The Topeka state journal., 1903-06-29
WAS THERE MOB
One of the Questions Involved in
Dewey Case.
Sheriff Mccullough Says He
Didn't See One.
WITNESSES ARE HER e
Question of d Bond Is to Be
Determined.
Both Sides Prepared for the
Contest.
WITNESSES ARE HER E

Owing to the nonarrival of c. W.
Colby, of Beatrice, Neb., the hearing OF
testimony in behalf of the application
for habeas corpus and bond in the
Dewey murder case was postponed this
morning until 80 this afternoon
Promptly at 1:30 Judge Hamilton.
who is taking the evidence for the SUI
preme court, entered the room in the
basement of the south wing of the state
house where the hearing is being held.
Shortly after Chauncey Dewey, Clyde
Wilson and W. T. Mcbride, the accused
ranchmen, entered in custody of Sheriff
Lucas and ex-Chief Of Police Donovan.
The state is represented by c. c. Cole
man, attorney general; l. D. Hotchklss
county attorney of Cheyenne county
and Colonel Colby who has been en-
gagged by Cheyenne county to assist IN
the case
Ex-senator John E. Hessin is repre-
senting the petitioners.
The hearing today is for the purpose
of taking testimony on behalf of the
petitioners. The witnesses are mea
who refused to testify at St. Francis
because they We're afraid the enemies OF
the Deweys would try to do them some
bodily harm
After the list of witnesses was calle.
the state asked for a separation of Wit,
nesses. All but the one on the stand
were required to leave the room.
About fifteen witnesses presented
themselves 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.. AcCul-
lOugh stated that he deemed it neces-.
sary that the military protection be af-l
fOrded the defendants while they were in
Cheyenne county. He described the ex-
citement at St Francis, and the crowds
object of this was to show that the de-
PENDANTS We're 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 he
saw no mob menacing the safety Of the
prisoners.
Can you name any man who indiea-
ted that he had any intention of injur-
ing the defendants after their arrest 2
asked Col. Colby
After a long pause in which the sher
if studied the question carefully, he
said he could not name anyone who was
guilty of such an act
/ The attorneys for the state attempted
to show that the Deweys were in no
danger, and that the militia was called
for some ulterior purpose than to protect
the defendants.
rs it not fact" asked ColoneA
Colby. that the best people out there
fifty of them, gave you signed state
ment that they would guarantee the
safety of the prisoners?
There was a paper which purported
to be this sort of a document. 1t was
really a suggestion that I deputize citi-
zens up to a number OF fifty said the
sheriff.
e B. Trussel was the next witness
called.
Trussel is a ST. Francis liveryman.
and testified that he saw the Berrys
armed with Winchesters and revolvers
shortly before the fatal feud. One of
these was A w. Berry and the other
was b. B. Berry. They had their Win
chesters. in their buggy at Trussel's liv-
cry stable.
The following is the list Of witnesses
which was called by Senator Hessin
for the petitioners:
Robert McCullogh, st. Francis.
Thomas LeBow, Rawlins county.
Chas. E. Burnham. St. Francis.
J. T. Short. Atwood. Kan.
J. L. Butler, Cheyenne county
Thomas E. Shahan, Cheyenne copnty.
E B. Trussel, st. Francis.