Courier Democrat. (Langdon, N.D.) 1891-1920, 1901-08-01

natural sssaults o. Msllem, which hisJ
ulster had confessed to him on New.
Years eve, Said he was unable 70 stand
it any longer; had tried for fifteen min.
utes 70 hang him in the barn behind the
Joe horse but his hand had given out
and he then 1nished him with q knife.
Witness stated that Helgeson was not
there until after Barry had made this
statement. The story was told By de-
PENDANT to the same eject but not just
in the same words over and over again.
In one he gave % Mellem's last words,
"Lord help me-" At another time he
quoted his victim as giving utteranoe to
"Cod have mercy" Barry stated that
his sister had told him OF her unfortun-
ate condition the night before. 1t was
9:1O by Barry's watch whom Medium
breathed HE last.
Gross examined witness stated that
Wilson Cox and Clarence Mears went to
the store with him. Cox was the man
Barry recognized. Barry dida't say
anything until Cox asked him. Said
that Mary Ann had jumped out OF her
mind. She was out in the field during
the night after contessing to him that
she was in the family way and that Mel
lem had been torturing her in an un-
natural way the past few days. That
morning Barry said he could control
himself no longer aud had killed him.
This was the first witness to give the
hour at which the deed had been COM
aitted. His testimony also credits
Barry with telling story that differs in
many respects of detail to what other
witnesses have testified to. Particularly
to her being out all night and to the fact
1T the defendant being unable to control
himself.
Harvey Farnham, clerk and book
keeper at tho Bank OF Milton, gave testi-
mony relating to the visit of Barry and
Allan Mcdonald to the bank on the fore.
noon of January 8. The first question
propounded by Attorney Cochrane, "Did
Barry make deposit in the bank" called
forth an objection from the defense
which the court sustained, Attorney
Cochran began to explain that the state
desired to show generalization in defend
ants action. Further explanation Of
what state offered to show was deferred
until the jury could be removed from the
court room. After the jury had retired
Attorney Coohrane explained that defen-
dsnt went to the bank to deposit notes
and draft to the value of more than
$4,000. The draft was from grain DOM.
mission house part of which he cashed,
leaving balance on deposit. The notes
one for $1,000, another for 1900 and
other secured paper Of smaller denomin-
alton. Counsel argued they were papers
of such character that a farmer would
not be carrying on his person under or
binary circumstances. That 1T was owl
dent Barry put them in his pocket before
the killing, knowing that he was about
to commit an act which would place him
in the clutches Of the law and according
y wanted his papers where he knew they
would be safe, all Of which showed pre-
meditation.
The court admitted that such tssti-
mony might have bearing on the sanity
or insanity of defendant but at the same
time decided to sustain the objection
made by the defense. The witness il
still held by the state and the evidence
may be put in later when the insanity
feature of the case comes up.
A1,nrDNooN c,.oo,o,,