The Topeka state journal., 1903-06-18
ARE HELD FOR MURDER
Chauncey Dewey and Cowboys
Sent to GOodlamd Jail.

St Francis. Kan, June -Chauncey
! Dewey, the millionaire king OF Oak
ranch; w j. Mcbride and Will
son late Wednesday afternoon s were
committed to the Sherman county Jail
at Goodland without bail on three
charges Of murder in the first degree
as a result Of the fight on the Berry
ranch two weeks ago, in which Daniel
Berry and his two sons were killed
/ The defendants did not testify.
The decision that the prisoners should
+ be confined in the Goodland Jail was
great surprise to both them and their
counsel. They had hoped that if re-
fused bail they would be sent to jail
either at Horton or Topeka They VIII
be taken to GoOdland at once under
escort OF the militia and an application
for bail will at once. be made to the
supreme court at Topeka
The closing hours of the hearing were
in direct contrast to those of the morn
4 ing session. The morning had dragged
slowly but the afternoon proceedings
were somewhat sensational The last
/ witnesses to be called by the state We're
cowboys of the Dewey ranch VINO, II IS
said We're with Dewey a the time OF
the Berry murders. Two of these had
been called to testify Tuesday, but they
refused to answer questions ana We're
sent to Jail. Five more were called IN
the afternoon and each one, as he TOOK
the stand refused to tell more than his
name The state and court were IN a
quandary. Attorney General Coleman
and the states attorneys quoted law on
the subject and the court ordered tns
c0.vbovs to testify. but their counsel
had ordered otherwise and nothing
could move them.
The one little cell which constitutes
the Chevenne county Jail was alreadY
/ oxprcrowded with the two occupants II
now contained and there was room tOt
no more prisoners All the law aEd
orders of the court were ignored DS
/ Dawey7s COWBOYS and finally the state
gave up in despair and set the con-
temptuous cowpunchers free, at the
same time ordering the release OF the
two in jail. The cowboys had retuse1
| to testify because warrants had DseH
issued charging them with completely
4 in the murders
The state then rested and the de-
fense announced that it would offer no
testimony. No arguments were made
and the court at once ordered the prs
oners committed to Jail without bail
AS they were led from the court house
to the militia camp, where they have
been confined since they were brought
here, the greatest precautions We're
taken to suppress an outbreak Sentry
/ lines were doubled and the crowd was
moved back. The prisoners, as they
came from the court house, marched
with soldiers on each side of them
They did not walk together, as has
been their custom but each man
During the afternoon several lively
tilts occurred between the cowboys and
/ the court The crowd present was
quick to see when the states attorneys
I had scored a point and often the peO-
pie cheered and applauded. Once Sem
ator Hessin. DeWey's chief counsel, re-
piled sharply to the court and was
/ promptly rebuked. HeSsin had told the
court that he was attorney for each Of
i the cow boys who had refused to testify
The court then wanted to know Why
the witnesses had employed an attor~
ney. Hessin sharply replied That's
our affair. and we don't have to tell
the court why. The court does not need
to go into the realm of speculation. ..
The court then rebuked HesSin again
! Harvey, another of Dewey's attorneys.
was rebuked by the court and, after an
apology, the trial proceeded.
There are four charges against each
of the prisoners. Three of these charges
are for murder in the first degree as a
result of the killing of Daniel, Birch and
/ Alpheus- Berry. The fourth warrant
charges them with assault with intent to
kill Roy Berry. On this charge they
I We're committed to Jail at GoOdland in
the sum of $4,000 bail each.
Two other cases growing out of the
same affair were dismissed The hear
ing just concluded was only on the
charge of killing Birch Berry but by
consent the same evidence was admitted
for all cases and the court rendered a
separate finding in each case.
Chauncey Dewey still refuses to talk
1 of the Berry murders or to make pub
lie his side Of the story. He is acting
under the advice of his attorneys, al
/ though personally he says he would like
to have his side of the fight made pub
/ lie Tomorrow Captain Cunningham.
/ commanding the militia company here
and Sheriff Mccullough will go to
j Goodland TO inspect the Sherman county
Jail. 1t is probable that the order COM
mitting the prisoners to Goodland may
be changed.
Friends of the Deweys in speaking of
the circumstances leading up to the
killing of the Berrys offer this explana-
ton:
The Dewey ranch has AZ. 900 acres un-
/ der fence and includes considerable gov
/ ernment land. 1t was the Dewey policy
to have settlers homestead this land,
prove up and then sell out to them. as
! they wanted all the decided land possible.
The Berrys took up considerable land on
the ranch and proposed to sell. but ask
ed an exOrbitant price and when Dewey
refused to buy the trouble began The
Berrys. it is said, cut fences and killed
cattle so Dewey would give their price
to get rid of them. This scheme didn
work and as they continued their
threats and depredations Chauncey
Dewey, knowing them to he bad men,
went prepared for trouble the day of
the killing.
The Deweys are thorough eownen,
good riders and dead shots. Clyde Viii
son, one of the prisoners, was a SER
geant major in the Twentieth Kansas.
Mcbride. the other prisoner. is a Leav-
enworth man His wife lives on the
Dewey ranch and is herself a crack shot.
STILL AT OUTS.