The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-16
Her SAD STORY.
Widow of Alpheus Berry on the
Witness Stand. s.
-
Describes Battle and Killing in
Calm Manner.
THE BABY IN HER ARMS
Used Precaution in Venturing
to Care for the Dead.
Roy Berry Given an Exhaustive
Cross Examination.

Norton, Kan, Feb. 16.-In the Dewey
case this morning, Mrs. Alpheus Berry
again testified to substantially the
same as Beach and Roy Berry had.
That Dan Berry went out unarmed to
where the Deweys were and that after
Alpheus came home he left his coat in
the house and went out unarmed to
where his father was and the three
other Berrys rode up, hitched their
horses and soon after the firing began
and that she saw Roy Berry fall. The
defense tried to discredit her as a wit
ness but made a poo impression. j.
b. Brohead, joint keeper at St. Francis
testified that McBride said in his place
some time before that they would kill
the Berry boys. Much interest is being
aken and the prosecution seem to be
making a very strong case so far.
The testimony Monday afternoon in
the trial of Chauncey Dewey,
Clyde Wilson and William J..
Mcbride was of such char
acter that those in the rowde court
room were spellbOund. The only W.
witnesses of the afternoon were Roy
Berry, who was Inc in the cheek
IN the battle, and Mrs. Viola Berry,
widow of Alpheus Berry, whe~stood in
her doorway and said she saw her
kinsmen shot down. Mrs. Berry is slen-
DER ana a decided brunette
If what she said is true, she must
have lived years in that one day and
yet h told of finding the body of her
husband behind the mgd fence as
calmly and without any more emotion
man she had spoken about his home
coming only a few moments before. 1t
was late in the afternoon when Mrs.
Berry was called and when the court
adjourned for the night twilight had
come. AS h talked on, Mrs. Berry
n foil III 1-,1k -aa-E --Is-L 80 AEy@~
her head and finished her testimony
bareheaded. A single black mourning
bow was fixed in her hair.
In answer to questions regarding the
events that led up to the shooting, Mrs.
Berry told the same story as had, Beach
and Roy Berry. h said that she and
Uncle Daniel Berry and her three chill
dren had had Inner together at her
home, her husband being down at the
old mans for the midday meal.
After dinner two men came to the
door," she said, land knocked. I was
at b dinne table. 1 went to the
door,. Will Mcbride and another ma
were there. The other man I did not
recognize. 1 can't recall how Mcbride
was dressed, but I think he had on u
corduroy coat. He had a rifle in his
hand and 1 think he had a revolver
strapped to him. The other man Wa
also armed in the same way. Mcbride
asked if 1 knew where the boys were
and [ said, No, unless they are at the
other place He said, We have come
after the water tank and we intend to
take it. 1 told him to go and take
the tank He said to the others out
there, All right, boys Mcbride went
down through the yard. 1 saw several
other men down there. They seemed to
be shutting their arms about and tax
ing ain at imaginary objects.
Uncle Daniel finished his dinner and
went out into the yard. I stood in the
door. He went to the water tank on
its west side. They were talking and L
heard Mr.. Berry tell them to take the
tank. I kept watching them, thinking
that they would load the tank, but they
kept looking up the road to the south.
They did not move the AMI 1 went
back into the house to the dining
room.
Pretty soon Alpheus, my husband,
and Lemuel Capron drove up to the
gate. Alpheus came into the house,
laid his coat down and went out in the
ward. Capron was in the spring wagon
at the gate. L saw my husband go to
where my father was. The three boys,
Roy, Burchard Beach, came pretty
soon and tied their horses to the
I was standing in the east door
looking down the yard.
Roy, Burch and Beach were walk
ing down toward the tank when I saw
Bureh and Roy fall. 1 heard the re-
port of the rifles. Beach ran north
toward the barn. I ran into the house
y DI0l6Cl lily CIliQIeu. l. lOlu IuGlil To
lie down, as I was afraid they would
fire into the house. Beach came run
ming in. He passed through the room
where 1 was. His revolver was in his
right hand. He went to the east win
dow. One shot came through the win
dow glass.
After a while I went out to get
Beach's horse. Some one told me to go
into the house. 1t was such a gruff
voice that at first I could not under
stand The command was repeated. I
saw BuTch on the ground. I heard
grOanS and supposed they caIne from
Burch. 1 went back into the house. I
kept watch out of the windows to see
If they were leaving"
when you went out into the yard
We're you alone?"
Il carried the baby in my arms. be-
cause I thought they would not shoot
me if I had the child in my arms. It
must nave been an hour before they
left. I then went and looked over the
mud wall. I saw my husband and his
father lying dead, and a dead horse. l
also saw Burch lying there, dead. He
was on the west side of the wall.
Roy Berry was still alive. He had
crawled south of the house. 1 then
went and got Beach's horse and led it
around to the house. I went to. Roy
and called to him and asked if he need
ed any help to get into the house. He
got up unaSsiSted and came in. 1 got
him some water and he washed the
DiCO0 HUN AiS. ldCc- IFS lace was Gov
cred with Blood. I went out then and
got his horse and he rode away"
when the three boys hitched their
horses and walked down the yard did
any one of them draw any weappns?'
They did not. None of them made
any movement to draw a revolver"
when Roy came into the house
where was his revolver"
I'm his holster"
THAT is all for the present.
Roy Berry, who was called to the wit.
ness stand at 2 o'clock, also made {
good witness. He. however, admitted
that the reason he. Burch and Beacl
stopped at the home of Alpheus was be
cause the Deweys were there, and h
said they feared they might hurt the ols
man. Roy Berry's direct statement o
the trouble was:
st live in RaWlins county Kansas