Courier Democrat., 1901-08-01

l
as exhibits Of the papers. pocket book
and other articles found upon the
person OF Andrew Mellem at time of the
inquest. The pocket book, containing
money and key were marked as
Exhibit IS and the paper securities con-
tanned therein marked Exhibits 6 A to
6 C, inclusive.
| Allan Mcdonald, deputy sheriff at
Milton when the tragedy occurred, next
took the stand and proved to be one OF
the most important witnesses called so
far during the trial. The balance OF the
afternoon was taken up with his testi-
mony which told the story of Barry's
recital OF the crime and oil that transpir-
ed during the day of January 3rd, after
he drove to Milton from the farm to
give himself up.
Witness testified to knowing Barry
intimately since living here; had alae
known him in Ontario, where their
homes, were only mile and ahalfapart.
1t was in the forenoon OF the day OF the
tragedy that witness, standing in front
OF the Northwestern Hotel, saw Barry
drive into town. The team, bay and
q brown, were hitched to a pair OF bob
sleighs, on which was mounted double
Cross examined by the defense the
blood stained rope was again brought
in and the doctor asked to illustrate in
what manner it encircled the neck of
Mellarn as he lay ON the floor in the
stable. The point at which the defense
aimed being to show that no loop hav-
ing been formed by the rope, and the
long end lying between the dead mans
legs did away with any possible theory
that Mellem was struck with the knife
while in prayers. Further interrogated
by the defense witness stated Mellem
was without any physical defects; that
an examination Of the throat, both
inside and out gave no evidence OF chok-
ing whatever. Witness found no mark
on the beam overhead where the rope
might have been, neither was he able to
find any such abrasions on the neck as
would be made by rope. Great care
was exercised in DR.. Semple's cross
examination, particular stress being laid
on how tho rope was found around
Mellem's neck.
wagon box. Barry was standing up
and the team came into town on a run.
1t was half an hour later before he
again met Barry, remaining in the hotel
until that time. Attorney Norgard
came there and told him to come and
arrest Barry who had killed man.
Leaving the hotel he saw Barry on the
street, in front OF Reilly's drug store.
Barry had coonskin coat on and was
going towards the corner at Closes
drug store. Witness didn't overtake
Barry until he got in front OF Prom's
bank, when he said, ''Hold on Bill, l
want to see you" Barry stopped say
ing" Yes Mac, l am i'll your charge"
Barry told witness in answer to q ques-
tion as to what he had done, that he
had killed man that morning" and
was then on his way to Closes drug
store to telephone Liveryman Smith at
Osnabrock to send after his brothers,
Tenn and Dick, and dispatch the latter's
wife to John Wild's far,a to take care of
his sister. They went to the telephone
together. Messages were also sent at
Barry's direction to Coroner Semple and
States Attorney Dickson telling OF what
he had done and telling them to come
down. Andrew Morken, a cousin of
Melem's, was not 'phoDed for, but a
team sent from Milton after him. There
were people passing in and out OF the
store during the halt hour witness and
Barry were there. Barry was in con-
versation with Helgeson part OF the
time there. Witness couldn' remember
the exact conversation between them,
but heard Barry say 81 gave him time
to pray and tried to hang him until my
hand gave out, then finished him with
a knife" The tussle that ensued be-
tween the TWO men was described by
Barry to witness as being a hard one,
Barry saying, che fought me like little
hero" "9e struck me three or four
times in the stomach" He told witness
that the killing took place about ten
minutes past nine aud that Mellem died
in two minutes. Watch in hand Barry
had given the man five minutes i'll which
to pray. Nellem's last words, Barry
told witness, were "God have Mercy"
Witness then told the story as given him
by Barry Of Mary Ann Barry's confess
sion to her brother of having been
seduced by Mellem about three or Ypur
years previous out west. 1t was stated
to have been accomplished under She
promise OF marriage. The intimacy had
tieontinued and OF late the sister believed
tsfswns enciente and her seducer had
Iys sed to fulfill his promise. Since the
E.Eo, y, d;onlosuro had hoaN mada fNalhiHds