[6][7] It was alleged Barry had begun his relentless, drunken attack on his wife during a prolonged argument regarding a missing purse the afternoon prior to the murder, in which he dragged her by the hair around the house.
[12] They returned to court the following morning and told Mein they had still not agreed on a verdict with the foreman stating that some jury members had wanted "to make a law for themselves", alluding to their preference to see Barry convicted of manslaughter rather than murder.
Some believed her act of the "greatest possible immorality" had provoked Barry and because of his "excitable temperament", he was "driven" to murder his wife in "sheer desperation".
[16] Pattison said that while the premier Boyd Dunlop Morehead would arrange a meeting to discuss the case, it wasn't likely the previous decision would be altered.
[16] Rockhampton Bishop John Cani also sent a telegram to the Premier urging him to delay the execution until the question of Barry's sanity had been looked into further.
[5] In his final moments, he was joined by The Reverend Father Stephen McDonough from the Roman Catholic Church who performed a service for Barry.
The executioner instructed Barry where to stand and as he took his position and the noose was being adjusted, he exclaimed: "Jesus, have mercy on my soul" which he continued to repeat until the bolt was drawn when he died instantly.
[18][19] The gaol where Barry's execution took place was demolished in 1948, when it was decided the site would be redeveloped for the proposed Eventide Nursing Home.
[29][30] Mary Barry's funeral was held the day after her murder, when a procession departed her brother-in-law's residence at 10am and arrived at the South Rockhampton Cemetery a short time later where she was buried on 27 February 1890.