The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-30
CASE MAY GO OVER.
Dewey Trial Is Set for Next
Monday.

Attorney General Coleman will go to
Kansas City, Kan, tomorrow to begin
his investigation of the evidence col
lected by the citizens committee in the
Doodle matters. The Wyandotte coun-
ty grand jury will be called together
next Monday to begin business, and MI
Coleman wishes to go over the evidence
secured thus far to see what ought to
be presented to the grand jury.
1t is said that some of the cases which
the citizens committee has been investi-
eating cannot be prosecuted because
the statute of limitations has run on
Them but some of the members of the
committee want the evidence to go to
the grand jury anyway and an ind1ct-
ment returned in order that the facts
may go before the public
The trial of Chauncey Dewey and his
employees. w. J. Mcbride and Clyde
Wilson, for the murder of the Berrys in
Cheyenne county, is also set for next
Monday, the same day that Mr.. Cole
man will have to begin his work before
the Wyandotte county grand jury. AS
the two places are more than four hum
dred miles apart and as Mr.. Coleman
can scarcely be in both places at once,
he will send Assistant Attorney General
Pestana to represent him at the Dewey
trial. =
Mr.. Coleman does not believe, how
ever, that the Dewey case will come to
trial next week He thinks the attor-
change of venue. 1t is said that the de
tense has been canvassing Cheyenne
county recently to ascertain If 1t is pos
sible to secure an unprejudiced jury in
that county. If such a jury cannot be
secured the interests of the defendants
would be to keep the case in that coun-
ty, as it could never come to trial so
long as an unprejudiced jury could not
be secured. If, however, jury can be
secured the interests of the defendants
would doubtless be to remove the case
to some other county where the public
feeling is not as intense against the de-
PENDANTS as it is in Cheyenne county.
q co not think the case will come to
trial next week. said Mr.. Coleman in
speaking OF the matter. Il am of the
opinion that the attorneys will ask
for a change of venue. believe they
have found that a jury can be i'm
panelled in the county Immediately
after the preliminary trial | suggested
to the county attorney and sheriff that
county to discontinue discussions of the
case. 1 told them to tell the people
that they would be offered plenty of
chances to express an opinion of the
selves for acting as jurors. 1t may be
that the people have refused to discuss
the affair and that jury of unDreju-
diced men can he found
eff the peweys and their attorneys
are satisfied that the jury cannot be
found l have no doubt they will ask
for a trial. However. I am of the
opinion that the things they have
learned in the county during the last
three or four months are not calculat-
ed to cause them to rush into a trial.
motion for a change of venue is
what 1 expect and then the case will
not be called for trial until the next
term of the court into which it is
transferred. A continuance can then
be asked for and the case will drag
along for several months. I will be in
Kansas City helping present Doodle
evidence to the grand jury when the
Dewey case is called. and I will send
Mr.. PeStana, an assistant attorney
general, to Cheyenne county,
Five cents will buy one of those 1oc
Bachelor cigars