The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-06-23
IN SELF DEFENSE.
Senator Hessin Talks About the
Dewey Claims.
Won't Admit That Any of Men
Did Killing.
SAYS CASE is WEAK.
Makes Bold Assertions About
Record of Berrys.
Supreme Court Will Hear Evil
denee July 6.
SAYS CASE is WEAK.

The line of defense that will be made
in behalf of Chauncey Dewey and his
associates win be that whoever did the
shooting that killed the Berrys acted in
self-defense- Tt is not admitted that
either Dewey or Wilson or Mcbride, the
three who are under arrest, fired the
shots that were fatal. In fact, it is al
legged that the only one whom the Berrys
themselves claimed fired fatal shot is
Mcbride.
Not a particle of evidence was in
troduced in the preliminary against
Wilson saiQ Senator Hessin in dis
cussing the evidence. Roy Berry testf-
fed that he saw Dewey fire the shot
which struck him in the mouth Beach
Berry testified that Mcbride fired the
shot which killed his father, and he
says he also saw Wilson fire a shot
but it did not hit anybody. That IS
the substance of all their testimony as
to the shooting, so that there was no
positive evidence against Wilson. and
even taking Roy Berry's statement as
true there is no evidence against Chaun-
cey Dewey on the charge of murder
The Berrys were an all-round hard
! lot AlpheuS, one of those who were
killed, served a term in the penitentiary
for stealing cattle. and his father sent
him there by turning states evidence.
They were in a cattle stealing scrape
together and the old man turned state 5
evidence in order to escape and sent his
boy to the penitentiary. That's the kind
of an outfit they were. Roy was i'm
peached not long ago in a land Office
case.
we bought them out time or two,
but each time they went and got hold
of more land inside the Oak ranch and
tried to hold US up again. and we re-
fused to be held up. There was a herd
of about 125 fine bl0oded Hereford bulls
on the ranch. One day the Berrys sent
word that unless a certain thing was
done something would happen. It was
not done, and short time afterwards
nine of the finest of those bulls were
found dead, shot with rifle, and eleven
more were wounded. and two Of these
also died. That is the kind of men we
had to deal with in these Berrys
From this 1t would appear as though
the defense viii first compel the state
to prove that the parties under arrest
are the ones who fired the shots that
killed the Berrys. It viii also attempt
TO show that the Berrys were desperate te
and disreputable men, and that they
started the fracas, compelling the Dew
ev riders to act in self defense And
finally the defense will attempt to show
that the reputation of the Berrys for
truth and veracity is bad.
The defense will also doubtless have
some surprises to spring How much
/ OF this testimony VIII De introduced III
the hearing before the supreme court IS
not known.
Capt clad Hamilton who has been
agreed upon by Attorney General Cole
man and Senator Hessin as a special
commissioner of the supreme court TO
go to the scene of the tragedy and take
the testimony of witnesses there. to be
used in the hearing on the application
for bail in the supreme court. will prob
ably leave within a few days. and he
will be accompanied by James r. WieA
as stenographer. The supreme court
will give Captain Hamilton general in
structions as to the admission of testi-
mony and the ground to be covered in
the hearing
The court has instructed that the tes-
timony shall all be taken and tran
scribed in sufficient time for it to be
thoroughly gone over and digested at
the time of the hearing in the supreme
court on Monday, July s. In the mean
time the prisoners will remain in the
Shawnee county jail.