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Ladies "White Muslin Shirts Torchan Lace Trimming, only Ladies White Cambric Skirts Tucked, Embroidery Trim ming, well worth $1.25 now 09v Ladies Muslin Drawers, Tucked, at ATTORNEY W.W.ERWIN, i.e Noted Criminal Lawyer of the the Northwest Associated With Defense—Attorney Erwin Gained Fame in the Celebrated Minne apelis Murder Case of Hayard— His Legal Eloquence Has Earned for Him the Title of1'Minnesota's Tall Legal Pine." SHREK JTIIOKS swoiin: JAMES MCDOWELL. GEORGE A. OLES. JOHN McLEOD. Everybody is familiar with the goner ally accepted story of tho crime which lias developed and led up to the case now. on trial. The following brief synopsis may, however, refresh the mind of some of our readers: I STOBY -OF THE CRIME. On January 3 last, William Barry, a prosperous farmer, residing a few miles from Milton, learned that his farm hand, Andrew Melleu, had be I trayed his si3ter under promise of marriage and that she "was enciente. I Barry idolized his 6ister and the knowledge of the affair made him I frenzied. He enticed Mellen into the barn and accused him of the of- I fense and said that he would giye I him five minutes in which to pray, I At the end of that time he gave Mel I len the choice of beiog hung or hav ing his throat cut. Despite the I prayers and pleadings of his victim 1 Barry, who was a very powerful man, 1 undertook to hang him. He was un- able to accomplish this and a JMurdererBarry on Triaf-==HisLife the'^ake===Tbe Celebrated Case 'Brought Into District Court on Tuesday Afternoon. Hard Work Securing Jurors. BARRY WILL FIGHT THE CASE TO A FINISH. Judge Kneesibaw Finds Unbiased Jurymen With Great Difficulty. Defense Will Base Their Plea on Grounds of the Temporary Insanity of Barry. eo mur- 1 dered the man by eutting his throat. I Barry immediately gave himself up and "has since been confined in jail. 1 Miss Barry lost her mind as the re suit of the terrible tragedy and a few 3 weeks later died in the insane asylum at Jamestown. S FIRST DAY. When the case of William Barry, on trial for the murder of Andrew Mellum, was begun Tuesday afternoon, shortly after two o'clock, a crowd that comfort ably filled the court room pushed their way up through tho corridors, filling all THREE JURORS SWORN. Upwards of Twenty of the Special Venire of Fifty Jurors Disposed of With the Result of Three Jury men Being Sworn to Try the Case No Prospect of Taking of Testi mony Being Started Until Next Week—Jurymen Have a Tedious and Long Case Ahead of Them. seats that had not been reserved for the court, attorneys and jury. The notoriety the case has gained, since early last January, when Barry committed the orime for whioh he is now on trial, iB duch that the people of Cavalier county have gathered from far and near to watch its progress. It was the generally accepted belief that the work of securing a jury would immediately follow the u&ual formalities of opening court, but developements followed which saw the close of the afternoon session without a name being drawn from the jury box. Court was opened by the sheriff at half past two o'clock and upon Judge Kneeshaw taking his seat States At torney Dickson entered from the attorneys room in company with Attorney Jno. M. Cochrane, of Grand Forks, who is to assist him in the prosecution of the case. Closely following the prosecutors came the defendant's counsel, Judge Templeton and Attorney Tracy R. Bangs, of Grand Forks, also W. W. Erwin, of Minneapolis, recognized as being one of the keenest and most successful criminologists in the northwest. The retaining of the latter gentleman On the case demonstrates that Barry and his friends are making every effort possible to clear him of the murder charged. When Barry was brought up from the jail by the sheriff and took his seat at the side of his counsel he looked remarkably well, especially so for a man confined to jail for more than seven months. Although he manifested keen interest in all that transpired he appear ed in no way ill at ease and showed nothing that could be described as con cern or anxiety as to the outcome of the long trial that was just starting. The venire of fifty jurore drawn this Ladies Muslin Chemise Embroid ered insertion and,everlasting STABLE. If Trimming well worth 85c now 9UC Ladies Muslin Drawers Umbrella style, wide ruffle at Ladies Muslin Chemise Crochet Edge Trimming, well worth Jt, 75-cents now at..... ......... -4wV term was then called by Clerk of Court Truax, all but four of the jurors being present and responding as their names were called. Those-absent, arriving later, coming down on1 ti»a train from the north. Not until a few minctes to three o'clock when the state rose and moved that the case of the State of Nocth Dakota Hg&inst William Barry be called cenld the case be considered actually started and from •that time until the ficfjourameol was ceached at supper time, followed an interesting and lively legal tilt, in which the defense made a desperate effort to: essclude.Attorney Cochrane from assist-: ing States. Attorney Dickson in conduct ing the case. .dudgeTemfleten was'firstto address the court with amotion, 'in which, on behalf of the defeadant he objected to the association of .Attorney Cochrane with States .Attorney Dickson in LANGDON, NORTH DAKOTA, THURSDAY, JULY 18, 1901, cok- ductiag thedefense, claiming that his so doing was not recognized by law, whether under contract with the county board ar otherwise. Sis argument was that the state law ga,v.e no authority to the commissioners to make such ap pointmeat. Hie cited legal authorities in support what he