The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1919-02-08
NO ERRORS IN
MURDER TRIAL,
SAYS TRIBUNAL
OF MINNESOTA
Allegations Of Henrionnet's
Counsel, Asking New Trial,
For Defendant Denied
DECISION IS GIVEN T.
ON NEW LAW POINT
Applicable to Civil Matters
But Not Criminal; State
@ Is Sustained

court, in rendering it's decision deny
ing new trial for Roland Henr1on
net convicted and sentenced to the
state penetentiary for life for the
murder of Oscar Nelson, the fore
noon of November Is, 1917, IN the
city of Bemidji new point OF la"
was passed upon, that when Henr1on-
net was on2the stand in his own be-
half he was asked by his attorney 20
tell the conversation that passed be-
tween himself and his victim In the
stairway. Objection was made by the
state and any alleged conversation
wes excluded. @}~G
This point as to its legality was
brought to the supreme court in the
;appeal for a new trial, and in the
SYLLABUS to the decision is found the
following: "<s%
Paragraph Two: Defendant shot
and killed the person named in the
indictment and when on the witness
stand In his own behalf was ASKED ny
his counsel to state what was said oy
decedent, Immediately, preceding the
shooting; aruling sustaining an oD-
lection to the question held not error
since the character or relevancy of
the evidence was not disclosed. =.
sassa .s. Syllabus of Decision, {. " s.3s.7 s7
= Continuing the syllabus says:
. Paragraphs Three: It is doubtful
whether Section S378 G. S. 1913, pro-
hibiting evidences of conversations
with deceased or insane persons, Dy
a party or person interested In the
result of the action, has any proper
application to critical prosecutions.
Whether. it does apply, quaere? 4,
Paragraph Four: The evidence
does not bring the case within the
first degree of manslaughter and
there was no error in the refusal OF
the request of defendant to submit
the question to the jury.
Paragraph Five: The record pres
ents no reversible error, the evidence
fully supports the verdict OF murder
in the second degree and defendants Il
motion for new trial was promptly
denied. q" IS
Order affirmed. e
The opinion then goes on to re-
view the case in detail. 1t narrates
the stories Of witnesses whose testi-
mony described the causes which leo
up to the shooting, including the al
legged eternal triangle" and goes on
to say: 81 & " ~ -
Shooting Was intentional.
Our examination Of the evidence
leads to the conclusion that the
shooting of Nelson was the rational
and intentional act of the defendant,
though, perhaps, not premedltated'
and that no legal excuse or justifica-
ton was shown; nor facts rendering
applicable the crime Of manslaughtef
in the first degree. And unless error
was committed at the trial, to the
substantial prejudice of the defend
ant, the verdict of the jury must
stand and the judgement pronounced
thereon by the trial court affirmed.
We come then directly to a constdera-
: tion of the rulings Of which defend
ent complains"
Three Errors Alleged.
Then follows the assignments Of
error in three instances.
First: Whether the court erred in
not permitting defendant to give evil
dence in conversation had by him
with Nelson Immediately preceding
the shooting.
SScOuQ. w ueCHcT tue COulI ChiSo,
refusing to submit to the jury the
question Of manslaughter in the -first
degree.
Third: Whether there was error in
the exclusion Of certain evidence
rendered by defendant. the nature
and character of which will be stated
in its order"
A brief history of the principles is
then given, followed by an exhaustive
description of the crime, including
the incidents at the sanatorium, par
ticipated in by the nurse, Henrionnet
and the latter's wife, which in heated
repartee resulted in slips of tongue
that involved Mrs Henrionnet with
Nelson. The trip to Bemidi was
covered, the movements of the defend
ant were given from the time the
alighted from the train up to the
time the purchase of the revolver and
on up to the actual shooting.
=. First Error" Ruling.
AS to the first claim of error, the
decision states that "no exception was
taken to the ruling at that time, and
no offer twas made. TO show. the sub
ject matter Of conversation or the