The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1901-08-10
THE BAaRY mJRDER CASE.
One ~ the MORT Noted IN the Annals
$ OF CriminalS1Aw.

aTEaE hA41HK UASDn - 800 sEsgSss
one 81 the MOST Noted In the Annals
q g8$ Of Criminal Law.
Never before In the history Of crirn.s
final law In North Dakota has there
been a case that attracts such wide>
spread attention as Is being stirred up
81 thestrial OF william Barry. at the
present sitting Of the, district court an
Ianedon. for the murder Of Andrew
Mellum at the farm Of the former. hys
miless from Lanxdon,, on Jan. 3slasl.
DR.. Semple, the coroner, testified St6
having been called to Milton 'onsthe
day ssof the tragedy, about IL g. "a. He
arrived at the scene Of tragedy Just at
dark. Entering the stable door, he
turned to the left. and behind b first
stall found the body Of the murdered
q
The wound he said, was.a clean in-3
cision about an Inch below the angle OF
the law, but was lacerated on the IN
side indicating that the knife had been
twisted after penetrating. The tugular3
vein was completely severed. as were
also the principal muscles and veins OF
the neck. and the wound was snecessa-
;rily fatal. 2@F
Allan NCDonalu, tue uSQNSy A.SAAA
who made the arrest, testified TO nav
ing seen Barry drive into Milton tnat
morning, with his horse ct gauop.
he standing up IN thes sleigh; He made
the arrest and they ate; dinner togetll-3
err but Barry would. not eat anythines
Later. on cross-examination. n de-
tense e~ndeavoredi to prove by this VII
ness that Barry told him That nfshta
=. Sa.--A o4L xpyn - hn-
that the me dld NOT was ~ :
cause he feared poison in his food. n
A written offer containing this Was
submitted and rejected by the court,
as was also q second oner, 70 prov.
that a few minutes after they retired
for the night, Barry grabbed MIN IN
the bed and cried: lis that you, An
drew"
The defense was at this time tryins
to show that Barry was put
was prevented for h reason That the
prosecution evaded going into any con-
v%ersat!on or actions OF the
that would permit the defense to bring
It out in cross-examinatlon. But tney
did succeed in bringing to h minds OF
the jury that thereswas something :
traordinary behind the attempt. ms
concluded McDonald's testimony, anu
the court adjourned.
George Plain was the hrst w1tness ~.
the morning. He drove U tcs.tne
farm as soon as he heard OF the
der and, in company with Cady swain
they examined the body. On n door
leading into the yard they saw plooo'
especially around he latcn, the Marhs
having been made on the frosty boards
as the door was opened n closed aIter
the murder.
The house On the farm was a very
ordinary one, as defendant had kept
BACH the greater part OF ms NE. a
bedroom down stairs, in which wers
seen some woman's clothes, evloently
those of the sister, Mary Ann, were
hanging. on the wall. but this was all
there was in the room except q bed. "A
second room, down stairs, was Used TOT
a kitchen and dining room. On the Ia
BILE were four plates. three OF whicn
were set around the outside. and the
fourth in the center, n these were all
soiled. Breakfast had peer
eaten from them by Barry and MS SIS
ter. There were two rooms up stairs.
One was unfurnished. while the other,
the larger one. ~ontatne TWO peo
Charles .Buttwick, who was employed
by John Wilde, to whose place Barry
drove his sister about 9 o'clock that
morning, testified to Barry arriving
there. He told witness he a killeo'
his man, and that his sister q been
crazy all might. Witness consented e
take her in charge, while Barry Went
Tor the doctor.
The evidence OF h two mex WI
.nesses was u~nimportant. Bob wan
law, the telephone operator, told OF
Barry instructing him, after his ARRIVAL
in town, to send for his brother at os-
uabrock.
David Ward, aydrug clerk at Reillys
drug store, said when Barry called Tor
DR.. Reilly, whom he asked to go out
and make careful examination OF his
sister, said that II she was not as ne
said he, wanted to be hanged, and ~
she was, he wanted to go home All
this time Barry was wringing ms
hands and talking loud and Furious.
He told DR.. Riley, in presence OF WAT
ness that Medium had outraged ms
sister three yearssago, under q promise
,.of marriage; that. he had eIuseo 70
marry her, and this was%the cause OF
her, insanity.
syWlhensco N sne nlo.l n.as
Observation-Disclosures of S,WanlaW Was'
taken up. He repeated: his main testi-
muony.:s III witness was subjected TO q
severe MISREPRESENTATION. HIS mem
SsNassvery defective, as he repeated
III SStradicted himself.
yIesiJe Mccullough, a young man VINO
Md known the defendant for the past
six i was next called He, In COM
1900. .r,tfh (rov and Meara. went into