The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-06-16
DEWEY TRIAL OPENS.
First Witness Refuses to An
swer Questions.

St. Francis. Kas.. June 16.-With an
armed guard standing as solid wall
between the men and curious public,
Chauncey Dewey W. J. Mcbride ana
Clyde Wilson faced Justice Hall Ior
their preliminary hearing this morning
No one was allowed to enter the court
house until he had been searched for
weapons. The soldiers sat with their
backs to the court and faced the crowd,
thus having an opportunity to view
every one who entered the court house.
The line extended clear across the room
from wall to wall. The array Of legal
talent here is probably the greatest
ever witnessed It preliminary hear
ing in Kansas.
All interested in the trial are hero.
The cowboys from the Dewey ranch
who were with the accused the day of
the triple murder arrived late last
night. All came heavily armed. but this
morning their guns had been discarded
and they spent most of their time in
side the guard lines of the camp. The
Berrys came to town early today ana
but little was seen of them until they
entered the court Men, women and
children crowded the court room. Some
Every soldier before leaving camp was
given additional ammunition and the
strictest orders as to guard duty is
sued.
The prisoners were brought into
court at 10 o'clock. surrounded by a
guard of nearly a dozen soldiers. The
soldiers on guard in the court numbered
twenty or more. Each man sat with
his back to the court and their line
stretched nearly across the court MAX
ing solid wall between the prisoners
and the public. A bayonet was fixed to
every gun.
Ed Tucker. one of Dewey's cowboys,
the first witness called, created a SEN
satiOn by refusing to answer any of the
questions put to him by Attorney Gen
eral Coleman for the state. Tucker
said he would refuse to answer ques-
tions because he understood there was
a warrant out for his arrest and State
Senator Hessin, attorney for the de
fenSe, volunteered that the witness was
acting under counsels advice on the
ground his answers might deduce tes.
timony that would tend to incriminate
him.
The Dewey cowboys have. it is stated,
refused to testify and this has success
fully blocked the purpose for which
the state has subpoenaed them.
Tucker continuing to refuse to reply
to his questions, Attorney General Cole.
man appealed to the court and asked
that he be committed to Jail until he
would answer.
Justice I. S. Hall. before whom the
case Will be heard. is a retired Metho>
dist preacher. He was wanted to off,
ciate 1t the funeral of the murdered
men, but the message reached him
after the train to Bird City had gone
He has been resident of western Kan
sas for years, and While not enga ged
in dispensing justice sells grain and
feed of all kinds This is the second
case which he has been called upon to
try Il make it my aim" he said to-
day. in lawsuits tried before me to try
to bring about a settlement between the
people at outs. But this case is too
much for ne"
Attorney Coleman appealed to the
court and Justice Hall ordered Tucker
sent to jail for contempt, as he did A.
l. Winship. another of Dewey's cow
boys who followed Tucker on the stand
and also declined to testify
Beach D. Berry told the story of the
killing and when asked who fred the
first shot, answered promptly:
"Chauncey Dewey
Berry said that he recognized Dewey.
Wilson and Mcbride in the attacking
party.