The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-02-25
BARRY
CASE is
CALLED
Brown Denies That His Gun
Killed McMichaeI.
COURT ROOM CROWDED
Review of Former Case That
Led Up to the Barry Trial.

Oklahoma City, o. T., Feb. A-The
district court room was fairly well filed
with spectators when court convened at
9 O'Clock yesterday morning, evidencing
the popular interest in the case of the
Territory of Oklahoma versus William
Barry, or Joe NJ. Berry, charged with
uttering perjured testimony in the pre-
liminary hearing in the case of Editor
Z. Z. Brown OF the Times-Journal, at
that time charged with the murder of
w. 7. McMichaeI in feudal conflict re-
sulting from a dispute as to the owner
ship of the famous Murphy claim lying
northeast of this city.
A portion of the quarter section which
McMichael claimed was at that time in
possession of the Classen company and
was being offered for sale in lots as
Woodland addition.
On the morning of June Q, 1902. E. W.
Johnston, an officer of the Classen COM
pany, and Elmer E. Browkn met at
lot owned by the latter in Woodland. A
bull owned by McMichaeI was noticed
trespassing on the property. Accompa
MED by Brown Johnston led the bull off
the premises taking it westward about
mile to a barn on the premises OF
Shortly after they arrived there McMi-
chael came up and Johnston advanced
to meet him and a pistol conflict FLOWED
in which Johnston, Brown and McMichael
all participated
Johnston was the first to fall. receiving
a mortal shot in the heart. McMichael
also received a shot in the abdominal
region from the effect of which he died
at st. Annthony's hospital the following
morning.
Brown, the sole surviving participant in
the conflict, was arrested on a charge of
murder In the preliminary hearing
which followed. one William Barry was
introduced as a witness by the territory
and astounded the court and spectators
by alleging a conspiracy on the part Of
Brown and others to bring about the as
sassination of McMichael, the witness
alleging that he had been several times
solicited to arrange for putting McMi-
chael out of the way.
The defense introduced evidence indi-
eating that Barry was one Joe NJ. Berry,
an escaped convict from the Georgia pen
itentiary. where he had been sent for
burglary.
While the preliminary trial was in pro-
gress and Immediately following the
above allegations of the defense, Barry
suddenly disappeared
Brown was acquitted as a-result OF the
preliminary which was. presided over by
Judge j. p. Allen. 60 -
Some weeks afterward Barry was To-
Gated at LaJunta, Colo, and was
brought back to this city by an officer.
His head bore a severe wound and he
claimed periodical mental alteration as
a result of the wound He gave out an
other sensational story to the effect that
he had been slugged one morning and
spirited out of the city.
Berry was indicted thrice for perjury
and is now being tried upon the first in
Gictment which Col Johnston, who is
conducting the prosecution, refers to as
the omnibus indictment"
The selection of the jury occupied the
entire morning and the twelfth man was
noe selected until 1:45 o'clock in the after
noon Many of the venire were disquali-
fed because they were readers of the
Daily Oklahoman and were Informed
concerning the issue. The jury, as finally
selected, consists of S. B. Davis. James
Cain. c. P. Jones' Atha Wilkinson, c. I.
Dye. S. w Reeves. G. w. Rice, w. s.
Deal. s. L. Shintaffer, Martin Aherns,
Albert Wilson. II. Langberry.
When the jury had been completed and
Col. J. w. Johnston commenced a state
ment of the case for the prosecution. the
court stopped him for moment and.
turning to the prisoner inquired What
is your real name?"
Attorney T. G. Chambers Of the defense
objected to the defendant replying, and
the court did not insist upon an answer
Col Johnston had not proceeded far
with the reading of the statement when.
his throat being sore. County Attorney
Ramer was permitted to complete the
statement
ITO this indictment" concluded Mr..