Courier Democrat., 1901-08-01

man was on trial for his life. Barry had
spoken to him of relations existing be
tween Mellem and his sister, Mary Ann,
and what he believed her condition to
be as result. Witness said that since
testifying previous day that Barry had
fur overcoat on when he came to town,
he had telephoned to Milton in order to
corroborate the statement.
Witness stated that on redirect
examination by Attorney Cochrane for
state, that no hard feelings existed
between himself and Barry over old
business deals or anything else and that
he would do for Barry just as he would
for anyone else under such circumstances.
While at Closes drug store there were
several others present. He thought
fifteen or twenty minutes must have
passed betN cen time he first saw Barry
and his going to drug store, where he
probably remained quarter OF an hour
Barry was in the store, not in the
telephone booth. Witness made it plain
that he had no communication with
counsel for state except at preliminary
examination and since being subpoened
for this trial. Saw Barry on three
occasions ON January 3rd.
Under cross examination again by
Attorney Bangs witness objected to
being referred to as an expert detailed to
observe any one. He had taken only
ordinary notice OF Barry at that time
and knew nothing whatever Of his con-
versation with Others. Had observed
his actions merely in a general way.
DR.. J. J. Reilly was called to the
witness stand by the state; had been a
resident at Milton since 'S8; knew the
location OF the Barry farm in Montrose
township and was there January 3rd
last arriving in the forenoon at 1890:
Several parties including Attorney Nor
gard. George Plain, John Swanlaw and
VIM. Robinson were on the premises
when he got there. In the house, some
200 feet away from the barn, there
seemed to be some other parties, did not
know who they were. Found the dead
mans body IN the west side Of barn,
back of a horse stall, lying from to s
feet from door, identified it as that OF
Andrew Mellem, whom he knew. Body
lay in southwest end Of building. Made
examination and found life extinct.
Body was lying triangularIy across
passage way back OF stalls with head
toward the door, reclining OH left side,
leaving wound OH right side OF neck
exposed to view. Witness found no
pulse but body was still warm. The
dead mans head lay in a pool OF frozen
blood. The fatal wound he found to be
located OH the right side OF neck about /
inch below the angle of the jaw and
from exterior view it appeared to be a
clean cut wound. That evening lie
participated in post morteln examina-
tion made by Coroner Semple, when the
wound was found to be fully aR inch in
depth, point OF knife striking the spinal
column, and had severed arteries, nerves,
muscles and tissues III it's course; the
severing of the jugnlar vein OF itself
rendered the wound mortal. Found the
wound on inside to be twice as large as
on the surface. Described it as being an
incised wound on outside and lacerated
on the Inside, apparently caused by the
twisting Of the knife after blow was
struck. II was necessarily fatal
wound; impossible for victim to survive,
with the bare possibility OF exception in
case Of instant attention after blow had
beeg received. The state here introduc-
ed the gruesolne relics OF the tragedy, at
which the spectators in court craned
their necks in order to get better view.
lhey consisted OF II hall inch rope about
90 feet in length with blood on the
loop, where it Was found under the dead
: sAn's neck and the clothing stained