The Topeka state journal., 1903-06-17
ONLY ONE BERRY ARMED
Member of COrOner's Jury Tes-
titles at st. Francis.

Lincoln Neb., June IA special to
the star from St. Francis. Kas., says:
The same curious crowds were on
hand this morning when the sec
ond day Of the preliminary hearing of
Chauncey Dewey, w. J. Mcbride and
Clyde Wilson. charged with the Berry
murders began. The same precautions
We're taken as yesterday and no one en-
tered the court house who was not
searched. The militia guards were in
the same place as yesterday and Al
though everything has been quiet the
authorities are taking every precaution
To avoid any possible trouble.
The cowboys of the Dewey ranch,
Ed Tucker and Al Winschip who were
sent to jail yesterday for refusal to
answer questions are still in prison.
Thus far no witness has testified to
show that more than the prisoners were
sri the party and if the Dewey cowboys
still persist in their refusal to testify
they may yet escape the arrests with
which they have been threatened until
some evidence develops.
The first witness called today was
f. N. Phillips. a member -of the cor
oners jury which examined the bodies
of the Berrys. He said that of the
dead. Birch was the only one armed
and that when the body was examined
his gun was found in its holster. ON
the bodies of Daniel and Alpheus Berry
no weapons were found. Senator Hes
sin cross-eXamined the witness but it
developed nothing new. NJ. p. Week.
who visited the Berry home immediate
ly after the shooting was next called.
Attorney General Coleman questioned
him. He confirmed the former witness
that Birch Berrys weapon had not been
taken from its holster and that no
weapons had been found on the others.
His Gross examination was brief and
nothing new was developed. County
Attorney T. n. HotchlEss who was
a rfF st-ft Ela
home and corroborated the testimony
of the other witnesses as to the finding
Of no weapons on the dead bodies. He
was cross examined at length but notn-
Ing new was developed The entire
morning developed little new testimony
and passed very slowly.
TUESDAY 'AFTERNOON SESSION.
ST Francis Kan, June 17.-With a
guard of score of soldiers, who with
fixed ba ayOnets sat between them and
curious public, Chauncey Dewey. the
young millionaire cattle king and his
companions, A. j. Mcbride and Clyde
Wilson, faced Justice l. $. Hall for a
preliminary hearing on the charge of
triple murder. The day passed without
disturbances of any kind. although the
hearing was not without its sensations
Roy Berry. still suffering from the
wounds he had received i'm the terrible
battle at his home. was brought into
court on a cot The cot was placed in
front Of the court and he told his story.
lt differed but little from the story of
his cousin who had preceded him on the
stand. He accused Chauncey Dewey of
Shooting him down. He said that not
word was spoken on either side. and
added. After I had taken probably
half "a dozen steps from where 1 tied
my horse. ChaunCey Dewey raised up
from behind the mud wall and fired at
me. ] fell and that's all / know. After
while / came TO and started to era WI
90 the road. when two shots were fired.
both Of which went through my hat. I
then lay still until the Deweys had
gone"
Here the hat. buliet-riddled and blood
stained, was offered as evidence. Cross
examined he admitted having had some
trouble with the Deweys and said that
Jhauncey had "Once threatened to take
shot at him. He denied having
cursed The Deweys the day before tha
killing and said that no guns had been
drawn by them in the fight Beyond
this the crcss-eXamination elected bus
little.
Mrs Alpheus Berry. the widow of one
Of the DeWeys' victims. was the next
30 testify She had her youngest child
on her lap while testifying and
aroused much sympathy She told of
the Deweys coming to the place and
said Mcbride asked Where are the
hoys?" on being told they were not
at nome she said the visitors returned
20 the water tank and soon afterwards
ler husband came. The killings fol-
owed. but she was in the house and
did not see the affIay. She was not
,ross-examined.
DIR. G.. A. Pagg of Bird City. who
examined the bodies of the murdered
men, and L. L. Capron. Geo. Schaeffer