Courier Democrat. (Langdon, N.D.) 1891-1920, 1903-11-19
Barry Trial on at Last
Continued from First Page.)

at Osnabrock, in the latter case asking
Smith to send and get his brother Tom
Barry and Mrs. lDick Barry, bringing
them to Milton to care for his sister.
Mary Ann. The Langdon messages were
sent to notify the county authorities OF
what he had DONE In the time it took
to get in communication with these
parties Barry left the store going next
door to the office of DR.. Mcqueen. 1t
was in returning to the drug store that
he was; accosted by Allan Mcdonald.
the deputy sheriff. Barry voluntarily
placing himself in charge of the officer
as they re.entered the store. Barry
took steps toward sending messenger
to Andrew Morllea. the only relative of
Mallem to notify him Of what had hap
pened.
with the witness still under direct eN-
animation.
AFTERNOON SESSION.
Robt. s;wanlaw was recalled to the
stand when court opened again In the
afterncon.sta eniuiring into the minute
details Of all said by Barry at the drug
store in the presence of Swanlaw. Hell
geson. Cox. Mcdonald and others who
were previously on the stand. Attorney
Purcell for the defense raised an objec-
tion to the evident attempt of the state
to lay foundation for proof of Barry S
sanity at that time in transaction of
business matters by repeated questions
covering his paying the telephoning
charges on his return later to the drug
store. This portion of the testimony
was at the suggestion of the defense or
dered striker out by the court. Judge
Cowan also cautioning the jury not to
give consideration to any questions or
answers ordered stricken out. Under
cross examination the witness was caused
by defendants counsel to contradict
many of his statements as previously
given. Redirect questions of state
counsel tended to extricate witness from
his ENHANCEMENT also showing that at
times during the summer previous to
the homicide he had been room mate
of the deceased Mallem, at the North
western Hotel in Milton.
Allan Mcdonald, who at the time of
the tragedy was deputy sheriff was next
called. He had known Barry since boy
hood and his acquaintance with Mallem
existed to the extent of business associa-
tons. On the third day of January 1901
he first saw Barry as he drove into town,
but didn't meet him until half an hour
later when he called to him alta distance
saying he wanted to see him. Barry
halted and when he came up said ''Yes
MAC I am now in your charge" Wit
ness knew what had occurred, being
previously told of the killing of Mallem
by Justice of the Peace Norgard. An
objection was made by the defense, but
over ruled by the court to the introduc-
ton through an officer of the peace of
anything which might tend to incrim-
mate the defendant. The endeavor
being to shut out further repetition of
Barry's confession. Slowly, with re-
luctance as we'll as lack of recollection,
the story was drawn out from the
witness by Attorney Nye the replies of
witness varying little if any from those
who had preceded him. The introduce
ton of the knife Barry was alleged to
have used in killing Mallem aroused the
somewhat tagging interest of those pre-
sent in the court room. 1t was marked
as exhibit D. and handed to witness to
indemnity as the one given him by Barry
and latter given into the custody of the
states attorney. The witness after ex-
aiming it said that the handle and
general appearance of the knife were the
same but from his recollection the one
he received from Barry had two large
blades instead of one, as found in the
one he was now called on to identify.
In cross examination attempt was again
made by defense to obtain from witness
an opinion as to Barry's mental condi-
ton as conveyed by his behavior and
and appearance generally while in his
charge, but permission to answer any
such questions was denied by the court.
Defense would also have questioned the
witness rs to Bdrry's not eating at the
hotel in the evening and his restlessness
at night when in bed with Mcdonald,
but such evidence not having been given
by witness IN his direct examination it
was over ruled as improper cross ex-
animation. Witness was excused and
short recess taken.
At the re-opening after the recess of
court, j. E. Truax, clerk of court, was
called and sworn as witness, the state
explaining to Judge Cowan that this
witness was put on the stand unex-
pectedly owing to the developments dur
ing the cross examination of the preced-
ing witness. Questions were merely put