Courier Democrat. (Langdon, N.D.) 1891-1920, 1903-11-19


being called was briefly explained by
tho counsel, mono Of these witnesses
names having appeared on the informa-
ton OF the complaint at the opening of
the case. This closed the climax that
had been brought about by the failure
of Mcdonald to identify the knife offered
fby the state in evidence as exhibit D"
and the regular routine of the testimony
in behalf of the state was resumed by
the calling of the next witness.
John Swanlaw stated he had resided
in that neighborhood twenty one years.
He was ono of the first to visit the scene
of the homicide going there with William
Robinson iron, Milton after hearing at
Closes drug store from Barry's own lips
what had happened. They found the
body in the stable and were later met
there by George Pain and Cady Swain
who came shortly afterwards. He in
company with Robinson and the two
parties who arrived later remained ON
the premises until the arrival of the
coroner in the evening. He described
the interior of the house. the table in
the living room were he stated the dishes
appeared as though all had partaken of
Il meal. As to the room of Mary Ann
Barry. and the one upstairs of Barry
and Mallem he testified all beds appeared
to have been occupied. Witness was
shown the rope which he identified as
the one that lay about Mallem's body.
ISwanlaw was subjected to close cross
examination but nothing of Importance
was altered as pertaining to his evidence
as given direct. Court here took it's
evening adjournment
WEDNESDAY,.
Albert o. Olson neighbor of Barry's
now residing in Milton, was next
called. He had known defendant tif-
teen years and was at the Close drng
store when Barry voluntarily told those
present what had occurred. To witness
he spoke in person saying "Well, Albert
there is trouble this morning" II killed
him. Asking him who he had killed
he said "Andrew Mallem." Witness
was only on the stand few minutes and
was questioned very briefly by the de-
Tense in cross examination.
David Ward, was next called his testi-
mony merely covered statement of
Barry's, which took place at the drug
store of Or. Reilly where he was clerk.
Barry called to get the doctor and DR..
Mcqueen to 60 to the Wild farm to ex-
anime the condition of his sister Mary
Ann Barry. Questioning of Ward by
the defense was cut short by ruling out
anything that might be construed to be
an opinion as to Barry's condition men,
tally.
John Foley followed. He was work
ing at the Wild farm along with Chas.
Swanlaw when Barry drove up with
Mary Ann. Witness testified that along
with man by the name of David Weir
he went over to the Barry farm, where
they saw the dead body, Weir entered
the barn, leaving witness at the door
holding the team. From where he stood,
however, he could see the body laying.
They only remained few minutes and
on returning to Wild's met two men
whom he has since learned were Swan
law and Robinson. Testimony of this
witness showed who were the first per-
sons to arrive at the Barry farm after
Barry and his sister had left at half past
nine. They arrived between ten and
eleven, taking the team which DR.. Reilly
had driven out from Milton to Wilds
tc visit Mary Ann at Barry's order.
Cross examination merely showed that
Foley couldn't identify the body from
where he stood at the barn door and in
fact was not acquainted with Mallem.
Andrew L. Morken, the complaining
witness, for the state was the next to
take the witness stand. He testified to
being the first cousin of the deceased
Andrew Mallem, both of whom he said
had been residents of this county since
1885. He had known the defendant
Barry over 12years. He last saw Mallem
alive on Dec. %, 1900, few days prior
to his decease, at which time he visited
at the Morken farm for three days. He
first heard of the homicide on the fore
noon of January 3rd, 1901 at about eleven
o'clock following which he drove to Mil
ton and saw Barry at the Northwestern
Hotel early in the afternoon. Allan
Mcdonald, the deputy sheriff was pre-
sent. Barry made voluntary state
ment to the witness of what he had done.
Told him, "Its a sad affair" ut hap
pened." at had to happen" Barry
then told him he had better go out there
as Andrew had money on him, some
which he had given him during the past
few days. He also told witness taat he
had taken Mallem's fur coat to put on
Mary Ann when he drove her to the
farm of John Wild. Witness did not 20