The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1903-06-26
CONFINED IN TOPEKA JAIL
Slayers of Berrys Waiting Trial
for Bail.
Prisoners Brought to GoOdIand Sunday
Under Militia Guard and Taken to To-
Peka Upon Writ Of Hsbeas Corpus
Hearing Set for July 6.

murder Of Daniel P. Berry and his two
sons, in charge Of Sheriff McCOlloch, Of
Cheyenne county, and the state militia,
arrived in Goodland Sunday afternoon
at 1870 O'Clock, and pitched their tents
just north of the freight depot. They
started on foot from st. Francis Satur-
day morning and covered the distance
Of % miles in two days.
When the militia reached the north
part Of town they turned east from
Main street and marched south on
Broadway. Chauncey Dewey and Nc
Bride were perched upon the spring
seat Of one of the baggage wagons and
Wilson was sprawled out on the bag
gage. Everyone else walked except
Sheriff McColloch, who rode horseback
ahead OF the troopers as though he were
a general commanding the army of the
United States. The whole affair was
spectacular and pOmpous as it was ridic-
ulous.
As soon as the party halted for en-
campment picket men were at once or
dered to walk their beats as though the
soldiers and the prisoners were sur
rounded by the treachery and villany of
a laWless people. Loaded guns, set with
bayOnets, were carried on the shoulders
Of the guardsmen, and the utmost pre-
caution exercised against any possibility
of demonstrations of violence. The
whole affair was more laUghable still to
watch the foOt-sore, raw militia men
cripple along back and forth on their
beats, while all they could see around
the lines was a crowd of curiOsity-seek-
ing women and children. The calico
had no difficulty in getting inside the
lines, and several placed their soft,
white hands IN those of the men who
are charged with crime.
Men were little in evidence, who
appeared to treat the accused murder
ers with a cold Ostracism, and every
good citizen is hoping the prosecution
will be so vigorously pushed that the
rest of the settlers in northwest Kansas
may find in this example conf ort in the
protection of the naked arm of the law
a. 7. Lucas, Sheriff of Shawnee
county, acting as special marshal of the
Kansas supreme court, and his deputy,
Bob Miller, came here from Topeka
Sunday morning. They had a writ OF
habeas corpus for the prisoners, who
were taken to Topeka Sunday night
where on Monday arguments were
made before the supreme court on ap-
plication for bail.
The prisoners were brought before the
court at IL o'clock Monday forenoon
and a discussion by the attorneys or
both sides followed as to when they
could be in readiness to try the case
which ended in the ;cOurt setting July
when the arguments for and against
bail will be made and the testimony IN
troduced. In stead of bringing witness
es from Oak Ranch to Topeka, it wal
agreed to have a commissioner appoint
ed, who, with stenogrspher, will go t
GOOdland and take testimony. Captain
Clad Hamilton was finally selected, anC
James r. Wick will be the stenographer
They viii commence their duties her
Friday, and several days will be con
sumed in the work. The testimony o
the defence xiii be taken down by tn
stenographer and a transcript made 0
his notes This will be on hand whel
the matter comes up July before tn
supreme court.
The militia accompanied Sheriff Lu
cas- and his men as far as Phillipsburl
where the soldiers walked across tn
country to the Missouri Pacific and tool
a train for their homes at Osborne.
At the hearing for bail the Dewey
were represented by Attorneys John E
Hessin, of Manhattan. and F. E. Han
vey, of Lincoln, Neb. For the state ap
peared Attorney General Coleman.
The petition asks for bail upon tn
grounds that Chauncey Dewey, William
Mcbride and Clyde Wilson acted i
self defense in killing the BerFys, tina
while the DeEey men were preparin
to load the tank which had been bough
at the sheriff's sale they were assaulte
with arms by Burchsrd Berry, Beac
Berry, Alpheus Berry and Daniel I
Berry, firing upon them with guns an
revolvers, and that there the assau
was made, the firing being first con
menced by the Berrys; that the petition
ers in self defense and for the purpos
Of protecting their lives, were eompelle
to and did FIRE upon the Berrys, result
ing in pitched battle in which three
the Berrys lost their lives. The petite
further states that the assault made /
the Berrys was preconcerted and pr
meditated It also asserts that the d
Tense was fearful Of introducing evident
at the preliminary trial for the reasC
that violence might have been done
them, and that the fear which the pei
TONERS entertained Of the violen
threatened. they, to avoid prolongir
the dangerous and threatening situati,
deemed it wise and prudent to refra
from introducing any testimony in the
behalf
When the preliminary trial wss end
the court ordered that Dewey and I
two associates be confined in the Coo