The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-13
DARK FOR DEWEY.
Beech Berry Saw II i'm Rise from
Behind a Wall
Then Followed Three Shots
That Killed the Berrys.

Norton. Kan, Feb. 13.-Beech Ber-
~ was called on the stand in the Dew
ey case this morning. He lived at the
time of the shooting one and one-half
miles south of Aft Berry where the
shooting occurred. He and Burchard
and his cousin Roy went up to ALT
BerryS to doctor some horses. They
hitched their horses to a. wagon and
saw no one except Mcbride as they
rode up, who was talking with Daniel
P. and ALI Berry at water tank.
we rode into the yard and tied our
horses, then stared toward my father
and Alpheus. We had taken only few
steps when Chauncey Dewey rose from
behind~a sod wall and shot Roy, who
was ahead I was next and Burchard
followed. As we started toward the
yard Mcbride jumped behind the tank,
and shot Burchard Berry, while Wilson
shot at me from behind the wall and
missed. The three shots were not over
a second apart. ran behind the barn
with all three shooting at me. After
1 got behind the barn they kept shoot
! ing at the barn. I then ran into the
[ house. One shot struck me in the leg"
Did any of you draw a revolver
mo. After I got to the barn I drew
my revolver and as I ran toward the
| house [ fired. did not fire at any one
in particular, but just in the direction
of the three
The witness continued:
! Roy started to crawl toward the
4 house. They fired a couple of shots at
him. Both went through the rim of his
hat. He dropped as if dead. They
then quit shooting and rode away
Berry declared that Dewey and his
men had commenced firing on them
without warning and without a word
having been spoken between them.
Upon cross examination Berry de-
MED that he had been in prison in Coz
orado. He admitted that there had
! been i'll feeling between the Berrys and
| Deweys dating back to 1901 and that all
of the Berrys owned rifles and revol-
vers. Court adjourned till Monday
morning with Beech Berry still on the
stand being cross examined.
! When court convened Friday after
noon, Judge Geiger announced to those
in the crowded courtroom: 1T has
| been communicated to me that there
are witnesses here in town carrying fire
arms. These should be discarded. While
I have no reason to fear that anything
will come amiss from carrying them,
yet if they are put aside there is a GER
tainty that no harm will come. Put
them away. You don't need them We
have a different way of settling diff
culties in Norton county"
The first witness called was B. F.
Slater This was shortly after o'clock.
You will give your name" said the
attorney general, Mr.. Coleman.
"One moment" said Judge A. E. Har-
vey, one of the lawyers for the defense
testimony is submitted in this case, we
wish to object on the ground that the
information is seriously faulty
Judge Harvey then read twelve rea-
sons why the information, according to
| the several lawyers for the defense,
should be quashed. His contention was
| that the complaint did not charge the
| defendants with an assault upon Burch
B. Berry, in that it merely said that the
defendants killed. and murdered Berry,
but said nothing about the defendants
shooting Berry
For two hours the lawyers on both
sides argued for and against the in
/ formation. When the arguments were
finished Judge Geiger overruled the
motion to quash. The jury, which had
been sent out during the argument, was
| brought back into the room. Slater
who had sat patiently in the witness
chair all the time, was again asked his
| name. He gave it and said that he
lived in Junction City He said that
Dewey ranch.
where were you on the day that
Burch. Berry was killed."
'On the Dewey ranch"
| 'fWere the three defendants there?
yes. sir; I saw them all after din
ner. L had been in my territory.
was a rider. They left the ranch al
about 2 o'clock in the afternoon. They
were horseback. I and nine or ten 9TH
ers went along Those in the party
were Dewey, Frederick Dye. Mcbride
Clyde Wilson and others. They were
armed with guns. I think Mr.. Dewey
a gum think it was a Winchester
Wilson also had a gun, as did II
How many were armed?"
'AI of u.s.
"Were all on horseback"
mo; two were in a wagon"
Where did you go?"
I'VE went to the Berry place. I dom
know which Berry's. 1t was where the
did Chauncey Dewey go all the way
, with your"
HE did"
''And the other two defendants?"
THAT is ALL"
Thomas O'Neill, Charles Wilson, Pc
/ ter Dye, James Armentrout, ED Tue
, ker and "AI'' Winship, all cowboys o
the Dewey ranch, testified PRACTICAL!
! as did Slater. One said that all the
men had Winchester rifles excep
Chauncey Dewey, who carried a Savag,
rifle. They said that they were at thu
Berry place 20 or 80 minutes and tina
afterwards all returned to the rancl
I headquarters.
! ITO whom did the rifles belong? p
: Tucker was asked.H
I ITO Mr.. Dewey. He furnished US gu
: guns and ammunition"
The other witnesses said they Wer
not given extra cartridges the morninl
of June g. but got their ammunition
: supplies on the first of the month
when they drew their checks. None o
: the witnesses was asked any question
by the defense. They were not aske
what took place at the Berry place
because it was understood that thes
questions should be refrained from, Il
@ the interrogations and answers nigh
have a tendency to incriminate tn
f witnesses themselves. These same me-
Q are subpoenaed for the defense.
5 IrMn a cllIHInr