The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-04
ARRAY OF TALENT
They Will Argue Dewey Case in
Supreme Court.
Application for Bond to Be
Heard Monday.
COL. COLBY'S RECORD
He Was a Veteran Fighter Of
Indians.
Reared a Child Found Beside
Dead Mother.

Monday morning great aggregation
of legal talent will assemble in the SUI
preme court to present the arguments
in the bitterly contested habeas corpus
suit involving the liberty of three al
legged murderers-Chauncey Dewey, w.
T. Mcbride and Clyde Wilson.
The following lawyers will appear to
plea for the granting of the writ, which
will allow the prisoners to be released
from jail on bond:
John E. Hessin. of Manhattan, Kan.
A. E. Harvey, of Lincoln, Neb.
w. S. Morlan, of McCook,. Neb
Dempster Scott. of Atwood, Kan.
Against these lawyers, all of whom
are men who know how to go into the
brunt of a scorching legal battle, will
be matched by the following attorneys
VINO have undertaken to prove that the
three prisoners are cold blooded muir
derers, and should be held without bail
for murder in the first degree:
Attorney General c. c. Coleman.
Col. L. w. Colby, of Beatrice, Neb.
Ex-Congressman N. B. Mccormick,
of Phillipsburg.
County Attorney L. D. Hotchkiss. of
Cheyenne county.
County Attorney ]. H. Birney, of
RawlinS county.
County Attorney E. F. Murphy, of
Sherman county.
County Attorney J. P. Noble, of
Thomas county.
All the evidence in the application for
writ of habeas corpus has been taken
under the supervision of Special Master
Clad Hamilton. Mr.. Hamilton will
merely report the evidence to the court.
He will make no findings in fact The
court will also have before 1t all the
evidence taken on behalf of the state
at the preliminary hearing held at st.
Francis. Arguments will be made by
the contending attorneys, and the case
Will then be taken under advisement. 1t
is probable that decision will be rem
dered within a short time.
1t is a peculiar thing that four county
attorneys should be interested in the
prosecution of one case. This condition
is brought about by the fact that the
great Dewey ranch, comprising an area
almost equal to the total area of Shaw
nee county, is located at the junction of
the state-Cheyenne. Rawlins. Sherman
and Thomas. 1t lies partly in each
county.
Perhaps the most remarkable man in
the long list of attorneys is Colonel
Colby of Beatrice. Neb. Colby has a
record. He is great lawyer. and en-
joys equal celebrity in criminal and
civil practice. He is also a fighter, and
has won his title of colonel by hard
knocks on the battlefield. He is an In
early warfare which waged between the
troops and savages in western Ne
braska.
In connection with Col. Colby's exper-
fence as an Indian fighter, there is a
fascinating romance. One time his
troops had a brush with the Indians,
and slew a great many. The battle last
ed as sort of a running fight for many
miles, and when the troops returned to
the scene of their first encounter. two
n AVG saf he ha a
tie girl pappoose lying beside her dead
mother, vainly trying to draw susten-
ance from the maternal body. The child
was alive and soon revived from the
effects of a two days fast Col Colby
took charge of the infant, took 1t
home with him, and raised the baby to
maturity. Now the Indian girl is about
20 years old. and has been given a fine
education by Col. Colby. The girl has
been treated exactly as a member of
his own family, and has grown into a
very beautiful and attractive woman
Col Colby was assistant attorney gen.
eral of the United States under Presi-
dent Benjamin Harrison, and in that
official capacity was interested chiefly
in litigation involving claims against
the government amounting to over $40.-
900, 000 He prosecuted hundreds OF
law suits, and made a great record in
his position.
that so far as they know the town is not
named after Col Colby. but others who
are intimate friends of Mr.. Colby himself
assert that Colby. the county seat Of
Thomas county. is really his namesale-
Col. Colby was employed in the present lit
igation by the people living in the counties
interested. for the reason that he is very
well known and popular out there. He has
been interested previously in much litiga-
ton growing out of the fights between the
settlers and the Dewey ranchers.
There is a great difference of opinion a.
to whether the supreme court will grant
the application for habeas corpus and
bond. Some consider that the evidence so
far introduced is conclusive that Dewey
Wilson and Mcbride deliberately shot to
death Daniel Berry and his two sons. Other
evidence has been introduced which tends
to show that the Berrys had been vowing
vengeance on the Dewey ranchers and had