Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1901-08-15
BARRY WAS SANE
Or. D. S. Moore of Asylum Believes
That lanodon Murderer Was
Not Insane.
Witness Fee Relates Conversation
in Which Barry Told of the
Murder.
Official Records of Autopsy Held
Official Records of Autopsy Held
on the Body of Mary Ann
Barry.

Uu SHC UUUy " WOuy rssU
Barry.
Langdon, N. D., August Pit was
demonstrated in the Barry trial Sat
urday that expert testimony very ma
terially depends upon the colorine
given facts in presenting them il
hypothetical questions.
Dr.. Moore of jamestown had lis
tened to recital of testimony in the
case, including narrative of Barry's
acts and statements in Milton on the
day of the homicide, all of which the
state enumerated in manner. best
calculated to bring out an opinion sub
Stimulating its theory.
Upon this presentation DR.. Moore
unhesitatingly pronounced Barry sane
But on cross-examination he admit.
ted he had supposed by the narrative
that the occurrences and statements
were in connected order.
''If they were disconnected, contra
dictory at times, incoherent, and
made largely in response to questions,
and many of the: acts which he per.
formed were suggested by others, your
opinion as to his sanity might be
changed?" was asked.
1T might" was the response.
So with reference to the alkali
water story which DR.. Sweeney had
considered an evidence Of insanity,
DR.. Moore admitted he had treated it
possibly as joke" probably from
the fact that in stating it the state
had interpolated that idea, although
nothing in the evidence suggested
such an idea.
So it seems expert opinion depends
not upon conditions thatexist, but up
on the manner in which lawyers can
juggle with and color them as wom-
an conceals natures defects and
Times ravages by adept manipulation
of the rouge box and brush.
DR.. Moore then resumed the stand,
and answering the same question
asked DR.. Jones, gave the same opin>
that Barry was not a victim Of
masked epilepsy.
DR.. Moore then gave diagnosis of
mental epilepsy: First there was a
sudden onset then possible period of
furor or violence and possibly the per-
Torrance of acts in a dreamy, auto
matte way; and a loss of personal
identity, the absence OF consciousness
and, lastly, sudden and abrupt re-
gaining Of consciousness with an in
distinct or dream-like recollection of
events that transpired during contin-
uance of attack.
A hypothetical question reciting the
main facts in the case was then put,
concluding with, Scan you form an
opinion as to whether Barry was sane
or insane at the time of the homi-
cide?''
During the reading Of 20 specific OBJ
jections to the question came the noon
recess.
When court reconyened the objec-
tions were overruled, and DR.. Moore
answered that Barry was sane.
The same question with the addi-
tion Of recital of Barry's alleged
visions Of devils, apparitions of his
mother, her warnings, the blue sky
and sulphur smell, was asked,
The witness still declared that at
the time of the killing and later on
the same day Barry was sane.
The witness did not regard the eX-
plosions of anger as indications Of
epilepsy.
The witness was not permitted to
testify as to whether or not the de-
fendant's lack Of memory on Jan. ;
was reconcilable with the balance of
the assumptions in his story.
He did testify, however, that the
' ID
conditions were not reconcilable with
q past epileptic state in which follow
ing the condition Of maniacal fury
there are more sOr less confused and
indiscriminate recollections or no
recolleotions at all, since the epileptic
paroxysm, an inability to perform
coherent acts and a confusion of per-
sOnal indentity.
DR.. Moore was then turned over to
the defense for cross-examination.
On cross-examination DR.. Moore
admitted three instances of epileptic
conditions in the Barry family. The
assault on Gardner Trip might have
been somnambulism feeling, a delu-
sion, or fit Of i'll humor. But the