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

an exception to each answer. An effort
was evident on the part of the state to
show that Barry's deed was the act of
man aroused to passion. The cross eX-
animation of the witness by Attorney
Purcell drew out evidence showing that
Barry and Helgeson had had business
differences about bill of lumber. The
attempt also was made by the defense to
Law foundation on the testimony Of
the states witness for possible plea OF
insanity. but the court oyerruled the
answering by Mr.. Helgcson of all ques-
tions asked as to Barry's behavior, ap-
pearance and manner. The witness was
on the stand the greater part of two
hours. 4 recess of fifteen minutes being
taken then in order to secure ventilation
of the court room which was packed
with spectators.
DR.. Jas. Semplc. county coroner at the
time of the homicide, next took the wit
ness stand and testified as to viewing
the body of Mallem as it lay at the
entrance of one of the horse stalls in the
barn. He described the location of the
wound at the angle of the jawbone on
the right side of the neck: that it was
necessarily fatal: death being due to
loss of blood caused by the severing of
the jugular veins and the larger arteries.
It was at this point that the bloodstain-
ed rope, gruesome selic of the tragedy
was introduced and marked as exhibit
c." Dr.Semple testified to finding it lying
partly over and partly under the dead
body. An inventory of the articles found
on Mallem by the coroner including
money and notes was also filed as an ex-
hibit by the state at this time. None of
Mallems clothing, which at the previous
trial helped to attract the morbid atten-
ton of court room spectators was placed
| in evidence as an exhibit by the state at
this trial. Mainly it is understood for
the reason that its condition warranted
it being destroyed. Under cross ex'
animation by counsel for defendant DR.
|ISemple stated that at the post-mortem
examination held after the inquest there
was nothing to indicate that Mallem's
death might have been caused by hang
ing or choking with a rope, the condition
of the heart, lungs and brain all being
normal. That the victim was not entire
(lly defenseless was brought out by il
being shown that stable fork and shove
: were seen in the portion of the barr
where the body laid.
DR.. w. w. Mcqueen followed viii
testimony along the line of the previous
witness. He had viewed the body dur
ing the forenoon, driving to the farm
from Milton in company with DR.. Reilly
Here a question from Attorney Nye in
advertently brought out the statemen
that the witness and DR. Reilly had gon'
to the John Wild farm at Barry's reques
to examine the condition of Barry
sister, whom the defendant told them h
understood was pregnant. Barry stated
, to witness and DR.. Reilly "If she ism
= as say want to be hanged to yonde
telephone pole" Here the direct ex
2 animation of witness ended. The eros
examination of DR.. Mcqueen opened
, with the defense endeavoring to obtail
: from DR.. Mcqueen statement as tt
, whether or not the doctors found Mis-
: Barry to be in condition of pregnancy
At this point the court ruled that thi
, matter was in nowise relative to the issu
at trial and the counsel agreeing to con
!. fine the evidence to the issue at trial.
George Plain was the last witnes
y called to the stand before the evening
= adjournment. He along with a ma
: chinery collector. Cady Swain spent tn
n greater part of the day there on whic
the killing of Mallem, arriving in tn
. forenoon while the body was yet war;
= and remaining until it was removed t
Milton for the inquest by Coroner Sempl
in the evening. Mr.Plain's evidence ais
included a description of the interior
g the Barry home as it had been left by it
j. three occupants, two of whom are no'
Q dead and the other on trial in this cas-
Witness was still on the stand whe
4 court adjourned.
nj TUESDAY.
n At the opening of court Tuesday fort
J. noon George Plain, the witness on tn
a stand at the time of the previous ever
It ing's adjournment was recalled to testii
Q to the statements made by Barry as
g the homicide. Witness only heard
. part of conversation between Barr
9 and others it being to the effect ths
q when defendant entered the barn Mailer
had a fork in his hand. In crosse,
d animation the defense questioned wi
It ness as to the condition Of things in th
l. house; the table laid for meal in th
ls living room and whether or not th
70 apartment of Mary Ann Barry off tt