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

Alonso Fee was then called to the
stand b the state. His farm is but 800
rods to the northeast Of the Barry hons
He saw Barry the day following ths
homicide at the Northwestern Hotel in
Milton. Barry told him his story of the
affair voluntarily. Defendant asked him
to look after and feed his stock for a
day or two. HE said that if he went
around that barn now it would drive him
crazy HE didn't calculate to kill
Andrew when he went at him with the
rope, but Mallem fought him with fork,
then he took tho knife and finished him"
Witness also related how Barry told him
of his brother, Tom Barry coming to
him and said, s'Bill, never thought you
would commit such cold blooded muir
der. Barry's reply to this as stated by
himself to witness was, ''that when they
came to investigate it would be found
that there was quite IL lot of hot blood
about it, Witness visited Barry while
here in Jail in March and was told by
him of an occasion on which he sur
prised Mallem and Mary Ann wrestling
as he entered the house. Mallem APP
peared to be mad and left the house as
he entered. He also stated that Barry
told him that it was Barry who tried to
kill him and he was going to tell the
truth. if he had to hang for it. Barry
had also told him that his sister did not
know of the killing of Mallem, but had
noticed some blood on two of his fingers
when he returned to the house from the
barn. In answer to a question from her
he had said it was done while he was
killing one of her chickens. Witness
had told Barry that he thought from
what Mary Ann had said to him the
previous evening that he thought she
knew what had happened.
Under cross examination the witness
said in reply to aquestion by the defense
that he had not said that he would lead
posse to hang Barry. Witness, how
ever was led to admit that when he
first heard of the homicide he had said
that he would help to pull on the rope.
The noon adjournment was here taken
with witness still on the stand under
cross examination.
AFTERNOON SESSION.
Alonzo Fees cross examination by
counsel for the defense was continued
when court reopened at two o'clock.
Stated that he was over at John Wild's
farm the evening of January Bird when
Mary Ann Barry was being cared for
there. He gathered from her insane
rawlings that she knew Mallem was dead.
His conversation with her had nothing
to do with the case but was conducted
by him for the purpose of pacifying and
quieting her if possible. When he
visited Barry at the Jail in March 1902,
it was to try and buy from Barry some
of his young stock. At the previous
trial after leaving the witness stand,
Barry told him he had stretched what
he testified to and it was on his being
again put on the stand that he told the
story of Barry telling his sister Mary
Ann that the blood on his fingers when
he returned from the barn was caused
by the killing of a chicken for her.
Under redirect examination by the
state he explained that it was while in
conversation with Andrew Weir that he
had expressed willingness to pull on
the rope should Barry be hung. He
recollected having attended rattle and
shooting match at Barry's and although
not intimate and friendly inclined and
neighborly toward defendant.
DR.. j. j. Reilly next called testified
he had known Barry nearly twenty
years, went out to the Barry place
January 3rd, 1901, along with DR.. Nc
Queen, told of finding the body, its
position and location and diagnosed tho
nature of the wound which he desig-
mated as being mortal one. He assist
ed the coroner at the post norton.
Witness was excused without cross OK
animation by defense. Attorney Nye
here explained to the court that with
the exception of one witness, Cady
Twain, the state was now ready to rest
its main case. Mr.. Swain had been
notified and would have reached here on
the noon train only missed the train
leaving Minneapolis the previous even
ing. They were ready to close now if
permission were given them to put their
witness on tomorrow afternoon. They
said his testimony was merely accumula-
tive of what had already been put in.
A brief recess was taken to allow at
torneys to get together and agree to
stipulation in the matter.
In accordance with a stipulation on
which the counsel in the case agreed
during the intervening recess of half an
hour the state rested it's case when court
reopened. It being agreed that the
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