stated and wound up by calling the court's attention to Sec. 9, of the laws of 1301, providing that the proper party to assist in the prosecution, if required, was the attorney general. Attorney Bangs also touched on points in the motion much in the order taken by Judge Templeton. Attorney Cochrane, in support of his position as associate counsel with the state undertook to Bhow to what extent the repeal of Section 1988 of the old code was affected by the enaotment of Section 9, of the revised and amended laws of 1901, which, by the-way, when introduc ed as a bill in the Benate had not the "attorney general" feature, with which it was bedeeked, at the suggestion, possibly, of that official, while in the hands of the judiciary committee. .At tention was also directed to the final clause of the newly enaoted Jlaw, upon which the defense had neglected to place emphasis, and which seemed to parti cularly fit the esegencies of the case on trial, by not making mandatory the fore going provisions conflicting with Section 1988, of the old code in allowing the retaining of legal assistance under circumstances such as demanded on this occasion. Judge Kneeshaw denied the motion of the defense and during a recess of fifteen minutes the prosecution revised the order of the court authorizing the re taining of Attorney Coohrane as council. When the court reconvened the defense went through the formality of filing two objections, one being against the retain ing of Attorney Cochrane and the second objecting to tho appearance of States Attorney Dickson in the case, so long as Attorney Coohrane -was employed as special counsel. Both objections were overruled by the court. Defense taking exception thereto. It was too late to proceed with the impannelling of jurors when the above argument closed and an adjournment was taken until yesterday morning. COURT NOTES. The appearance and comfort of the court room has been greatly improved by the new arrangement of Beats for spectators, the placing of matting in the aisles. Also the jury box has been transformed into a veritable haven of reBt, when compared to the accommoda tion formerly in vogue. One cannot overlook, however, that dancing in the spacious court room is a thing of the past as the new seats are a fixture. Twenty odd applicants for final papers were granted citizenship between acts and Judge Kneeshaw also found time to grant the petition of Thor. Finnson to have his name changed to that of Thor, Thorfinnson. The spectators appeared to be with the court to a man when the motion waB overruled in which the defense endeavor ed to "talk" the state out of the employ ing of Attorney Cochrane. With such an array of talent as Judge Templeton, Attorney Tracy It. Bangs and Attorney W. W. Erwin, who will be remembered as having "starred" the Hay ward murder case in Minneapolis, the attitude taken certainly savored of the dog in the manger order. Wm. Barry, on trial Tor his life, certain ly looked finer than site, neatly drebsed and smoothly shaven. Perhaps a trifle pale and a noticeable loss of flesh, but he made a good showing. No one would take him as being the'man who commit ted the crime of January 3rd. Those in attendance at the opening -session had no cause'to complain df hav ing wasted their time. The legal tilt indulged in by the prosecution and defense was well worth listening to. Judge Kneeshaw by instructing the attorneys that their challenge of in dividual jurors had to be made before the latter were sworn in did away with unnecessary delay in getting the case before the court, which means much when it is borne-iir mind that an expense of several hundred dollars per day is being incurred while the case is on trial. If the case had happened to come to trial before Section '9 of the new laws went into effect on July 1st, the argue ment that took up the whole of the first afternoon of the trial might have been averted, but things will happen that way. Six bailiffs were named by Judge Kneeshaw just before the adjournment. Special Bailiff, Frank F. Boss door keeper, Jas. McDowgall Peter lieid and Jas. Mcintosh were placed in charge of tbe jurors during the daytime and Jas. McMillan and N. MoE wan named to liave charge of the .jury at night. 'SLittle" Kneeshaw as a trial judge siWved himself right from start as being altle to decide all the. fine points present ed in the afternoon's argument. ?*2k in '95 Judge Cochrane will be ren lesnbered as being here associated wit.ii the defense in the murder trial of the bay Uillespie, and the talent shown in tliat trial in bringing clear the defend ant of responsibility for the killing of his FARHERS AND THRESHERS Of Cavalier County. Present conditions indieate a large crop for this season. Laborers to save it will be scarce Xou must have the best uncle, bodes but little hope of similar liberty for Barry, with his talent and learning on the other ?ide this time. The venire of fifty jurors contains the names of enough Scandinavians to try the case but the odds are at least ten to one that in the eyes of the defense their nationality will be enough to bar them from a Beat in the jury box. However, it may be said that all who have been examined appear to have most of the qualifications necessary. Judge Cochrane introduced Attorney "Bill" Erwin as "Col." Whether from Mo., or Ky., was not stated, but it is altogether more likely that he id better known generally in the northwest as the tall and talented legal pine of Minn. SECOND DAY. When yesterday afternoon's session closed with only two occupahts in the jury box and fourteen men out of the special venire disposed of it was gener