The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-06-30

Mcbride is a cowboy by force of cir
cumstances, fits into the life. Dewey
| Is sort of cowboy by choice. The
| young millionaire is stout. smooth of
+! face, and has a light crop of hair.
When the men were arrested IN
| Cheyenne county. Dewey was wearing
| the conventional cowboy costume, as
| were the others. When he was brought
here he put on a business suit of me-
| dunn colored tweed. and if he were
| walking down Michigan avenue any
1 afternoon would not be conspicuous in
| half a hundred we'll dressed men. He
has naturally attracted attention here,
| and the amusing part Of 1T is that he
| is usually taken for his own attorney.
| Dewey is pleasant when approached,
| but has not talked with anybody here
| ten minutes at a time, unless it be his
| attorney. When he was asked if he
was glad to get here he replied that he
| was always glad to come to Topeka.
But" he added. Il am not going back
on the Northwest by saying 1 am glad
| to get away from there"
You don't appear worried"
Il am not exactly worried. I feel
| confident that we will be acquitted.
| All ask is that the public withhold
its opinion until both sides Of the case
! are presented. We are not afraid Of q
fair and impartial trial"
! The third members of the party
| charged with the killing Of the Berry
family is q young fellow called Clyde
/ Wilson. Wilson is the youngest of the
| trio and does not look as if he went
about killing men. When he got into
his store clothes-Dewey bought him
an outfit at the same time he bought
| McBrlde's corduroys-he appeared as
| tame as q Sunday school teacher His
new suit was of dark material. con-
| tanning the trace of a perpendicular
| stripe of white thread He did not
share McBride's aversion to a collar,
and wears one rather high IN the neck.
| Young Mr.. Wilson. is quite discreet.
| He has nothing at all to say.
! There is little sentiment in Topeka
either for or against the prisoners.
! This is neutral ground. The bitterness
| is all up in the Northwest And it
| seems foregone conclusion that the
| legal battle which will be brought on
| as a result of the Berry killing will be
| one OF the greatest ever fought in the
| West. The attorneys for the defense
mere nave little to say as to their prob
able line Of action, but the questions
| brought out at the preliminary hear
/ lngs at st. Francis are indicative of the
| fight that will be Waged and there is a
! strong belief among many of the resi-
| dents in that section that the young
millionaire will never go to the peni-
| tertiary for the crimes with which he
| is charged. The brief which has been
| filed in the supreme court here by
| Dewey's attorneys, in which they state
| that the killing was done in self -de-
| tense, is the first time the defense's
| side of the story has been told in any
| manner. 1t was expected by the set
! tiers and others who have watched the
| proceedings that self-defense would be
| the plea made by the Deweys.
DR.. Pegg's Testimony.
This was noticeably shown at the
preliminary hearing by the rigid cross
| examination through which many of
| the states witnesses were put by the
| defense. In one instance in particular,
| that of DR.. Pegg, the physician who
| was called to examine the bodies of the
| murdered men, was this shown. The
| defense closely questioned DR.. Pegg re-
| gard1ng the statement that the Berrys
had been shot down from behind. Dr.
Pegg is a relative Of the Berrys by
| marriage, and when on the stand he
stated that he believed the men were
shot down from behind by reason of
| the character Of the wounds. Upon be-
ing further questioned, however, he
said that he was not much of a judge
of gunshot wounds and that he did not
probe the wounds.
He did not know regarding the char
acter of a wound which would be made
by Winchester bullet, other than that
! it would be a very large one" His
| testimony will likely not be of much
! value at the trial, as he further ac-
| knoWledged that he viewed the bodies
| at night with the aid of lantern only.
! Another stumbling block for the
! state in the prosecution of the men will
| be to prove that the guns now in pos
| session of the sheriff are those which
| were used in the fight by Dewey Will
| son and Mcbride.
The officers did not take the weap-
! onS OF the men away from them for
| several days after the shooting, or I'M
| til the militia arrived at Colby. Then
the sheriff neglected to mark the weap-
| ons or to take the number of them. At
| the hearing Sheriff McCulluch swore
| that the guns looked like those carried
| by the men, but could not say posi-
! lively that they were the ones. Again,
| the state was not able to prove that the
| guns presented in court were the ones
which had been taken to Colby by
| Dewey and his men when they went
| there to meet the militia. The state
| could not show that these same guns
| had been carried back to the Dewey
ranch from Colby. At the Dewey
ranch they We're turned over to Can't.
! Cunningham, in charge of the militia.
and by him We're brought to St. Fran
els. One of the weapons had a leather
stock, and Deputy Robertson said that
| the gun Chauncey Dewey carried on
| his saddle the day they rode to Colby
| had leather stock, but he could not
| identify the weapon as being that Of
| the millionaire cattle king.
Another thing which will be in Dew
| ey's favor is the statement of Beach
Berry, on the stand, that when he and
| his brothers saw the Deweys ride into
| Alpheus Berry's place they armed
| themselves. On the other hand, the
| members of the coroner's jury and
| others who examined the bodies of the
| murdered men found that Birch Berry
was the only man who had a weapon
on him, and it was in his holster. 1t
| was several hours after the killing that
| the coroner's jury reached the scene.
and it is limited in some places that the