The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-02-28
TERRITORY
FINISHED
EVIDENCE:
Berry Perjury Trial Is Nearing
an End.
WAS DAY OF SURPRISES
Defense Wants Time to Get
Few More Witnesses.
WAS DAY OF SURPRISES

| Oklahoma City, o. T., Feb. 2s.-Yester-
day was day of surprises and sensations
in the trial of Joe NJ. Berry for perjury,
and, as on the previous day, the trend
was not markedly unfavorable to the de-
fendant. Thed istrict court room was
filed with spectators throughout the day
and there was no tagging of interest.
County Attorney Ramer was the first
witness. He said he had what is supposed
to be the copy of a c;leek from j. w.
Shartel to Charles Zueber. Said he didn' t
know who was employing Col. Johnson
TO prosecute the case. Witness was ex-
cused.
E. NJ. Hurry was the second witness
Said as clerk of the probate court he ap-
peared before the grand jury in the case
of Mr.. Brown and took certain bullets to
the jury. Jury returned the bullets to
him. Witness then presented the bullets
to the stenographer and was excused.
The next witness called was Judge j. p
Allen. He was not present when called.
but the attorneys for the defense insisted
On using him at this particular time. The
attorneys then decided not to use Judge
Allen.
AT this time Attorney Chambers was
handed a note which he read and pro-
noCnced anonymous. Mr.. Jones stated
that the note was handed to him by
man whom he did not know
Shirley Dyer, deputy sheriff was told
to take the stand. Stated he did not
44I-
after he was killed or from Mr.. Brown.
Was present at the preliminary examina-
ton where he saw the revolvers and
thought he could tell them now. Was
handed gun and asked whether it was
the one used by Mr.. Brown but was not
permitted to answer. He was handed
another gun and said he did not know
that it was the one owned by Mr.. John
ston. Witness said he examined one or
two of the shells in the two guns and
the make; did not examine the ball taken
from the body of McMichael. Remern-
bered in testifying in the Brown prelimi-
nary
Judge J. P. Allen testified that the bull
lets and cartridges presented at the pre-
liminar ytrial of E. E. Brown could not
shown a bullet he said it resembled the
bullet which was represented to have
been taken from the ody of W. T. Nc
Michael
When the court sustained an objection
to witness answering question Mr.
Chambers asserted that the bullets had
been changed.
Judge Allen said he had made a cross
mark upon one of the bullets.
Don't you KNOW" asked Mr.. Chambers
that the bullet so marked was the bull
let taken out of McMichael's body?"
Il don't remember replied the judge.
Shown envelope marked exhibit C wit
ness was asked if he had written the en-
dorsement on same and replied in the
affirmative.
I. E. Chambers testified he was present
at the preliminary examination. He re-
nembered the introduction of the bullets
Remembered Judge Allen putting certain
bullets in certain envelopes and sealing
them up. He continued:
Il remember particularly Judge Allen
placed the bullets in an envelope and that
he made the endorsements as to which
guns the bullets came from. We were
very particular to have Judge Allen put
these bullets in particular envelopes and
mark them specially as to where they
came from. 1 do not remember whether
these are the same envelopes or not. I
saw him write them. ] have never seen
the bullets from the time Judge Allen
put them in the envelopes. l would not
be able to identify to which each of the
l,1la haIO ND u-hf hull
from the gun purporting to belong to Mr.
Brown"
Are the bullets that are in the en-
velopes there now as they were placed
by Judge Allen?" asked Mr.. Reavis.
mo, sir" replied Mr.. Chambers.
What changes. II any. are there?"
''The same bullet is not in the brown
envelope as endorsed by Judge Allen as