ally conceded that jurors for the Barry case were hard to get. Implied or actual bias were the disqualifications upon which the prospective jurors were as a general thing disposed of by the defense, the challenge more generally coming from the attorneys on that side of the' oase, The public seem to have found out already that little of interest is to be looked for until the work of securing a jury is disposed of and that the balance of the week will be taken up in so doing is an opinion that prevails with good cause as the correct one. Many from the outside have gone home to return when it is learned that this tedious job in finished. The court was opened promptly yesterday morning at '9i30 and upon Judge Kneeshaw taking bis seat the business of securing a jury was proceeded with, "The first name drawn from the box was that of O. R. Daniels, who claimed 'bis exemption privilege on the grounds of employment in the U. S., postal service as postmaster at Daniels, a position he baa filled for seven years. Excused. James Molntosh was the next juror drawn and after a lengthy questioning proved acceptable to both sides. "Mao" admitted that his grey hairs testified to an age of 59 years, eighteen of them hav ing spent in Cavalier county. His know ledge of the case and opinion formed had been solely gained through local papers. He had never acted as juror heretofore and had seen Barry but once previous to trial nnd had no conscientious scruples against infliction of death penalty. One hour after the court opened the first juror, James McDowell, stepped into the box and was given the oath, 'John R. Thompson, living in the vicinity of Soper and within eleven miles of the scene of the tragedy, was the next called. Knew Barry by sight. Said the oase was much talked of around there, sentiment strongly against defendant. He-.regarded the feeling as ^hostile and one-sided. It later developed he was acquainted with the deceased, Mellen, and' intimate with a number sabpoened as witnesses on the case. The defense intetposed a challenge of actual bius. Both sides gave much time and attention Binders and Threshing Machines To save it. I solicit your patronage, and promise you the beBt terms and prices cousistant with legitimate business methods and the best goods in the market. A fall stock of Hardware of all Kinds. LANGDON AND HANNAH NUMBER 50. I to this juror, but after an examination of over two hours he was excused for implied bias. Emil Petereon was the fourth one called. He lives in Billings, having come to this country from Sweden eight years ago. The defense questioned juror closely ia order to ascertain his know ledge of terms that were likely to be brought up during the trial and it was discovered that in speaking of the de ceased, Mellen, the juror thought the attorneys had reference to the defen dant, Barry other instances of his in competency were made apparent. It was evident, however, that his national ity was largely at the bottom of the de fense's objection. Juror Peterson was excused for cause and appeared glad that ho was. William Bucklin, of this city, was next examined. He evidently did not wish to serve and stated that ho had '"-typd an opinion whv:h would only be ivn.oved by evidence of a very strong character. Both side3 seemed to think Mr. Bucklin had the qualification to make an accept able juror, but he continued to maintain his opinion formed previous to the trial. A challenge interposed on the grounds of actual bias way allowed and juror ex cused. The ordeal undergone apparent ly was somewhat longer than "Buek" had anticipated. The name of Thomas Robinson waB called next in order, but the juror was excused for the day, owing to temporary indisposition. Geo. A. Oles, living in Gordon town ship answered a":l questions in a manner acceptable to both sides. He has gained an impartial knowledge of the facts of the case through reading the Dbmo«rat. Coukibr- Declared that his verdict would be governed by the evidence brought out for trial and bad no con scientious scruples against capital pun ishment.. Tli9 afternoon session of the second day had nearly drawn to a close when Mr. Oles «-as given tho oath, told to take a seat, nloDg side of Juryman McDowell in tho box, making two men accepted. John Struthers of Olga was called shortly before adjournment. He was quite weil posted in regard to the caBe, had known Barry in this county for twelve yeiu's and hud an acquaintance with tho Barry boys back in Wellington cou nty, Out. Had met and knew Mellen, the deceased and apparently had formed an opinion as to the case, but thought he could give a fair decision. He was still under examination when court adjourn ed. COURT 'NOTES. The Couit: To prospective juror, Emil Peterson, after undergoing about an hour's perplexing examination at the hands of the defense: "You're excused Mr. Peterson." Peterson: "Well, I'm glad of that." An acquaintance wtth Milton parties on the part of the prospective juror was something that the defense is noted as looking into very closely. Occupants of the jury box from that looality are more than likely to be scarcer than hens teeth. (Continued to Fifth Page.) At Langdon and Hanna I sell the following well known and time tried machines: McCormick Mowers, Rakes, and Binders, Flour City Gasoline Engines, Dixie Seperators, Buffalo Pitts Engines and Niagara Seperators, Advance Engines, Seperators, Stackers and Feeders, Columbia Seperators, Russell Wind Stackers, Maple Bay Wind Stackers, Parsons and Woods Bros. Self Feeders, Tanks, Tank Pumps, Hose, Belting, Packing, Engine Fittings, the best Oil the Market affords. J.McPHAIL.