The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1903-09-18
.BERRYS ARE UNDER ARREST.
CHARGED WITH STEALING CATTLE IRON
ROCKEFELLER RANCH.
Alleged Theft Dates Back to Last Win
ter-sOme Thing They See Marks
OF Dewey Casesin Arrest
OF Berrys

Beach and Roy Berry, nhe remainder
Of the Berry family, Of Cheyenne county,
who we're not killed in the Dewey Berry
fight early in the sumner, wese Thurs
day morning brought back from Bur
lington, Colo, by Undersherif John
Price Of Rawlins county, Sheriff Frank
Fleming, Of Kit Carson county, Colo,
and Sheriff Sam Pratt, Of Colby. Kan.
They were arrested and charged with
having stolen 20 head Of cattle Of Frank
d. Rockefeller, on his ranch in Rawlins
counts, two years ago.
They we're taken from Colby to At
wood where they viii have preliminary
hearing
The Berry bOEs are cousins. Beach is
about p years old while Roy is about
80. They say there is nothing in the
story that they have sold out to the
DeWeys but that none OF them have Oc-
cupied the place where the fight took
place since that time.
When arrested they were about 80
miles southwest Of Burlington, where
they were making arrangements to settle
on government land, from all indica-
tons. They did not resist the officers.
They say It is Dewey's friends who have
caused the arrest and that there is moth
ing in the charge. Part Of the cattle
which are claimed to have been stolen
are supposed to be IN the possession Of
Charles Kramer, of Quickville, Thomas
county, and were bought by him from
the Berry boys.
At the time these cattle were taken
from the ranch these two Berrys were
working on the Rockefeller ranch, which
is just north of the G. P. Dewey ranch
which Chauncey Dewey was operating
at that time and up to the first of June
this year.
The trouble with the Deweys and Ber-
rvs has principally grown out Cf the fact
that the Dsweys are heavy losers by
cattle thieves and that the blame has
been laid at the Berry's door and their
associates, while they have denied the
charges and apparently grew furious at
such false accusations The Rockefeller
brand is easily changed TO B brand as
their brand is an r.
It is not known here who the com
planning witness in the case is, but from
the fact that the Rockefeller people
have always defended the Berry's
against the prosecutions of Chauncey
Dewey, it would seem that this cattle
case has been instigated by henchmen
Of Dewey. The theft is alleged to have
been made two years ago. Since then
the Berry families have suffered a great
calamity. The case now pending, IL
valid one, would in all probability be
equally holding against the three Der
rvs who were killed with Dewey rifles,
and can it be that the friends Of the
Berrys are trying to take vengence upon
the two remaining. 1t is not reasonable
to think 80, and the conclusion is prac-
I tically necessitated that the Berry's
enemies are at the bottom Of their ar
rest.
| Chauncey Dewey, ". J. Mcbride and
/ Clyde Wilson are charged with the muir
der Of Daniel P. Berry and his two sons,
and If fake charge can be trumped up
| against the two only eye witnesses of
the tragedy and these two men sent to
the Penitentiary It viii go long way
toward giving Dewey and his men a
chance TO eztricate themselves from a
bloody crime. The people Of this county
look upon the arrest Of the Berrys with
suspicion, and they throw out the sug-
gestiOn that it is a method Dewey's at
tOrney IS adopting to defend his clients.
The cattle were stolen from that pOr-
ton Of Rockefeller's ranch which lies 10
RaWlins county and the Berrys will have
to stand trial in RaElius county for the
crime. The murder cases against
! Chauncey Dewey, ". J. Mcbride and
Clyde Wilson must be tried il Chey.
enne. Both RawIius and Cheyenne
county are in the same Judicial district
The Seventeenth, presided over by
Judge A. G. Geiger, RawIins county, has
term Of court In November. Cheyenne
has DO term until December. Therefore
the Berrys must stand trial for cattle
okodAALE q L40lAA DGADEG OCMbIs " AA1uL
and Mcbride are tried for murder i
the Berrys are convicted and sentenced
to the pen they cannot testify againsl
Dewey, Wilson and Mcbride in the muir
der case.
!, The supreme court has laid down thu
rule OF law: "a person convicted Of 1
criminal offense and sentenced to i'm
pTisonment in the penitentiary is not {
competent witness IN = criminal case
while the sentence remains unreFokeS
and such person is not pardOned." RO.
and Beach Berry are the only eye Wit
nesses to the killing, outside Of the de
PENDANTS With the Berrys out Of tn
way It viii be hard to convict Dewey
Mcbride ard Wilson. If the Berry
lcan get q continuance OF their cattl
stealing case they can testify il III
other case, as they are competent VII
, nesses until they are convicted and
: sentenced.
working Overtims-