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

the court was taken up with the compile
ton OF Attorney ErwiA's question which
covered facts az shown by witnesses OF
what defendant had said and done pre-
vious to and up to the 3rd day of last
January. This was supposed to form q
hypothetical question from which the
doctor was to give an opinion as to the
sanity or insanity of Barry at tho time
he killed Mellem.
Tho question being put by Attorney
Erwin the witness replied that it was
his opinion that Barry was suffering
from epileptic insanity at the time.
The same answer in substance was
given by the witness to questions made
as to the mental condition of other men,
bers OF the Barry family whose strange
behavior and illness has been subsequent
ly related.
Dr. Sweeny formed the opinion from
| Barry's actions and what no had said to
different persons on that day rs being
such as justified him in forming the op!n-
ion that at the time OF killing Mellem the
defendant was insane.
AFTERNOON SESSION
In the afternoon growing lack of in
terest was noticed in the progress of the
trial by the decrease in attendance. Ever
since the beginning of the insanity fea-
ture Of the case spectators and jurors
alike have been bored with . repetition
OF the testimony that has already been
gone over, the defense forming therefrom
hypothetical questions from which the
expert witnesses are expected to form the
opinions they express as to the defen.
dant's sanity or insanity.
The few questions which the defense
had not opportunity to ask DR.. Sweeney
at the time of the noon adjournment we're
short. The first was to the effect that
basins his opinion upon statements it is
assumed that defendant had made to
witnesses, the doctor considered that the
symptoms throughout were epileptic,
stating chat indications had been shown
that defendan. was not at those periods
able to exercise his will or reasoning
powers. The fact that the defendant had
not during the same period been inca
pacitated in actions of business charac.
ter would not affect his opinion as to the
defendants insanity last January.
Under cross examination Judge Coch-
rane questioned the doctor as to petit
NAL, which he stated som etimes took the
form Of mental disease and on other &C.
casions appearing only as a nervous dis.
ease. Grand NAL he explained was
nervous disease with certain mental
symptoms. He stated that persons with
grand nal indicated it by convulsions of
the muscles. Inpetit NAL the patient had
no muscular action and at times became
unconscious, the manifestation often be-
ing but momentary. He stated that de-
fendant's first indication of grand NAL
might only have been commissions. Or
mental epilepsy and it's external marif u.s.
tations he described as often being fu-
rious, followed by mutterings and morose
behavior. He stated that the episode in
the lumber woods, in which the defendant
figured was possibly one of excited anger
and might or might not be caused by in
sanity. The drive from Garder to Graf
ton might under certain circumstances
be termed one of unrestrained or pro-
voked anger, but the surrounding evil
dence would not allow of expressing such
an opinion. He stated that the can't
hook episode of itself did not indicate in.
sanity go much as high temper Grand
NAL he explained was not insanity, but
in many cases led up to 1t. Petit NAL may
or may not be insanity. Tho doctor
stated that he had patients with symp-
toms similar to those ascribed to defen-
dant. One during a mental and post
epileptlc period OF nearly two months
duration made trip to Europe and re-
turn without having any recollection Of
what he had done. Exhibitions of anger
where there is cause witness said may
be forerunner Of insanity. Questioned
the doctor said that none of his cases had
committed homicide, some of them were
sufficiently violent, but precaution aud
lack of opportunity prevented it.
The doctor testified to having made an
an examination OF Barry's condition on
Saturday last. He had seen him pre-.
viously when here on March -. The ex-
animation showed defendant as being IN
q highly sensitive nervous condition.
Was unable to tell how long ago the in
jury on head, indicated by scar had been
inflicted. The depression of skull on
brain MIGHT oy might mt offao+ ~,