The Topeka state journal., 1903-06-20

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your petitioners were charged with hav-
ing on the third day of June committed
the onense of murder by unlawfuIly.
deliberately and feloniously shooting
and killing one Alpheus Berry: and in
the third case on a warrant issued by
the justice Of the peace aforesaid. on
said date. wherein your petitioners were
charged with having on the third day of
June committed the offense of murder
/ by unlawful deliberately premedi-
4 tatedly and feloniouslV shooting and
killing one Daniel p Berry, and IN the
/ fourth case on a warrant issued by the
aforesaid justice of the peace wherein
your petitioners were charged with
/ having on the third day of June com
mitted the offense of deliberately. will
fully and premeditatedIy shooting one
Roy Berry, with intent to do
/ him great bodily harm.
\ Your petitioners further allege that they
/ were residents of the counties of Chey-
enne and Rawlins and in the employ of
/ was the owner of a large ranch situated
/ in the counties of Sherman. Rawlins.
Cheyenne, and Thomas. and had in his
! possession thereon during the years 1909
and 1903 large herds of cattle. and he
had largely improved buildings, fences.
wells windmills, and other appliances
the aforesaid ranch. that in the devel-
Opment of the said ranch large tracts
~
| p. Dewey, which had been used and oc-
cupied by the settlers heretofore with
out charge and without compensation
therefore. That by reason of the pur-
chase of the land aforesaid the settlers
within said territory. including the said
Daniel F. Berry, Burchard 3. Berry,
Alpheus Berry, and Roy Berry, became
angered and incensed against the said
c. p. Dewey and his employees and at
! different times, and notably in the
Z months of I1lna and -lfIiV 1909 the said
Roy Berry Burchard B. Berry, and
| Beach Berry, in company with about IS
other persons. all armed with revolvers
or guns. came to the premises of said
/ c. p. Dewey, and where the said Chaun-
cey Dewey was employed as manager Of
said ranch. and in threatening. angry
/ insolent. violent and menaclng man
ner demanded of them that they
should cease the purchase of land.with-
draw their cattle from said pastures,
and abandon said premises or that vio-
lence would be meted out against them.
and upon their failure to do so threat
ened them with violence.
KILLED THEIR CATTLE
THAT at and since said times the said
Roy Berry. Burchard Berry, Beach
Berry. AIpheus Berry and Daniel =
Berry have unlawfully and wr0ngfully
caused injury and damage to SAID ranch
and to the property of said {, +. Dewey,
bv unlaWfullv and WrOngfully shooting
the cattle Of said c. P. Dewey. destroy
ing his wells. setting fire to the prairie
and other unla Wful and wrongful acts,
/ and by making repeated threats OF per
sonal violence. that the cause of the
acts aforesaid. and of the threatened
action of violence, and of the repeater
/ threats of the said Berrys to do bodily
injury to the said Chauncey Dewey
/ CLYDE Wilson and William J. McBrld0
/ and the other employees of the sale
ranch. your petitioners. all the employees
in general of the said c. P. Dewey op
the said ranch and for the purpose OF
self defense only. the said Chauneey
Dewey armed and equipped the en-
ployes on said ranch with guns and re-
volvers. and that in so doing your Pc
titioners believed that at all times when
carrying said arms they were in abso-
lutte danger of bodily harm from the
said BerrVs. and the said employees OF
said ranch refused to remain longer in
the employ of said c. P. Dewey and
under the management of said Chaun-
cey Dewey, unless they We're permitted
to carry arms in self-defense-
STORY OF THE KILLING.
THAT afterwards by virtue of an ex-
ecutiOn issued out of the district court
of Cheyenne county. there was levied
upon the property of Alpheus Berry,
certain windmill and wooden tank by
Robert MCCulOch sheriff of Cheyenne
county. and was advertised for sale on
the I'd day of June. 1903, al o'clock p
m of that day; that on said day one
AL Wlncn1p, an emplOy6 OF Sdlu u
Dewey. at said sheriff 5 sale purchased
said tank and an order was given by
the said sheriff to the said Al Wlnchlp
to carry the same away, that on the
same date the said Berry consented to
and authorized the said Al Winchip to
come on the following day and take the
said tank away; that in pursuance OF
said request your petitioners, with 9TH
ers. went to said premises for the pur-
pose of lawfully and peacefully taking
away said tank and that while IN pur-
suit of said duty, they were unlaWfully
assaulted with arms by the said Berrys
firing upon them with guns and reVol-
vers and that when the said assault was
made the firing being first commenced
by the said Berrys, your petitioners IN
self-defense, and for the purpose OF pro-
tecting their lives, were compelled to
and did FIRE upon the said Berrys, and
/ that there resulted from such assault
a pitched battle, in which the said Roy
Berry was wounded and Alpheus Berry,
Daniel ?. Berry and Burchard Berry
lost their lives. and your petitioners
aver that the said deadly assault by the
said Berrys was by them preconcerted
and premeditated and for the purpose
of killing your petitioners; and your
petitioners aver that in going to the said
premises they were actuated only by
proper and lawful motives and for the
purpose of securing only the property
which had been purchased as aforesaid,
and for no unlawful purpose Whatso-
ever and without anticipating a any
time any assault injury or damage by
the said Berrys, but because of the
threats previously made by the said
Berrys against your petitioners. and
which had been communicated to them,
and because of the knowledge of the
fact that the said Burchard 3. Berry,
Roy Berry and Beach Berry We're con-
tinuously armed and were likely to be
present at the place where said property
was located. they carried with them as
usual their arms. and had the same in
their possession on the 3rd day Of June,
1908 when said assault was made upon
them and that on said date and not
withstanding the fact that the said Roy
Berry Aipheus Berry. Daniel p. Berry.
Burchard 3. Berry and Beach Berry
lived a long distance apart from each
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