Courier Democrat. (Langdon, N.D.) 1891-1920, 1903-11-26

doctor assumed that Il swss possibly
seylell days before his mind assulSed
ito hdtmal condition; it might only be IA
few moments and cases had come to his |
knowledge where. it continued for
weeks. t"
The state put lengthy hypothetical
question, covering statements OF Barry |
on January 3rd, 1901 including what he
had said of the deed.
Assuming these additional facts DR..
Sweeney said they would neither
modify or change his previously
expressed opinion.
AFTERNOON SESSION.
w. B. DICKSON, one of the counsel of
the defense, and states attorney at the
time of the homicide on the Barry farm,
was the first witness called by the state
in it's rebuttal. He was asked did he
recall the testimony of the defendants
brother. Richard Barry, as given few
days ago. Following this he was asked
if Richard Barry stated to him on the
defendants farm. short time after
the occurrence of the homicide that
"Blll' had told him in Milton on January
4th. that Mary Ann fetched knife to
the house from the barn and laid it Oh
the table besides where he sat and told
him that Malen had outraged her out
in the barn while she was milking. The
reply of the witness was He didn't tell
me that or anything like it or to that
effect
Witness then testified that on June
18th 1901. he talked with Richard Barry
when he told him that Mallem was
standing behind the Joe horse, 'Bill
and the deceased then got jangling.
Mallem then chased his brother with a
pitchfork and that what he did was
done in self defense. Cox was present
when this conversation took place be-
tween witness and Richard Barry.
Cross examined testified that he was
states attorney at the time, had charge
of the prosecution and prepared the IN
formation. That the name of Richard
Barry was placed on the information
with the idea of making him if possible
witness at the trial.
T. w. Cox, testified that he was on
the Barry farm in company with w. b.
Dickson and Richard Barry at the time
referred to by the foregoing witness.
70 the best of his recollection it was
sometime in June. He had no recollec
ton as to any conversation that night
having taken place. His idea was that
Richard Barry was at that time specula-
ting as to how the homicide might have
happened and suggested the manner
above described us possible.
HARVEY FARNHAM, next called is now
from Ann Harbor, Mich, but at the
time of the homicide was employed with
the State Bank of Milton. Saw Barry
on January Bird at the bank, it was in
the forenoon. Allan Mcdonald was
with him. Barry rendered him check
for $3.50, left 500 on deposit, part in
payment of an order of his that had
been cashed few days tprevious. He
gave the defendant cash balance of
about s1lO. Barry also left number
of notes for which he was given re-
ceipt. They amounted to between
$1,000 and $1,000. Before leaving the
bank Barry returned. the order. and told
them to keep it as it might be needed.
Didn't note anything particular in his
manner or appearance.
Cross examined, said that he had been
in the bank about six months. He had
at other times.transacted business with
Barry. Said that Mcdonald took part
in the transaction of the business.
GEORGE GREEN, when called to the
stand was:tirst of all objected to by the
defense as his name did not appear
among those of the witness of the state
on its information, but was allowed to
testify it being shown that his evidence
would be strictly in rebuttal. Witness
is in business as a harness maker at
Milton. Testified to being present on
the Barry farm some two or three years
prior to the time of the homicide when
the defendant was threshing witha new
machine and lost his temper when some
thing went wrong. He didn't notice
anything in it demonstrating insanity,
however nothing more than manifesto,
ton of temper.
CHARLES BUTTERwIcK, was another
witness recalled by the state on re-
buttal and gave testimony of similar
nature.
JOHN FOLEY, was also on the stand
couple of minutes in support of the
testimony of the foregoing witness.
The evening adjournment was here
taken.
TUESDAY.
H. T. HELGEsoN, testified to an &C.
quaintance with Barry of over sixteen
years standing, had observed his manner