The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1904-06-25
GUILT or MURDER.

Jury Declares William Barry 10 ne
Man Who Killed Andrew Mellon.
The third trial Of William Barry, on
the charge of killing his hired man.
Andrew Mellem, over three years ago,
ended at Grafton with q verdict Of
murder in the first degree.
The case has attracted widespread
attention throughout the state. No
denial Of the killing has ever been
made by Barry or his attorneys, but q
most effective defense was made on
the plea that Barry was insane at the
time of the homicide.
Prior to the Sd day Of January. 1901,
the date of the homicide, Andrew Mel.
lem had made his home with William
Barry in Montrose township, Cavalier
county, being engaged as a hired man
on Barry's farm. On the evening Of
Jan. 2, William Barry and his sister
Mary Ann were at their home on the
farm, as was also the victim of the
homicide, Andrew Mellem, and so far
as known there was no trouble existing
between any Of them. On the next
morning Barry drove into Milton and
placed himself in the hands of the law,
stating that he h&d killed his hired
man that morning by sticking him in
his reason that his sister had the night
before made a confession to him re-
garding Mellem's relations with her
for the three years previous. An in
quest was held at the farm Of Barry
by the coroner. and later an autopsy
was held In the village of Milton. Bar
ry was then taken to the county Jail
at Langdon, and in the month of Feb
ruary was given an examination be-
fore Justice e. A. Farrell. He was
bound over to the district court on the!
charge of murder in the first degree,
and was, until the month of July, In
the custody Of Sheriff Allan Plnker-
ton.
In July, 1901, before the Hon. w. T..
Kneeshaw and a jury, he was placed
on trial, and during the next thirty
days a legal naftIe was fought between
John M. Cochrane and W. B. Dickson,
representing the state, and w. W. Ir-.
win of st. Paul; and Tracy r. Bangs
and c. F. Temp1eton of Grand Forks.
representing Barry: The jury brought
in a verdict of guilty of murder in the
first degree and imposed a.sy6Rtence OF
liisse imprisonment. An appeal was TAX
IN tho y,nroron q, 0,yrffo ~ Hdth q nc co
was sen back for another hearing be-
cause of errors in the tidal.
In November, 1903, before Hon. John
F. Cowan, presiding at the request Of
Hon. W. j. Kneeshaw, the latter judge
being. disqualified because Of an aft.
dayit presented by the defense, and be-
fore a jury, the trial of the case was
resumed, Frank Nye' of Minneapolis
and W.. B. Dickson OF Langdon appear
ing for the state and Joseph Cleary of
Langdon and w. E.. Purcell of Wahpe-
ton appearing for the defendant. After
another, trial. Of thirty days. the jury
returned a verdict OF murder in the
degree, but, because of irregu-
larities in the verdict. the court re-
fused to accept it, and the jury, after
further deliberation.. failed to agree
and were excused.
Later the state made q motion for a
change of venue, which was granted
by the court. From the order granting
the change the defense appealed to the
supreme court on a witt of certiorari.
This was refused, and the case was
transferred to the count yof Walsh,
where it has been. on trial since May
81. M .,.
At this. trial the state vas represent
ed by George M. Price, states attor-
ney. of Cavalier county, and e. r.
Sinkler, states attorney Of Walsh
county, and MI. Barry was represented
by Tracy R. Bangs and Maj. Hamilton
Of Grand Forks ana H. A. Libby Of
Park River.
The jury was selected in seven days
and the trial has continued for two
weeks, the evidence Of some seventy
five witsesses having been received by
the jury. The following were the ju.-
rors selected:
James McGlynn, Mimic; James CoulA
ter, Vesta; H. Haynes, Grafton; Sam
uel syverson, Vesta; John .Wylie, Min
to; Joseph F. Vorachek, Medford; OH
yer Winch and George Norris, Graf
ton; Nels Berntsen, silvesta; Samuel
Coumbs, Martin; Thomas Parkins,
Pennington, and Carl Fisher, Martin.