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


in the early SOS. On leaving here for
Manitoba, near Winnipeg he sold to
Barry the farm on which the tragedy of
January 3rd 1901 occurred. O'Rourko's
testimony detailed what took place near
Garder on a cross country drive from
Milton to Grand Forksin "a. The party
comprised William Barry, Thomas
O'Rourke, John Barry and Mike Nc
Carthy all going to the land Office to
make filings. Defendant had been
asleep in the wagon and at the point re-
ferred to was awakened by his brother
John to take his turn driving. He
awoke suddenly, seized with the delu-
sion, that the other three were trying to
do him out of the land he was going to
file on. He sprang out of the wagon.
dragging his brother John with him.
Defendant was so overcome with
rage and passion that he foamed at
the mouth tore the clothing off his
brother and was only prevented by
the main strength of others in the
great bodily injury.
The testimony related other episodes of
similar character.
MARY ANN SWEENEY testimony as
given at the former trial was next pre-
sented by the defense as evidence, the
witness not being in the state. Objec-
ton was raised by the state, its per-
instability being question, the witness
not being deceased, the objection also
was made that dispositions were neces-
sary of all living witnesses not present
at the trial.
AFT ERNOOS SESSION,
JOSEPH CLEARY, counsel for defense
took the stand and offered in evidence a
copy of his letter to Mrs. Sweeney also
her reply and the subpoena on which
the sheriff had been unable to make
service. The court settled the matter
ruling out the testimony of Mrs. Sweeney
at the first trial on the ground that the
defense had not shown sufficient activity
in their effort to secure the attendance
here of the witness.
A similar objection was sustained by
the court on the attempt being made to
put in as evidence the testimony of Mrs.
Ellen Barry and William Donovan as
given at the former trial of the case.
The defense here temporarily withdrew
from its direct examination for the pur-
pose of allowing the state to put on its
witness, Cady Swain, who was delayed
in arriving here from Union, Iowa, for
the purpose of testifying on the states
direct case.
CADf Swain ON taking the stand testl-
fed that he was farm machinery col
lector and in January, 1901, about the
3rd, as nearly as he could remember,
drove from Milton to the Barry farm
along with George Plain, arriving there
about eleven o'clock in the forenoon.
On their arrival they met John Swan
law and William Robinson and were
told by them where they would find the
body. He didn't notice the condition
of the dead mans pants as regards to
being buttoned until his attention was
called to it towards evening at the time
the coroner came. He felt of the body
but felt no pulsatation. The head
underneath the hair was still warm, but
the fingers We're icy cold. 1t was this
witness who directed the attention to
those with him to the marks of blood on
the inside latch of the door.
CHAs. RIDGE. was witness at the
former trial and his deposition taken at
his home near the town of Creditor,
Ont. was then read as evidence by the
counsel for defense. The wife of the
deponent is sister of the defendant,
William Barrys mother and has twice
been patient of the hospital for the
insane at London. Ont, the symptoms
previous to her confinement he testified
in his deposition were violent and
passionate: she imagined the house in
flames: and thought that her husband
was her deadly enemy: more recent
attacks of a similar character had
occurred within the last three years
Their family had been composed of
eight children, three having died re-
sulting from epileptic fits and quick
consumption.
Mrs. ELLEN BARRY. mother of the
defendant and now nearly seventy years
of age, gave testimony in behalf Of her
son in deposition taken at her home in
Ontario. She states therein she came
out from Ireland to this country when
about sixteen years old and was the
Oldest of a family of four children, her
sister. Mrs. Ridge. being next in age.
Her husband Florence Barry. died about
SIX years ago in his seventy-eighth year.
The deposition showed that the death
of her mother only occurred about five
years ago, the old lady being nearly
hundred years Of age. Her sister Mrs.
Ridge had been at various times for