George Gartley who traveled from San Francisco
with Blessing was called as a witness. He identified the gold pin in evidence
as one worn and valued highly by Charles Blessing. "He valued it as
much as if it had been dug out of the mines by himself."
Witness Frederick Dibble identified Barry
as a man he worked with last summer. He saw two pins in Barry's possession
and identified them as the same ones in evidence. Barry told him that some
of the hurdies he had been dancing with wanted the pins.
The saloonkeeper at Cameronton took the
witness stand and identified Barry as a man who had spent a considerable
amount dancing with the hurdies in his saloon.
Witnesses for the defence were then called
but failed to provide any exculpatory evidence. Judge Begbie summed up the
evidence in a clear and lucid manner, pointing out the law governing such
cases, and left the case in the hands of the jury. After deliberating for
one hour the jury returned with a verdict of guilty.
On the following day Judge Begbie summoned
the prisoner Barry and asked him if he had anything to say, why sentence
should not be passed on him. Barry answered that he had nothing to say,
further than that he never committed the murder for which he was charged.
"I never remember traveling with any stranger until I got to the 13
Mile House, the stranger overtook me there. The witness Stark came up afterwards;
we started out together; Stark and his companion went on. I traveled three
quarters of a mile with the stranger and then parted with him and have not
seen him since. I passed three or four Chinamen on the road and came on
to Van Winkle that night. This is all the statement I have to make."
