The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1903-07-10
DECISION ON BAIL THIS WEEK.
Hearing of Dewey Habeas Corpus
Arguments Tuesday.
Attorney General Coleman Makes Able
Argument for the State-Hessin Hangs
His Plea Upon the Peg That Berrys
Were Desperate Characters.


whether or not Chauucey Dewey, W. j.
Mcbride 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 we're presented
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 Coleman, 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 - hours IN which
to file summary Of the evidence.
Mr.. Harvey opened the argument at
8 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 sdiudging the defendants
guilty before they had had their trial.
Attorney General Coleman followed
Mr.. Harvey with a very able speech
against the granting Of bail. He said in
part:
"a state of armed instruction was in
stituted out there 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 ey-
idence leads one to believe that it was
the intention of the owners of that 40,
600 acre ranch to re-establish the condi-
tions which existed in western Kansas
in the late sixties or early seventies"
Considering the question of whether
the offense was a murder committed
with reconciliation, Mr.. Coleman said:
1T should be remembered that the
Berrys did not fire a single shot until
three of their family were dead, and
then one shot was fred which killed a
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 those
two.
Mr.. Coleman summarized his argu-
ment as follows:
First-That the DeWeys habitually
went armed; that they were apparently
trying to establish "little dukedom, a
little feudal lordship, with Dewey for
sovereign"
Second-The Deweys went to get the
tank with a force OF IL men, when two
would have been sufficient.
Third-That the Dewey force were
concealed behind a sod wall, and stayed
there, fully armed, for half an hour, ap-
parentIy waiting for the Berrys to come
up.
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 a fence right through
the Berry house; that Dewey had guard
ed a we'll to prevent the Berrys from
getting water; that Roy was shot a
twice while he was wounded and crawl
ing away; and that both Alpheus and
Birch Berry were shot in the back of tht
head, the bullet coming out at theiI
chin.
7, raDI,, n Fbeza arot1n,arts Canato
Hessin told of the threats which tn
Berrys had made against the Deweys il
regard to taking away the tank whicl
had been bought. He claimed tina
Beach, Birch and Roy Berry remainei
in the neighborhood over night for a
other purpose, apparently, than to pre-
vent the DeWeys from taking away tn
tank which they had bought. He claim
ed that the evidence showed that tn
Dewey forces were not concealed, blu
stood in plain sight around the tank
from which they were busy letting on
the water when the Berrys came uI
armed. He reminded the court that u
evidence on behalf Of the defense ha
been introduced, and that the court wa
simply taking the word of Beach an
Roy for the incidents OF the killing.
81 am willing to admit that a state o
feud existed in that locality" said Nj
Hessin, "but 1 claim that it was tn
anti-Dewey forces which first arme'
themselves and came to the Dewe
ranch and made demands on the Dew
eys. They wanted the Deweys to with
draw certain warrants legally issued 70
the arrest Of the Berry boys. viii aC
NIT that there was certain to be elias
between the hostile factions sooner {
later, but there was nothing to indicat
when it would come When it did con
It was unexpected and unpremeditate
If We had been allowed 70 intrOdue
testimony to show the character Of Il
Berry family, it might appear to Il
court Why the DeEeys were unwilliE
that the BsrTys should draw water o.
Of that we'll
Mr.. Hessin then made a new point
regard to the application for bail. I
said:
at IS ven known that capital punis