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

cOmp0nl0Q Cn0 mOt00f W00n Attending
The first trisl, Of two years ago, whom a
child was for years afflicted with laugh
ing fits but is apparently now cured.
Hcr son, the defendant, she testifies is
now forty-three years old and up to his
eleventh year when he received injuries
by being kicked on the head by his
cousin, O'Rourke, was a healthy ap-
pearing boy: the blow fractured the
bone at the base of the skull, the
wound not healing until spring after
which vein grew out and would on
occasions of excitement burst, discharg-
ing large quantities of blood. He was
never the same afterwards. William
had made practice of visiting the old
home about once in every three years
since leaving for Dakota nineteen years
ago.
JOHN BARRY's deposition was taken
at Credition, Ont He is brother of
the defendant and began by detailing
the circumstances of the injuries sus-
tanned by William while scutfling on the
ice in December 1870, the injury was
inflicted by boy Richard O'Rourke
who kicked William repeatedly on the
crown of the head with his frozen boot.
Described it as being a cross ways cut
from which much blood flowed at the
time. All winter until along in June he
had to stay at home. The wound then
healed leaving a large vein exposed.
After the blow he was unable to do any
more schooling. Deponent told of an
incident eighteen months later in which
William lost his temper in Il friend
ly rough and tumble scuffle, grabb-
ed an axe and white foam dropping
from his mouth he drove his brother
into the house.
Of the family of seven children John
Barry testifies that one for years has
been subject to epilipic fits.
ELLEN HoLr, not related to the de-
PENDANT, but intimately acquainted with
the family testified in a deposition made
at Creditor, Ont, to having known
William Barrys parental grand mother
having set fire to her own shanty, burn
ing with the furniture, while she sat out
in the field refusing to allow any one to
take care of her., Fully believed that
the old lady was insane. Deponent also
knew of the insanity of Mrs. O'Rourke,
sister of defendants mother who had
to be tied in rocking chair to prevent
her from throwing herselfto the ground
and tearing her clothing to pieces.
Testified to having known the defendant
for upwards thirty years and that he
had always made her visit when over
in Ontario. As boy she remembered
him as being of an excitable nature.
On his visit home three years ago de-
fsndant told her that it would be his
last visit as he had come over expect
ing to get wife but was disappointed.
L. e. w. BRUNELLE. was then called
to the stand to testify to general be-
havior of defendant while here in Jail.
Brunette was in the county Jail in
January 1901 awaiting trial on wheat
stealing charge when Barry was brought
up from Milton. They spent two
months together. Witness described
defendant as nervous and excitable,
especial at the approach of night fall.
On the first night the deputy sheriff had
to remain with him all night. After
that witness slept with him constantly.
Barry was afraid to be alone expecting
something was going to happen or that
someone would come in. He was very
nervous sleeper. at the least noise he
would call out and holler. He had a
suspicion that there was poison in
his food and it was long time before
he could be induced to eat much.
Witness often noticed him talking to
himself and crying. He would tremble
like leaf and walk for hours back and
forth holding his head. The sheriff got
a sleeping medicine for him but instead
of taking it he hid it in his cell, claim
ing they wanted to poison him: He told
the sheriff of Barry's behavior and that
he was getting afraid of him.
SATURDAY.
T. w. Cox, one of the state witnesses
was next put on the stand to testify in
behalf of the defense. Told that he
had known the defendant Barry for
about six years prior to the homicide.
Saw him in Milton on the forenoon of
January Bird. 1901. at about eleven
o'clock as he came out of DR.. McQueen's
Office going to Closes drug store.
Barry was along with Deputy Sheriff
Mcdonald and he followed them into
the store. Barry told him he had
killed his hired man Andrew that morn
ing Told of the trouble about Mary
Ann and how he had taken her to John
Wild's and then returned and killed
Mallem. Clearance Mears and Leslie
Mccullough came into the store later on.
Also Helgeson. who cautioned Barry
not to- talk. Barry in replv said he