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

1 ~ the state at the time Of the noon ed
tournament was again asked: did You
notice anything peculiar about Barryt
eyes" Objection to expert testimony
being taken from q lay witness was over
ruled. Witness said, Barry had 9 star
ing and startled look about the eyes,"
Further stated he was turning around,
moving about and rubbing his hands;
appearing restless generally. never saw
him that way before. Barry did not
recognize him, although they had known
one another since '86.
The rule was established ntt this point
after lengthy argument by council as
to the admission Of expression of opinion
as testimony by lay witnesses. The
question to the point was made by Judge
Templeton asking opening iii in witness
opinion Barry was at that time sane or
insane" Court sustained Attorney
Cochran's objection stating that wit
ness opinion must be passed Upon
actual circumstances that exist.
The obstacle was avoided by Judge
Templeton propounding the question in
such manner as to avoid the objection
Of the state, asking witness to give an
answer thereto, based upon circum-
stances at that time. In reply witness
stated that Barry was in his opinion
insane at that time. This finished the
direct examination Of witness.
Cross examined at some length by
Attorney Cochrane witness stated hav-
ing had an acquaintance with Barry
years ago in Pembina county and it had
continued more or less up to date
Wasn't certain to exact location of the
Barry farm, but was there and took
dinner with the family some time ago.
Last saw him some months before Jan.
Bird here in Langdon. Didn't recognize
him as he drove past Reillys store,
asked the clerk who that was driving by
80 fast. As to conversation between
Barry and Reilly witness testimony
was similar to that OF Ward, the clerk.
Witness was on the stand all OF two
hours, underwent heavy CROSS examlna-
ton as to the extent of his acquaintance
with Barry. He made careful good
natured and patient witness. The cross
examination closed with states attempt
to combat witness having proper and
sufficient knowledge on which to base
his opinion as to whether or not defend
ant was insane.
Attorney Cochrane in replying to an
objection defense had made to his ques-
tions put to their witness made the
pointed remark that the witness was
anything but friendly to the state. The
court at defense's request warned the
jury not to pay attention to anything
that was not directly connected with the
case.
The vacant stare, gesticulations,
restlessness Of feet and rubbing of hands,
together with the unusually loud quick
manner Of talking, were grounds upon
which witness formed his opinion Of
Barry's insanity strengthened BY the
statement Of DR.. Reilly to witness at the
time that he thought Barry was insane.
The opinion witness stated was formed
before he had heard Of the homicide that
occurred. The contrast in Barry as seen
by witness on Jan'y 3rd with the man
as he had previous known him was go
marked that his opinion Of his sanity
was quickly formed.
E. 8. Dodge, farming down in Suits
man county was the second sworn to
testify in behalf Of defense and told of an
insane attack made by Barry about
eighteen years ago while working in
lumber camp at Iron Wood, Wis. Wit
ness explained his coming to trial as
having read of the homicide in the papers
and noting that Judge Templeton was
his counsel wrote telling him Of what he
knew OF Barry and his particular actions
at times in years passed. Witness said
that until he read of the affair in the
papers he did not know whore Barry was,
had lost track OF him though having
heard years ago that he had taken up a
claim some where here in Dakota. His
story dates back to November 1888 when
he made the acquaintance Of Barry in
Duluth. With o party of fifteen others
they went to lumber camp at Iron
Wood, WIS, to work for the winter.
The trip was made in a river scow, arriv-
ing at Iron Wood about shutdown, the
trip taking or 4 hours. On arriving
they were ordered to unload the scow.
Barry worked with the rest until after
dark, but quit refusing to work longer.
He talked and argued with himself
about he wasn't hired to work at night
and wouldn't do it, He disappeared, but
put In an appearance the next morning
Int in a gloomy disnondent frame Of