The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-07
CASE is CLOSED.
Hearing Of Dewey Habeas Corpus
Case Ends.
Now in the Hands Of Supreme
Court Judges.
DECISION THIS WEEK.
Question of Bail Will Be Settled
at Once.
DECISION THIS WEEK.
Attorney for the Ranchmen AID
mits That Feud Exists.

It is expected that on or before Satur-
day the supreme court will decide wheth-
er or not Chauneey Dewey, W. 1. Nc
Bride and Clyde Wilson, the alleged
murderers of three members of the
Berry family will be allowed to give
bail for their appearance at their trial
The arguments pro and con were pre-
scented to the court Monday afternoon
A. E. Harvey of Lincoln, Neb., and
John E. Hessin of Manhattan, repre-
scented the petitioners. and Attorney
General Coleman spoke for the state
Colonel Colby. who is also associated in
the prosecution, was not present. Each
side was given one hour to speak, and
the court notified the attorneys that
they would be allowed As hours in which
to file a summary of the evidence.
Mr.. Harvey opened the argument at
O'Clock Monday afternoon. He cited
several decisions to show that bail
should be allowed in cases such as the
one under consideration He held that
If the court should refuse bail. it would
be equivalent to adjudging the defend
ants guilty before they had had their
trial
Mr.. Harvey with a very able speech
against the granting of bail He said
in part:
instituted ont tnere IN the northwest
corner of the state by the Deweys. 1t
had never been the custom of the peo-
pie there to go armed until the Dewey
riders established the custom. The ev-
idence leads one to believe that it was
the intention of the owners of that
40 900 acre ranch to re-establish the
conditions which existed in western
Kansas in the late sixties or early sew
enties.''
Considering the question of whether
the cssense was a murder committed
with generalization, Mr.. Coleman said:
1T should be remembered that this
Berrys did not fire a single shot until
three of their family were dead, and
then enc shot was fired which killed n
horse" Mr.. Coleman admitted that
Roy Beach and Birch Berry abused
Winship and Lebow, the Dewey men,
but cited the fact that it was Daniel
Berry and Alpheus Berry who were the
first to fall, and that the Dewey people
had no reason to feel injured by thos.
two
Mr.. Coleman summarized his argu>
ment as follows:
First-That the Deweys habitually
went armed; that they apparently
trying to establish little dukedom.
a little feudal loroship, with Dewey for
sovereign"
Second-The Deweys went to get the
tank with a force of II men, when two
would have been sufficient.
Third-That the Dewey force were
concealed behind a stone wall and
stayed there, fully armed, for half al
hour. apparently waiting for the Ber-
rvs to come NO.
FOurth-That this armed force first
went to the house and demanded to see
the Berry boys.
Fifth-As an evidence of malice
against the Berrys, it was cited that
Dewey had built fence right through
the Berry house; that Dewey had guard
ed a well to prevent the Berrys from
getting water; that Roy was shot at
twice while he was wounded and crawl
ing away: and that both Alpheus and
Burch Berry were shot in the back of
the head, the bullet coming out at their
chin.
In reply to these arguments. Senator
Hessn told of the threats which the
Berrys had made against the Deweys in
regard to taking away the tank which
had been bought. He claimed that
Beach, Burch and Roy Berry remained
in the neighborhood over night for no
other purpose. apparently. than to pre-
vent the Deweys from taking away the
tank which they had bought. He claim
ed that the evidence showed that the
Dewey forces were not concealed. but
stood in plain sight around the tank,
from which they were busy letting out
the water when the Berrys came up,
armed. He reminded the court that no
evidence on behalf of the defense had
been introduced and that the court was
simply taking the word of Beach and
Roy for the incidents of the killing.
Il am willing to admit that a state of
feud existed in that locality" said Mr..
Hessin, but l claim that II was the
anti-Dewey forces which first armed
themselves and came to the Dewey