Omaha daily bee., 1903-06-17
DEWEY'S MEN KEEP SILENT
Two Cowboys Go to Jail Rather Than
Describe the Berry Shooting.
WILL STAY MUM TO SAVE OWN SKINS
Armed Men Surround Dock While
Preliminary Hearing is On
Spectators Searched for
weapons.

. ST. FRANCIS, Kan, June 16.-wlth an
armed guard standing as a solid wall be-
tween them and the curious public.
Chauncey Dewey, w. ]. Mcbride and Clyde
Wilson faced Justice Hall for their pre-
liminary hearing this morning.
They are charged with the murder of
Daniel Berry and his three sons two weeks
ago in a fight on the range near the Berry
ranch. No one was allowed to enter the
court house until he had been searched
for weapons and the strictest watch was
kept on all.
The soldiers sat with their backs to the
court and faced the crowd, thus having an
opportunity TO view everyone who en-
tered the room. The line extended clear
across the room from wall to wall. The
array of legal talent here is probably the
greatest ever witnessed at a preliminary
hearing in Kansas.
The state is represented by Prosecuting
Attorney Hotchkiss, Attorney General Cole
man and Attorneys Murphy, Noble and
Colby of Beatrice, Neb. The defense is
represented by Senator Hessing and Attor-
neys Harvey, Scott and Moreland.
1t was not until nearly 10 o'clock that the
prisoners were brought into court. They
appeared Indifferent to the gaze of the
crowd.
State Designates the Charge.
Attorney General Coleman announced
| that the prisoners would first be given a
| hearing on the charge of numbering Bruce
Berry.
The witnesses were then called and all
| answered. The Dewey cowboys, although
in town, had not been served with the
states sutpoenaes and another long wait
| followed.
| Ed Tucker, one of Dewey's cowboys, the
| first witness called. created a sensation by
| refusing to answer any of the questions
| put TO him by Attorney General Coleman
for the state. Tucker said he would refuse
| to answer questions because he understood
there was a warrant out for his arrest,
! and State Senator Hessing, attorney for
| the Defense volunteered that the witness
was acting under counsels advice on the
| ground that his answer might incrimlnate
| him.
The Dewey cowboys have, it is stated. re.
! fused 10 testify and this has successfully
blocked the purpose for which the state
| had subpoenaed them.
Tucker, continuing to refuse to reply tc
questions, Attorney General Coleman ap.
pealed to the court and asked that he bt
committed to jail until he would answer.
In Jail for Contempt.
Justice Hull agreed and Tucker went e
Jail, where he was followed a minute latei
by Al Winship. another, cowboy who re
fused to talk
Birch Berry was then called He tolC
his story and accused. Chauncey Dewey o.
firing the first shot, which struck Ro,
Berry. Mcbride, he said, fired the seconC
shot, which struck Bruce Berry.
ROy Berry was the next witness We Wal
shot through the face during the assaul
on the Berry ranch and was brought int
the courtroom on stretcher.
Asked by Attorney General Coleman VIII,
shot him he replied in a weak voice that 1
was Chsuncey Dewey. He insisted that h
and his father had no trouble with tn
Deweys OF a serious nature before the kill
ing, although there had been a number o
disputes about minor matters
Attorney Hossin for the defense aske,
Berry If he was armed on the day of tn
tragedy. He replied that he was. but tha
none of the Berrys had made any effort I
use their arms.
Mrs. Alpheus Berry said on the after
noon OF the murder Will Mcbride and an
other man. whose name she did not know
called at the house and asked IL the Berry
. were at home. Afterward she heard tn
, shooting and saw the finish OF the tragedy
but did not know who fired the shots.
DIR. G. Pogg of Bird City said he wa
called to the Berry house after the mur
der. He made an examination. but coul
4 not tel whether the bullets entered fror
behind or in front.
Georse Shafer. p. e. waldin and l.. I
5 capron. neighbors OF the Berrys, did nc
5 see the shooting. but Immediately afte
, hearing the reports OF the guns went 10 N
! ranch and found the bodies OF the unfo,
4 tunate men lying on the ground.