Courier Democrat., 1901-08-01

him while behind the horses. When h,
got him down Barry told Mellem thai
he had caused him lots OF trouble ant
now had his choice of either the knit,
or the rope. When in the office G.
Attorney Norgard later in the day
Barry took knife from his pocket
opened the blade and said "This ia what
did it with" Witness examined the
knife for traces OF blood, but was told
by Barry that he had returned to the
house and washed the blood off.
Mellem had been known by witness as
employed with one or other OF the Barry
boys for between 8 and 10 years. He
said Miss Barry had spent the greater
part OF the past five years keeping
house for her brother, the defendant.
Barry told him that he had suspected an
intimacy between Mellem and his sister
since the previous harvest. Witness and
the defendant had made several trips
back to Ontario together. In answer to
the last question asked by the state
said that Barry in speaking of deceased
called him by the name ofMcMillan, had
heard him do so on several OCCASIONS.
Cross examination OF witness showed
he was not associated in business with
Barry, they had, however, threshe]
together. 1t was witness suggestion
that Barry use the telephone. On enter
ing the Close drug store only remember
ed seeing Rev. Sykes and the clerk. He
had noticed that Barry's talk and
actions were loud and excited. In the
drug store he was i'll at ease, constantly
moving from one part to the other,
rubbing his hands and had wild
unnatural expression in his eyes, but
later in the day, when at Norgard's s
Office, appeared more quiet and rational.
Witness remained with Barry all day
after taking him in charge. They re-
manned in Norgard's office until near
noon, going to the Northwestern Hotel
for dinner.
Defense made the court two offers to
introduce direct testimony in the cross
examination OF states witness; one
being the reasons why defendant neglect
ed to eat anything at dinner that day;
the other was to take from witness
testimony as to conversation that took
place between him and Barry after
retiring for the night. The court
sustained the objections OF the state
asking that the court deny the offer.
Cross examination on those points
being denied defense will bring them in
later as direct testimony, and as it
raises the question OF Barry's sanity at
the time indications OF something start
ling regarding Barry's behavior and
actions may be expected when tho
other side OF the case is taken up.
SATURDAY.
George Plain was in charge OF the
body of Mellem and saw that things
were not disturbed atDarry's farm from
the middle of the forenoon until the
arrival of the coroner in the evening.
When sworn as a witness he testified to
having known Barry since '92 also
knew Mellem somewhat. Left Milton
for the Barry farm about IL o'clock on
January 3rd in company with Cady
Swain. machine collector from the
Forks. They found John Swanlaw and
William Robinson there ahead OF them,
all remaining there until evening. Testi-
fed to finding the body as previously
related. First obtained view OF the
head and shoulders of the dead man
while passing along the alleyway from
the drive shed to the leanto stable on
the west side. Blood had flowed over
neck and fade so as to make it inlpos-
slble to Judge OF the size Of the wound.
The rope was about three parts Of the
way around the neck, along under the
body, the end lying between the legs.
The face and forehead were still warm.
He examined the BODY in the presence OF
Swain and recognized it as being that OF
Mellem. The ceiling OF stable and floor
of hay loft over head was about 8 feet
from the floor, 6x6 beam running
along over the back end OF the stalls.
Door at the back OF horse stalls was
closed and on examination by witness
and Swain blood was found ON. the
hasp. 1t was single daor cut in two,
swinging at the middle. They remained
IN the stable probably 90 minutes going
from there to the house. about 200 feet
to the southeast. Witness described it
as being story and a hall, containing
FIVE rooms, two being up stairs. The
bed room OF Barry's sister was down
stairs off the living room. Over head
they found at the top OF the stairway an
unfinished apartment, used as a store
room passing through which they enter
ed another room containing two beds,
Both appeared to have been slept in, as
did TITO ono downafaire Nowhstairs in