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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."

The Sentence

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