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

seen man show such an outburst Of
temper in his life like that exhibited by
Barry that day.
WEDNESDAY.
David Ward, one Of the states witness,
was put on the stand Wednesday fore
noon by defense to testify as to defend
ants appearance and actions while in the
drug store that morning. Had waited
On and seen him In the store frequently
on previous occasions. Was able to
readily notice that he acted and behaved
in strange and unusual manner,
altogether different, in fact quite con-
trast. Usually he was very quite, while
ON January 3rd he talked fast and was
highly excited. The state fought at
every possible point with objections tothe
introduction of opinion evidence from
non-expert witnesses as to the apparent
sanity or insanity Of defendant when seen
on January 3rd.
A lengthy harangue by Attorney
Cochrane as to the qualification Of wit
ness to answer question put by defense
to their witness At this time at the
time Barry was in the store did he form
any opinion as to whether defendant was
sane or insane. Counsel at this time
presented to court authorities that he
had stated at the session of yesterday he
would later introduce to rebuff the intro
duction of non expert testimony from
unqualified fay-witnesses. Court gave
the defense the benefit of the doubt and
overruled the objection.
Witness said he did form an opinion,
which based upon acquaintance and
conversation, together with actions and
behavior of defendant on January Bird as
testified to while on the stand for the
state he did think Barry insane. Wit
ness stated he didn't'thlnk defendant was
right mentally.
Cross examination: Saw witness alto
gether not more than ten minutes that
day. When the doctor entered the store
Ward went out to hitch up the team.
Had been employed in drugstores at Mil
ton and Osnabrock for about five years.
A number Of questions followed in which
Attorney Cochrane undertook to find out
the extent Of witness acquaintance with
Barry to find il their intimacy was such
as to give much knowledge a. to Barry's
general behavior previous to January 3rd.
Rev. D. J. Sykes, clergyman Of the
Milton Presbyterian church, took the
stand. Testified to an acquaintance Of
six years with defendant, with the
exception Of q residence Of six months at
Hannah. Had met him and had short
talks at frequent intervals. Also saw
defendant once for short time while at
Hannah. As to the events Of January
Bird last he first saw Barry walking be-
tween the two drug stores. The witness
was upon the other side of the street
Allan Mcdonald was with the defendant,
they were walking fast and Barry was
talking quite loudly. Tho second time
he saw defendant was at the time Barry
entered Closes store Witness was
inside the store. They went back down
street without doing more than opening
the door. From where witness stood he
saw Or. Reilly calling to them. Barry
ran on the way back. They were only
gone few minutes. Returning Barry
asked me If would 60 and get DR.. Nc
Queen for HIM. Coming back to the
store heard Barry make statements as to
what had occurred but they were address
ed to no one in particular. One thing
that witness remembered hearing Barry
say repeatedly was. "Its an awful thing"
II couldn't help i'll" "He defrauded me
for SO longv' Asked by witness whether
Mellem was dead when he left him,
Barry answered eyes" adding, "and I
gave him five minutes in which to pray
Testified that he noted Barry as walking
to and fro restlessly IN the store. He
had wild stare in his eyes and was
rubbing his hands. Witness had observ-
ed on all previous occasions that Barry
was naturally very quiet and spoke in a
low tone and had always been slow of
speech. On that occasion witness stated
that his actions and behavior were
directly the opposite. After considerable
parting between the counsel Of defense