The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1904-03-04
DEWEY DEFENSE CONTINUES.
WITNESSES SAY BERRYs CARRIED Pts
tolls AND THREATENED DEWEYs.
Charles Wilson, who Was With Dewey
June ,, Tells His Side Of the story
Attsmpt Made 70 Prove That
Berrys Fired First Shot


Berrys FIred First Shot
The trial Of Chauncey Dewey, W J.
Mcbride and Clyde Wilson, at Norton,
charged with the murder of Burch Der
" June 3, 1908, is dragging Its slow
length along. The testimony for the
prosecution closed more than week
ago, and since that time the defense
has labored vigorously and vigilantly to
see that nothing of importance to them,
in attempting to establish the innocence
of the accused, IS overlooked or passed
by.
As might be expected, all the evil
dence is intended to land hard blows
on the Berrys. Sheriff MCCULLOUGH, of
Cheyenne county, added his voice
against the plaintiffs; and an expert
gunsmith penetrated the ignorance of
the people with his knowledge of pistol
barrels, his testimony going TO show
that the revolver of Burch Berry was
used in the fight, was partly cleaned
and reloaded by some one who neglect
ed, in their haste, to clean the cylinder.
This point, connected with other testi-
mony that the Berrys shot first, forms
a link in the testimony which the de-
Tense so much desires to establish, even
though It may appear ever 50 improb-
able and unreasonable TO the common
mind and the common sense OfthOught-
full people.
Some Of the witnesses for the defense
have in part cOrrobOrated the states
witnesses. Last Wednesday afternoon,
a man by the name of Saulmon was
the first witness brought to the stand.
He now resides in Junction City, but
was formerly employed on the Dewey
ranch in 1902 and lived on what was
known as the Morgan place, a mile and
a half from Roy Berry's home.
He said that he had tracked a stray
COW belonging to Dewey to Roy Berry's
place. Berry ordered him to leave IN
der penalty of death, and adding that
if he ever met Chauncey Dewey one Of
them would die. Being cross examined
acknowledged his signature to a written
statement as to what he would testify to
for the state. The statement was not
made public.
A H. Trent, a 1iveryman of St.
Francis, testified that he had known
Daniel and Alpheus Berry to carry wea-
Pons. He said they had Winchester
rifles with them when they stopped at
his barn in St Francis in 1902. They
gave a Winchester to his hired man.
On another occasion the Shaffer boys
were with AlPheus Berry and the party
had three pistols, which were given to
the hired man TO put in the Office. John
Mace and Newton Hall, both of St.
Francis, testified that the Berrys went
armed. V Daley said that Daniel,
Burch and Beach Berry once stayed at
his place over night and were armed
They made threats against the Deweys.
They had petition they wanted Dali
ney to sign, but he refused. The Ber-
rvs told Dalney that if the petition did
not have the effect It was intended to
have, there wouldn't be a Dewey man
left on the ranch" Jerry Lyons, of
St. Francis, testified that Daniel Berry
came to town with pistols strapped to
him. Berry told him that he had to
carry a pistol to protect himself.
c. E. Burnham, ex-sherif of Chey-
enne county, testified that he went to
AlPheus Berry's place July s, 1902, with
an attachment. Several attorneys were
with him. Daniel Berry was there.
Burnham said that while he was driving
in the horses TO be taken under attach
ment proceedings, the Berry boys shot
at him. He reported this to the father,
who said that if his boys did the shoot
ing they supposed It was the Deweys
they were shooting at.
The prosecution objected to introduc-
ing this testimony as evidence. The
jury was excused for two hours while
the attorneys argued the point. Judge
Geiger sustained the objection.
The proceedings on Saturday began
with the examination of c. A. Kerns. a
Topeka expert gunsmith. He testified
that he could distinguish the kind OF
gun from which the bullet taken from
the body of Daniel Berry was fired -by
the groves in the bullet, caused bv the
rifle in the barrel of the gun. He said