
view of all the circumstances in the
case; and I am more deeply impressed
with the deliberate and patient ma
tional conscience in case which,
like the present, whether the ultimate
facts of guilt be true or false, by its
recitals moved the national masses to
the profoundest emotional convulsion."