Courier Democrat., 1904-06-16

was spoken to by witness would return 10
bed and Immediately fall asleep: they
never spoke as to why they We're i'm
prisoned. Barry appeared interested in
the outcome of the Spanish h-American
war and the witness read the papers to
the defendant during the time he was
there: and the defendant was given
medicine by local physician and after
taking dose or two of it threw it out of
the window saying they were attempt
ing to poison him.
Frank Delling, of Milton. was next
sworn, said he had store next to DR..
Reilly's and heard loud talking in there
at the time Barry was brought there.
Went to the door and asked Barry what
the trouble was: Barry stated that he
had killed man that morning. Wit
ness did not see Barry's face or express
sion of countenance, and from his condi-
ton and former acquaintance with the
defendant testified that he was of the
opinion, formed that morning. that
Barry was insane.
Thomas Barry, brother of the defen-
dant, testified as to peculiar acts of the
defendant in 1889 and 1890, Indicating
grand NAL; heard statements made by
William Barry and talked with him per
sonally on the 3rd of January. His evil
dence was along the same lines as at the
previous trials. His opinion was, as
formed that morning, that William
Barry was insane at the time Cross-ex-
animation developed no discrepancies in
his testimony.
Mrs. Richard Barry, wife of the de-
fendant's brother, testified as to her hus-
bands condition in 1895, at which time
he was taken to the provincial asylum at
London, Ont. where he was confined for
a period of six months. After being Ii.
berated from the asylum they imme-
diately removed to this country, where
they have since remained.
Because of the fact that an expert on
the part of the defense was unable to
reach Grafton at this time Mr. Bangs
moved for an adjournment until Mon
day morning, at which time they would
either have their witnesses here or read
the testimony given on former trials.
The court granted this concession.
The testimony of DR.. Sweeny was read
Monday morning on the part of the de-
fendant, he being witness who testi-
fed as an expert for the defendant at the
first and second trials but was unable to
be here at this time and therefore the
defense read the evidence used at the
former trial. after which they rested
their case.
The state then proceeded with its re-
buttal.
Harvey Farnham, the cashier of the
bank at Milton on the 3rd of January,
testified as to the cashing of the
draft and the paying of the order
by the defendant on that day. He
stated that he noticed no difference in
his appearance on that day than at other
times when he did business with him,
and that in his opinion he was sane a.
that time.
Cady Swain was called to testify as
to the condition at the house on the
morning after the killing.
Robert Swanlaw, being the gentle
man who was in charge of the tele-
phone on the day that Barry was in
Milton, had several conversations with
Barry and from these and his former
acquaintance with Barry formed the
opinion on that day that he was sane.
His testimony was practically as before
given.
The testimony of the witness Fitch
was then read to the jury by the state,
being the testimony of the witness who
talked with Barry after he had been
confined in Jail for some time, and
being the witness who testified that
Barry told him that he was in trouble
and didn't know how he was going to
come out, that he went to the barn and
didn't intend to kill Mallen, but that
he thought Mallem would kill him he
fought so hard: that he tried to rope
him and take him before the authori-
ties but couldn't do it and then held
him down and stuck him with knife.
Albert Olson recalled and testified
that he thought Barry was sane at that
time from his conversation and actions.
John Swanlaw testified to the condi-
ton of things in the house and was
cross examined to some extent, but his
story remained the same.
TUESDAY,
John Foley, recalled and testified as
to the condition of Barry at the time,
on the 4th when he returned Butter