Barnett v. People of State

• Court: Illinois Supreme Court
• Writing for the Court: WALKER
• Citation: 54 Ill. 325,1870 WL 6331
• Decision Date: 30 June 1870
• Parties: JAMES BARNETTv.THE PEOPLE OF THE STATE OF ILLINOIS.

54 Ill. 325
1870 WL 6331 (Ill.)

JAMES BARNETT
v.
THE PEOPLE OF THE STATE OF ILLINOIS.

Supreme Court of Illinois.

June Term, 1870.

[54 Ill. 326]

WRIT OF ERROR to the Circuit Court of Gallatin county; the Hon. ANDREW D. DUFF, Judge, presiding.

At the August term, 1863, of the circuit court of Saline county, James Barnett was indicted for the alleged murder of John Seets. The cause was continued from term to term, until the April term 1866, when a trial was had, resulting in a verdict of guilty of manslaughter, and thereupon a new trial was granted. At the September term, 1866, the cause was removed into the circuit court of Gallatin county on change of venue. A second trial was had at the May term, 1869.

The testimony given as the dying declarations of deceased, is all that is necessary to be stated here. On that subject George Aydelotte testified: “On the day the homicide was committed, I saw John Seets on the side of the road, lying down. He was wounded, and had been brought to that place from somewhere toward Equality. He had been hauled in a wagon as long as he could bear it, and was then taken out and laid by the roadside. He was badly wounded, having been stabbed in the side, and was very weak from loss of blood and from the dangerous nature of the wound. He was taken to the house of George Aydelotte, my cousin, on a sled. Seets said he would die. I told him not to be alarmed, that I thought he would get well. He said no, that he would die. Seets said James Barnett had stabbed him, and done it with his (Seets') own knife. I went for a doctor. Seets lingered until next morning about eight o'clock, and died. Deceased made no disposition of his property, or any arrangement for death, within my knowledge. I was not with him much of the time from the time he was stabbed until his death. I was

[54 Ill. 327]

with him at the time he died, waiting upon him, alone. At that time he told me he must die, and that James Barnett had stabbed him with his own knife. He was then bleeding very much, and appeared to be in great pain. I do not know whether he made any disposition of his property or not, or any preparation for death.”

Cassandra Aydelotte testified: “On the day of the homicide I heard that John Seets was out on the road, wounded, and I went down the road and found him lying by the road, wounded. He said he was wounded, and that James Barnett had killed him, and he wished me to take care of his children. He was taken to my house. He was praying, and said he would die. After he was taken to my house, I heard part of a conversation between Seets and Hubb, a neighbor. I heard deceased say to Hubb that James Barnett killed him--that he stabbed him with his own knife, and that he did it for nothing. Deceased was in great misery, and died the next morning about eight o'clock. The children of deceased were then living with me. He made no disposition of his property, and said nothing further about his affairs. He prayed a good deal of the time.”

Angeline Alexander testified: “I was present with John Seets on the night before his death. He was wounded and seemed very low, and did not talk much. I heard him say that night, that James Barnett killed him, and that he did it without any provocation, and with his (Seets') own knife. Seets was badly wounded, and died the next morning about eight o'clock. He prayed a good deal, and seemed to be fully conscious that he was near his death.”

William Pinkston testified: “I found John Seets lying by the side of the road on the day the homicide was committed. He was suffering from a wound, and seemed to be in a suffering state. Seets said that James Barnett had stabbed him, and that he would die. He did not say when he would die. Made no arrangements, within my knowledge, in respect to his property.”

[54 Ill. 328]

This was all the testimony in reference to the dying declarations of deceased.

The trial resulted in a verdict of guilty, and fixing the punishment a term of ten years' confinement in the penitentiary.

The defendant thereupon sued out this writ of error.

Mr. WILLIAM G. BOWMAN and Mr. JAMES B. TURNER, for the plaintiff in error.

Mr. WASHINGTON BUSHNELL, Attorney General, for the People.

Mr. JUSTICE WALKER delivered the opinion of the Court:

It is urged that the evidence in this case fails to sustain the verdict of the jury; that it does not establish the guilt of accused beyond a reasonable doubt, or that...