The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-02-26
AFFLICTED
WITH LOSS
OF MEMORY
Injury to His Head Causes
Indistinct Recollection>
BERRY FoRGETS THINGS
But Maintains He Has No
PeGured Himself.
BERRY F0RGETS THINGS

Oklahoma City, o. T.. Feb. 25.-The dis
trict court room was packed with peo-
pie when court convened at $50 o'clock
yesterday morning. the interest of the
public being focused upon the trial of
William Barry, or Joe NJ. Berry, on the
charge of perjury.
Elmer E. Brown, editor of the Times
Journal, was recalled and again exam
ined by Mr.. Chambers. Asked whether
he employed and paid Colonel Johnson
for taking an interest in the prosecution
of Barry, Brown replied in the negative.
He was asked who paid Witness Zurber
for testifying in the preliminary, but
the objections to this and other similar
questions were sustained by the court.
Colonel Johnson then took the witness
and, reminding him that he had testified
to going TO the lots in Woodlawn on
the morning of the tragedy, asked wit
ness what was his purpose in going there.
Brown replied that he was preparing TO
build on the lots himself and brother
had secured there and went there to ar
range for Mr.. Lee the contractor, TO
get workmen to dig the trenches for the
foundation.
Answering question as to why he
took a pistol there that morning, wit
ness replied that McMichael had threat
ened to kill himself and brother If they
continued the building operations. The
day prior to the tragedy McMichael had
come down to where they were at work,
hOeing AROUND some trees at about dusk.
and in the most violent manner ordered
them off the place and threatened TO kill
them, and saying he had a notion to kill
them then, saying il they continued to
work there he would not permit it; that
he would permit no one to build on the
place.
Asked what additional reason he had
for going up there that morning armed.
the witness replied: Because my brother
stated that he had threatened to kill
him the day before"
The witness then detailed his meeting
with E. w. Johnston on the morning of
the tragedy and related that a bull had
broken through a fence of the McMichael
place and got into some oats on the
Woodlawn tract and that Johnston led
the bull away; that he took the bull
to house near by. but, finding no one
al home, said he believed he would take
it 70 Mr.. Days place
The witness was then questioned about
the shooting that occurred at the Day
place, and said McMichael approached
at Eleventh street. Witness was the
first to see him and said: There comes
McMichael." AIR. Day was engaged in
washing out water barrel Johnston
walked out about forty or fifty feet to
meet McMichael Both stopped at the
same time and were then about six feet
apart. Johnston had his hands down
by his side Witness saw McMichael's
hand go up as if drawing a gun. His
.,,rl.X nd fIn nta-
believed he threw out the other elbow
Witness could see only half of his body.
Johnston being partly between them. AS
McMichael drew his revolver the witness
saw Johnston lift his hand and McMi-
chael shot, Johnston partly falling.
The witness then entered into an elab-
crate account of the affair.
other witnesses We're examined to show
Berys record and to show Mr. Browns
interests in the lots and his whereabouts
May 2S and 20.
The most sensational portion of the
days proceedings was that which fol-
lowed when Joe NJ Berry. alias William
Barry. was placed on the stand. Berry
repeated the story with which he star
tied the public during the Brown prelim-
mary with the same indefiniteness as TO
dates and vital particulars. maintaining
that he had had four interviews with
Elmer E. Brown prior to and regarding
the killing of w. T. McMichael. When
the witness made frequent statements
that his memory was confused, and At
torney Chambers asked him to explain
why. he said it was because of an injury
TO his head. received from blow at the
time of the preliminary hearing of +. E.
Brown. and exhibited the scar OF the
wound to the jury. He tenaciously held
to his statements that he had had the
interviews with Brown relative to putting
McMichael out of the way.
Berry got along swimminsly until he
was turned over to the prosecution and
the first question Colonel Johnson asked
him proved his Waterloo. 1t was:
What is your true name?"
The attorneys for the defense at first
objected. but after being over-ruled, with
drew their objections.
The defendant WINGED. hemmed and
hawed and finally asked for a repetition