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Dakota Datebook
February 6, 2004
"Wm Barry Commits Murder"
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On this day in 1901, 42 year-old Mary Ann Barry died
in Jamestown in what was then called the Insane Asylum. Less than a month
earlier, her brother, William Barry, drove into Milton, North Dakota,
to give himself up for having killed Andrew Mellum in the barn that morning.
Its a complicated story one with more questions
than answers. On January 3rd, when Barry came to town to confess, nobody
believed him. Followed by the deputy sheriff, he went from business to
business telling people what had happened. He kept saying, I need
a doctor to go out and examine my sister, and if she isnt in the
same condition as I say she is, Ive killed an innocent man, and
you should hang me from a telegraph pole.
Slowly, a story emerged. The previous Saturday night,
Barry had come home and was putting his horses in the barn, when he saw
Mary Ann and the hired man, Andrew Mellum, scuffling inside the house.
When he went inside, they acted like nothing was happening, but the next
morning the two came into the house upset. Mary Ann asked her brother
if she could die from taking croton oil. By asking that question, she
was admitting to being pregnant.
Mary Ann told her brother that Mellum had gotten
the best of her about three years earlier while she was drowsy from
headache medicine he had given her. Then in recent months, he had started
up with her again. When she became pregnant, he told her to take hot baths
every night, hoping she would miscarry. When that didnt work, he
asked her to use the croton oil, which would abort the child.
By Monday, Mary Ann was becoming frightening, and by
Tuesday, her behavior was alarming. She paced and ranted and insisted
she had to get to the neighbors to save them that someone was trying
to kill them. She wouldnt eat or sleep, and she kept trying to drag
her brother outside to get him away from the evil in the house. She
kept picking and picking at me, trying to get devils off my shoulders,
Barry said. Mellum did chores, and Barry stood guard around the clock.
Before dawn on Wednesday, Barry held Mary Ann down in
bed so he could rest and still keep her from running away. She kept pointing
at Mellum asleep in the other bed of Barrys bedroom
calling him the devil. Later, Barry testified that he, himself, started
to see devils that night: one in the pantry, and one sitting on the corner
of the bed where he subdued his sister.
By morning, Mary Ann had gotten away. Barry found her
wandering on the prairie nearly frozen. He took her to the neighbors,
went back and cornered Mellum in the barn. He tackled Mellum and gave
him a choice to die by either a rope or a knife. Mellum was a small man,
37 years old, but Barry said, He fought like a hero. He first
tried to hang Mellum, but when his hands gave out, Barry pinned Mellum
to the floor and gave him five minutes to pray. Then he cut Mellums
throat. They had been friends for 14 years.
Mary Ann was taken to Jamestown, where she was diagnosed
with agitated melancholia. About a month later, she died without recovering.
Barrys lawyers went with a plea of insanity, but he was found guilty
and sentenced to life in prison. It was never officially reported whether
Mary Ann was indeed in a family way or whether it was a figment
of her tortured imagination.

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without securing prior permission from North Dakota Public Radio.
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