The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1903-07-03

LIS CAA6ubs anu - uOAuS oil H4LuAu LIS
power to create prejudice against the
people of Sherman and Cheyenne
counties.
From Topeka State Journal.
The hearing of testimony in the pro-
ceeding for bail for Chauncey Dewey,
W. J. Mcbride and Clyde Wilson,
charged with the murder of the Berry
family in Cheyenne county, commenced
Monday afternoon in Topeka before
Judge Hamilton who is taking the
evidence for the supreme court.
The state is represented by G. G.
Coleman, attorney general; L. D. Hotch-
kiss, county attorney Of Cheyenne
county, and Colonel Colby, of Beatrice.
Neb., who has been engaged by Chey-
enne county to assist in the case.
Elk Senator John E. Hessin is repre-
senting the petitioners.
The hearing Monday was for the pur-
pose of taking testimony in behalf of the
petitioners.
After the list Of witnesses was called
EA4C 5EaLo d6hOA ADA q &c PaAaAAOA u VIZ
nesses. All but the one on the stand
were required to leave the room.
About 10 witnesses presented them
selves and were sworn. They in
cluded cowboys, officers of the law and
ranchers.
Robert Mccullough, sheriff of Chey-
enne county, was the first witness.
In response to questions Mr.. McCul-
Tough stated that he deemed it necessary
that the militia protection be afforded
the defendants while they were in Chey-
enne county. He described the excite
element at st. Francis and the crowds
that attended the preliminary. The OBJ
ject of this was to show that the de-
PENDANTS were in danger and to explain
their refusals to give testimony. At
torney General Coleman objected to the
introduction Of this testimony.
Col. Colby then took the witness and
secured an admission from him that h'
saw no mob menacing the safety Of the
prisoners.
Gan you name any man who indicat
ed that he had any intention of iniuring
the defendants after their arrestS"
After long pause in which the Sher
if studied the question carefully, h'
said he could not name anyone who wa
guilty of such an act.
The attorneys for the state attempted
to show that the Deweys were in Ut
danger, and that the militia was csllet
for some ulterior purpose than to pro
tect the defendants.
''Is it not fact" asked Col. Colby
shat the best people out there, so o
them, gave you signed statement tina
they would guarantee the safety Of tn
prisOners?"
There was a paper which purpOrte
to be such a document. 1t was really
suggestion that deputize citizens u
to a number of so" said the sheriff.
E.. B. Trussell was the next witnes
called.
TrusselI is a St. Francis iverymar
aud testified that he saw the Berry
armed with Winchesters and revolver
shortly before the fatal feud. One {
these was A ". Berry and the othe
was B. B. Berry. They had thier wiz
ehesters in their buggy at TrusseTs liz
cry stable.
The following is the list of witnesse
which were called by Senator Hessin Il
the petitioners:
Robert Mccullough, st. Francis.
Thomas LeBow, Rawlins county.
Charles E. Durham, st. Francis.
IT. Short, Atwood, Kan.
CT. Butler, Sherman county.
Thomas E. Shahan, Cheyenne count,
E. B. Trussel, st. Francis.
Claim Berrys Shot at Sheriff and Party.
From the testimony introduced at Il
Dewey hearing Monday afternoon,
appears that the Berry boys bad vel
playful way of taking q potshot at Il
Deweys and their friends.
One day in August, 1902, Nees Olso
agent for the Reeves threshing machil
company, went to the Alpheus Berl
ranch to take possession Of a bunch
horses which his firm claimed ind
certain forfeited seattle paper" Tn
had already taken possession Of bun'
Of cattle the day before. With Olsl
were ". q. Carpenter, q Marion {
torney, Charles z. Burnham, sheriff
Cheyenne county in 1902. and J.
Short, deputy sheriff Of Rswlins count
They we're provided with the necessa
papers and proceeded to round Up {
bunch OF horses. Each member Of ID