The Goodland republic., 1904-02-26
DEWEY BEFEESE MADE PUBLIC
FOB TIE RIRsT TWK, ATTORNEY HEs-
SIN STATES THE DEWEY VERSION.
Differs From Prosecutions Statement and
says That the Berrys shot First In the
Fight-PreviOus History Reeited
Intended to Bear on Case.

The prosecution in the trial of
Chauncey Dewey, ". J.. Mcbride and
Clyde Wilson for the killing Of Burch
Berry June 3, rested last Thursday,
and the statement of the defense began
the FOLLOWING day.
When court convened Friday morn
ing at o'clock Judge Geiger Overruled
the motion to discharge Clyde Wilson,
so his fate must be decided by the jury.
The motion to discharge Wilson was
made by the defense upon the grounds
that the testimony for the prosecution
did not warrant holding him; that no
evidence had been produced connecting
him with shooting the Berrys, and
therefore because he was merely present
at the killing was no indication that he
should be held for murder.
Senator Hessin then filed another
motion for the discharge of ChaunCey
Dewey. This was also overruIed. He
then filed third motion asking for the
discharge of all three prisoners on the
ground that the original documents in
the case spoke Of ''Burch" Berry when
his name was ''Burchard' and that ne
was not commonly known as ''Burch. -
1t was overruled.
The defendants contention OF what
occurred after the Deweys arrived at
the Berrys home differed from the ac-
count of the Berry family. The Princi-
pal feature was that instead of Dewey
and his men sohoting the Berrys with
out warning, there was a fierce fight,
in which the Berry's fired the first shot.
As the Dewey version of the tragedy
has never before been given out in an
official way until the inning for the de-
fense, the statement of Senator Hessin
is here printed:
The defense intends TO show that
Chauncey Dewey is IS years of age.
Three years ago he came from the
University Of Manhattan and then was
sent by his father to the Dewey ranch.
He was without experience. After he
went . the Dewey ranch he was a
quiet and law-abiding citizen. The
testimony will show that Clyde Wilson,
26 years old, was Dewey's bOOkkeeper.
He lived at Salina. When the Spanish
war broke out he entered the Twentieth
Kansas regiment and is now suffering
from a wound in the knee William
Mcbride was a member of the Six
-teenth United States artillery, and his
captain, Captain Vandusen, is here to
testify that he was an excellent soldier.
Lieutenant PTunty, another of his
officers, IS here to testify as to his excel
lent record as a soldier. There never
was any serious trouble between the
Deweys and Berrys prior to April, 1902
''The Dewey ranch headquarters
were on a creek. Daniel Berry lived
a mile and One-half east. The sur
rounding land was owned by c. P.
Dewey. His farmers in that April went
upon the Dewey land to SOW it in
barley. The BeTrys had no claim upon
the land Beach Berry ordered them
TO get of and according to orders they
quietly went away. That same day
Burch Berry with a gun drove Chauncey
Dewey and Mcbride from this same
land. The courts granted an iniunc-
ton to restrain the Berrys from that
land and to prevent them interfering
with the Deweys- Notwithstanding the
injunction four of our men were attack
ed and driven away by the Berrys. Roy
Berry was arrested for disturbing the
peace.
Beach and Burch assaulted others of