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

tried to attribute Barry's rubbing
his hands to his having driven several
miles with no other covering than
a pair OF yarn mitts rather than mani
of insanity, also alluded to the
fact Of defendants right hand having
been bitten by stallion years ago.
Questioned redirect by the defense
witness said the second time he saw
Barry in Jail, his manner and behavior
seemed to be like what it was before the
homicide-natural. This was at the
time of the preliminary examination.
He was then shown the knife introduce
ed by the state as exhibit E." Asked
to state whether or not it was the knife
examined by him as Juror at the time
of the corners inquest.
Witness stated that it was different
in one particular, as he was certain
that the knife he examined at that
time had two large blades while the
one he now looked at contained
only one.
State then put in evidence copy of the
testimony given at the coroner's inquest
which described the knife as being a
three bladed one containing two small
blades and large one. Witness was
handed the testimony by defendants
counsel and asked to examine the
signatures of the jurors and say whether
or not the signature T. w. Cox was his
hand writing. He failed to recognize it
and it was here that it transpired to be
only copy.
ALLAN McDoNALD, who few days
previously had been on the stand as a
witness for the state, was then called by
the defendants counsel. Had always
been friendly with Barry. but had few
if any business relations with him.
Possibly had seen him on an average of
once or twice week. Had known each
other from boyhood. Was deputy sheriff
January Bird 1901, took charge of the
defendant and handed him over to
Sheriff Robertson the following day.
Heard Barry talk considerably about
Mallem in Closes drug store and also
heard him state what deceased said at
the time he was killed. Barry also told
witness and others present of the con-
fession made to him by his sister, Mary
Ann, as to having been raped by Mallem
three years ago while out west. From
what defendant next said it appeared
that he had taken his sister to John
Wild's place and afterwards returned
and killed Mallem. Defendant also
stated at that time that it was three
days previous that he had made up his
mind to kill Mallem. On number of
times during the day witness had eau
toned Barry not to talk so much, but
the advise had been always disregarded.
He had always known Barry as being
quiet and rather slow in his actions and
behavior. Everything in his behavior
on January 3. 1901. was directly at
variance with this general characteristic.
His eyes were staring: he was ex-
tremely pale: necessarily on the
move: nervously rubbing his hands.
Witness remained with him during the
night stopping at the Northwestern
Hotel. They went to bed: the slightest
movement caused Barry to jump up
nervouS and STA rtlad.
He would catch witness by the
shoulder and neck and exclaimed.
"Is that you Andrew Witness re-
piled ''No Bill it is me-
attempted to quieten and pacify him.
Wouldn't remain in bed with him longer.
but consented to remain in the room.
Barry couldn't sleep and they went
down stairs, remaining couple of hours
sitting in the hotel Office, when he went
again to his room, telling witness in the
morning that he had slept little.
At dinner next day he was seized
with the idea that everyone wanted
to poison him and could not be in
duced to eat anything.
When asked to form an opinion as to
what he considered defendants condition