Courier Democrat. (Langdon, N.D.) 1891-1920, 1903-11-26
Verdict is Now Awaited.

q Continued From Fourth Page.l
with defendants breakfast when
Barry jumped up and pointing to
the cell in which he had spent the
night said II was ready for them
last night.
Witness examined the cell thoroughly
to find the cause of his excitement. but
found nothing there. On the Sunday
morning previous to the opening of this
trial. when he entered the Jail to serve
Barry with his breakfast he
found him standing undressed be-
side his bed. trembling and shaking
his head. his hands we're clenched
and his eyes wild and staring. As
he shook his head he made unin-
telligible utterances.
AFTERNOON SESSION.
The examination of the lay witnesses
of the defense was practically complet-
ed at this stage and an adjournment
taken until Monday forenoon, as tele-
grams received during the forenoon
stated that DR.. Sweeney. expert witness
for the defense had unexpectedly been
delayed in arriving here.
MONDAY.
DR.. ARTHUR SWEENEY, of St. Paul,
Mimi. was the first witness called, gave
his age as forty-fiye years and that
for twelve years past he had made
speciality of diseases of the mind
and nervous system, also that he had
given expert testimony for the defense
at the former trial of this case. He
saw the defendant Barry first in March
1901 here in the county jail and at an
examination made then found de-
preston of nearly three-quarters OF an
inch on the top of the head near the
base of the skull. Stated that he found
the facial muscles fex, the tongue
tremulous and the grasp of tho hand
extremely weak for man OF defen-
dant's apparent physical strength. The
knee jerks, or contraction of the muscles
of the leg below the knee, more than
normal when touched. This diagnose
together with the unkempt and general
lack of realization of his surroundings
by the man aided witness in forming an
opinion as to the unbalanced condition
of his mind at the time. Barry avoided
conversation and replied to all attempts
at conversation merely in monosylables.
He was able to trace defendants pre-
sent condition as partially due to the
accident at the time he was twelve
years old when he was kicked by boy
O'Rourke. Barry told the witness OF
his having fit two weeks prior to the
time of the homicide when driving a
wagon home from town and was found
unconscious by Andrew Weir lying fat
on his face in the wagon box with the
lines around his neck. When he re-
covered his mind was blank as to
what had happened: his mind confused
and it was days before he could recall
any of the incidents. Witness gave the
opinion that at this time defendant was
insane. He stated that the Barry
family history gave strong tendency OF
hereditary insanity and that insanity of
the parent often transmits epilepsy to
the children. Epilepsy he showed al
lowed. of people acting automatically
while in an unconscious state. They
may transact business but on recover
ing from the condition remembered
nothing of what happened: their acts are
often furious. Will power governs
actions, but that will power is not
governed by conscience. The patient
suffering from mental epilepsy betrays
his condition by staring; his unac-
customed manner of acting. The fury
of an epileptic patient will be
directed upon one against whom they
have grudge or dislike. A weapon in
the hand will suggest its use. Such an
emotion might be brought about in a
weak minded person on learning Of ruin
havi6g overcome an insane sister. The
crime of an.epiliptic person will oftimes
show more violence in its doing than
necessary.
Defendants counsel then formed an
hypothetical question covering assump-
lions of fact as shown in testimony as
to mental weakness in the Barry family
from the grand mother of Barry leading
down to the time of the homicide.
1t required almost an hour to give
the question and in response brought
from DR.. Sweeney the opinion that
defendant was insane at the time.
Under cross examination DR.. Sweeney
said that he assumed from the hypo-
thotical question that Barry had killed
Mallem; that the sister Mary Ann had
made confession TO him and that de-
PENDANT did give himself up to Norgard,
justice Of the peace. He assumed that
defendant did not know what he was
doing, that it was unconscious automatic
4 49, 49,. - A..~,.,s