The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-02-27
CASE
WITNESSES
ARE ABSENT
Attorneys Were Surprised by
McMichaeIs Disappearance.
BERRY AGAIN ON STAND
Court Adjourned on Account
of Absence of Price.
BERRY AGAIN ON STAN[

L
trict court room was again crowded witt
spectators when court reconvened yes
terday morning at $50 o'clock. The Ber
| ry perjury trial was resumed, with IN,
defendant, Joe NJ. Berry, on the witnes.
stand. Colonel Johnson interrogated Ber.
Ty. along the line of the latter's teSti
mony given in the Brown preliminary
hearing and several very damaging ad.
missions were made by the defendant
particularly his admissions relative TO
his residence at Tampa, Fla. admitting
| facts contradictory to testimony given
both by himself and wife in that hear
| ing
During the examination concerning de-
| PENDANTS alleged interview with E. K.
| Brown just north of the Western Ma
| tional bank, the witness said that con-
| versation seemed more like dream than
| any of the interviews he had with the
| prosecuting witness. Witness could not
| be drawn out to re,ate specifically the
conversation alleged TO have been held
4 at that time
| Berry pleaded a bad memory and said
| both at st. Louis and here contractors
| had frequently scored him because of
| his poor memory.
In examination concerning his inter
| view with Joe Barber in the latter's sa-
| HilHeSS SdlQ IndC BalDer was Sit
\ ting on heat radiator. Pressed on that
| point witness said he might not have
! been sitting on a heat radiator but he
| was impressed with the idea it was a
| radiator.
The court room was again crowded this
afternoon to hear the testimony OF Berry.
The defendant was again called to- the
! stand for cross examination. He stated
that Mr.. Brown was $50 feet west of his
N he ayran iyaor Of tla
went directly to meet him. He made me
acquainted with Mr.. Johnston, saying he
wanted to see me. Mr.. Browns first
words on that occasion We're not remem-
bered, but Mr.. Brown wanted to take
walk. Went directly to Johnston. He
was asked at preliminary examination
how far Johnston was from Mr. Brown.
Said he didn't recollect having said john
ston was 100 feet from Mr., Brown. When
introduced TO Johnston didn't recollect
recognizing him as the man connected
with the ClaSsen company. When the
three men met one of them suggested
that they retire to a more secluded spot
in the woods. Mr.. Brown asked where
we should go and talk. Witness sug-
gested place close by Said Brown
asked him If he could get the man to
remove McMichael; subject of conversa-
ton was to get rid of McMichael. Said
Brown offered him 5000 and two lots to
kill McMichael. Witness said he told
them he had found the man to do the
work. l did not tell them his name, but
agreed to get the man next day. Never
had any agreement where they would
meet the man. Didn't recollect of remem-
ber anything about that. Johnston said
that whatever arrangements We're made
he would see that Classen paid the money
Classen's name was first mentioned in
front of Pettee's store on Main street.
Also said Classen was mentioned at the
meeting in the woods. In regard to the
night in the woods. he stated it was
not raining, but thought clouds were pass
ing over. Said the stars We're shining
and also that the moon was shining
Said he saw the moon from under the
trees. Didn't know where the moon was
whether in zenith or what. Witness said
he had one more talk with Mr.. Brown
at Ninth and Broadway after the night
in the grove. Said it wasn't true that
he had shaken hands with E E. Brown.
Said his story was not a fabrication In
reference to his leaving town said he
didn't so by way of the Frisco after hav-
ing purchased n ticket to Denver Upon |
redirect examination he gave his age |
as IS years. Witness stated he didn't |
remember IN what particular conversa-
ton he had were the remarks about Me |
Michael specific. In reference to the scar
pAi hiS ltdu Stdttu 1i1TleS LueDeT |
gave it to him during the preliminary ex-
animation of Mr.. Brown after he had |
testified. Was two days after the testi- |
mony that he was struck from the side.
Witness said it was in the night time |
when he was struck. Said they were /
standing talking when a man came up |
and struck him. The witness then said
he thought he woud be killed unless he
left town. Had decoyed him away all
day of the preliminary examination. Said |
a man came with news from the town |
The other men met him. They ap-
preached witness. one had Woodman
badge. Il belonged TO same order and
had confidence in them. While we were
talking l was knocked in the head
next found myself in a box car in Kan
sas with lot of tramps. The next thing
l knew l was in La Junta, Colo. where
L was under treatment of a physician" |
Witness gave vent to tears Again stated
he had been convicted for larceny in |
Georgia. The witness was turned over
to Colonel Johnson again. who asked
him where the hat was he wore when
strucy. Said he had sent two men In
the court room during the trial that he
thought kidnapped him. Witness then
described the men" who "decoyed" him.
The witness was then excused. He was
recalled and asked il he knew two men
named Bruce and Shelton.
Il M thompson was then called to the
stand Said he was a contractor and
knew Berry. Was in the Merchants sa-
loon last year and said he had a con-
tract with Mr.. Barber TO paint the ORR
ent saloon. Both went into the saloon
together Thompson went into the sa-
loon, but Berry stopped IA the door
Berry came in later. Thought Berry was
right behind him and missed him after
having reached the bar. Said Berry told
him ne had been talking To some parties
was not permitted to state who
called Berry out This conversation took
place ssverad days after the killing. Did
rot know how long il was.
Upon being cross examined he said he
saw MIR. Barber that day. bat didn't know
whether or not IL was in the afternoon.
Barber was sitting on a railing Wit
hess said Barber was not drunk
A. 7. Lowery was the next witness /
Said he was In the real estate business I
Remembers the occasion OF the killing. |
Said he saw the dead body of Johnson
II Eleventh and Walker On the morning
II the killing. Talked with Mr.. Brown
Witness was at the postofsiCe when he /
leard Of the killing Mr- Brown told
re that Mr. AcMichael had threatened 70
'iI him and had abused his brother and
hat he had prepared himself and went