The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-16

Dl1C " o. 49, ACL~
and did not return until about Septem-
Der. At breakfast time Jun 3 1 was at
Daniel Berry's. Beach n Burch were
there. Alpheus and Lemuel Capron
to Alpheus' place in the morning at
tending some wire-cut colts. We went
back to Uncle Daniels for dinner. I'm
Gle Daniel remained at Alpheus'.
Mr.. Capron and Alpheus left for AL
pheus' home at about 1870 o'clock in a
road wagon. We-Burch, Beach and
myself-followed on horseback. We were
going to my place to trade for some
milch cows. Each of US had a revolver
in a holster. We went north. Alpheus
left the wagon and Capron drove Al
pheus had no gun or revolver Before
We left Uncle Daniels place we saw
eight or ten men driving to Alpheus
corral. When we got up near the house
we saw six or seven men in the corral.
1 recognized Will Mcbride. We rode
into the yard, tied our horses to a
wagon there and started across the
yard. We walked toward the tank. Nc
Bride was standing near the end of the
tank. Just as we were going across the
yard Chauncey Dewey rose up from be-
hind the sod wall and hot me there"
He turned the scar to the jury for its
examination.
Just before I was shot I saw Clyde
Wilson. When the shot struck me I
fell. In a few seconds I had my senses
back. I lay there a while and started
49, JA
side me-"
How far were you from the sod
wall when you were shot?"
Dewey was neal the south end of it
and about forty feet away"
did you see McBride?"
Not after he jumped over the tank"
Where did you crawl?"
Toward the south end of the house.
I had crawled thirty yards when they
fired two more shots at me. The balls
went through the edge of the broad
brim of my hat. 1 dropped as if dead
| was hen near the southwest corner
of the house. Beach came out of the
west door and told me to lie quiet.
Viola Berry went and got my horse.
l e. into the house, washed up, and
rode three and a half miles for treat
ment- I did not take my revolver from
its holster at any time and 1 made no
attempt to take it out"
How long before he shot did you see
Chauncey Dewey"
lone and a half seconds, I should
think"
h bullet perforated hat was shown.
Three holes were in the brim. One
near the crown, Berry said, was made
by the ball that wounded him. The
other two, he said, were made while
he was crawling. The hat was blood
stained where, he said, he had lain in
his own blood. The of the
jury passed The hat from one to the
other. Each one poked his little finger
through the largest of the three holes.
Juror Shelley put the hat on his head.
while those behind him in the jury
examined the holes. Then Mr.. Shelley
put the headpiece on the head of Juror
Darling and ran his inger along Mr..
Darling's cheek and ear to the hole
next to the sweatband.
Senator Hessin, for the defense, then
objected to he introduction of the hat
and asked that the jury be instructed
not to consider any of the testimony
REGARDING tho hat En n-orTOl +6n+ 49,
shooting of the holes in the hat had
nothing whatever to do with the death
of Rurchard B. Berry, for whose muir
der lie three defendants were on trial.
d Geiger sustained Senator Hes
sins motion and instructed the jury
not to consider anything in relation to
that except the hole hat was made
When Berry was wounded, as this shot
was fired before the one that killed
Burch.
when the first shot was fred"
about ten feet"
Did anybody tell you to stop or give
you any warning of any kind?'
No, sir. Dewey just rose up and
What became of your revolver?'
I rode to Capron'S, unbuckled my
belt and the revolver dropped on the
floor. I haven't seen it since. [ I'M
derstand that Mr.. Hotchkiss, the coun-
ty attorney, has it,"
He was cross-examined vigorously by
Mr.. Morlan, but the only material diff
ference between his testimony and tina
of Beach was thai Beach had said that
the Deweys to load the tank, while
Roy said they stopped there to put in
a new tank and to ASSIST the old man,
if he were in trouble. Roy also said
that from the m he had hitched
his horse to the wagon he had not seen
Daniel Berry, the father, and his son,
Alpheus. Beach had testified that he
practically never lost sight of them
from the very inception of the trouble
Roy was asked if he had ever been
arrested He replied that he had once
been placed under arrest and AXE to
the Dewey headquarters, where his pre-
liminary examination was held for dis
/ turbins the peace. He said he was
two weeks. One day the jailer allowed
him to go over the hill to see his wife
and he forgot to come back"
He lodged arrest for ten months,
when he gave himself up and the charge
was dismissed.
why were you afraid to go near the
Dewey headquarters ?" he was asked
saThey had made threats against me.
They said they didn't want me around
there and said they were going to run
me out of the country. They wanted
the range"
Did you, on your way to Alpheus',
that afternoon, say: Let's go on there
and scare hell out of them (the Dew
eys)?"
NO"
you bought your rifle on purpose
for the Deweys?"
YES. because they had been making
threats against u.s."
How long after the shooting did you
get back to the battle ground?"
Not until the next day."
when had you seen Chauncey Dew
ey hefore?" asked Mr.. Coleman.
when we lived in Rawlins county.
He ran us out of there"
Why did you buy your revoIvers and
rifes?r
Because Deweys had made threats
against us. They had been going
around armed before we bought our
guns"
When you shot-at what portion Of
the mud wall did you fre?"
.ToWard the south side of the she'd, .