Courier Democrat. (Langdon, N.D.) 1891-1920, 1901-08-08

Cochrane brought the old lady who was
in the court room, to her feet, indignant
with tho incorrect idea that her veracity
has been questioned.
The court stated that until the ques.
ton had been properly raised the defense
could not go into the hereditary. The
court then allowed DR.. Sweeny to give
his opinion of the diseases from which
the various relatives of Barry suffered
in testimony previously related.
DR.. Sweeny gave az his opinion that
Philip Barry had aeuto epilepsy, or
grand NAL; jeremiah Barry, brother,
in his opinion was also victim of
epilepsy and he describes the symptoms
in John Barry's case as being the same.
Referring to the case of defendant At
terney Erwin cited to the witness in
stances in Barry's life as testified by
witnesses beginning with the fits when
two months old; the occasion when
kicked on the head at IL years; the dis
pute with his brother John about a
horse and the alleged conspiracy enroute
from Gardar to Grafton.
DR.. Sweeney gave An opinion that at
the various occasions referred to defen-
dant suffered from mental epilepsy. The
incident enroute from Gardar to Grafton
he regarded az condition of insanity.
The tits at the age of two months he
described as showing the inability of
nervous organization on the part OF the
defendant in early life. What occurred
in the Wisconsin lumber camp he ascrb-
ed to insanity. The injuries received on
the head and the incident shortly after
wards, when he chased his brother with
an axe were considered by the doctor as
melancholia, leading to violence. The
incidents in $50 and 80 at the time that
defendant and his brother Tom were
patching together, when he would at
intervals jump up with start and kick
the chairs and furniture about were also
ascribed to petit NAL or minor epilepsy.
His behavior showing an impatient and
lnorose nature, when visiting in Ontario
IN '96 were also described by the doctor
as another form OF epilepsy. The testi-
mony given by Thomas O'Rourke, while
on the stand in the afternoon, also gavo
the doctor reasons for reaching a.similar
coscluslon regarding the DEFENDANTS
| condition at that time.
After the describing OF these symptoms
Attorney Erwin was now in good
shape to proceed and question the wit
ness as to the nature and various forms
In Which epilepsy shows itself. How il
affects the memory and leaves the per-
son so afflicted mere mechanism. with
out the power to exercise his will or to
reason between right and wrong.
DIR. Sweeny continued his expert testi-
mony by stating that he saw Barry here
in jail on March - and 10, coming here
at the request OF his attorney, Judge
lempleton. At that time found him
pale with an anxious expression on his
face. An examination of his phvsioal
condition showed the defendant's muscles
to be i'll an unsteady and twitching con-
dltion; the tongue and lips were trem-
uionH; his eyes, especially the right.
showed lack OF power; the muscles of
the body responded in an unnatural
manner when irritated; there was abb
normal action OF the knee muscles when
touched. On the right side OF the head
one inch above the ear, he found q ,car
and depression. also a depressed fracture
OF the skull bone, which included both
the inner and che outer plate. The blow
on the head bordered on the mental
centers, such as would in his opinion
produce irritation or paralysis of mo.
ton. When the adjournment for tho
evening was reached Attorney Erwin
was debating lengthy question for the
confederation OF DIR. Sweeny that cover.
ed all the strange actions of the defend.
ant brought out during the trial.
TUESDAY,.
The first half Of the morning session o,