The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-15
BERRYS ON THE STAND.
Declare They Are Peaceful Men
and Never Garry GUNS.

Norton, Kan, March 15.-The time of
court Monday was taken up with the
rebuttal on the part of the state and
the evidence was nearly completed when
acute attack of sickness. Court was
adjourned until Wednesday.
Monday was a great day for the state
in the Dewey murder case. The Gibraltar
which had been reared for the defense
by their Witness 0. A. Kerns. which
they thought invulnerable and behind
which they We're resting in supposed
security. has been bombarded with
some effect by the state.
In behalf of the defendants o. A.
Kerns had testified that the shells
found in the revolver of Burckard
Berry possessed stains which evidenced
that the revolver had been reloaded
Immediately after it had been fired.
For the purpose of exploding this the
DRY, c. F Butler, a farmer of Thomas
county, who claimed to have expert
mental knowledge in the use of a gun,
was placed on the stand in the morn
ing.
He testified that he had placed clean
shells in a clean gun about two weeks
ago and that he put it in his inside
vest pocket when he carried it in the
daytime. and at nighttime kept it on
the sill of an open window in his bed
room. He said by this treatment the
shells were given the same stains and
conditions which were found upon the
shells taken from the gun on Burchard
Berry. A very earnest, and at times
acrid discussion was INDUCED in be-
tween Senator Hessin and General
Colby over objections made by the for
ner as to the reliability of the evidence
introducing the experiments and OBJ
servations made with the gun shells.
The state will fOrcibly claim in the
light Of this evidence that the cOndi-
lions of the Burch Berry shells were
produced by the moisture gathered
from living his hOdN donrS until
midnight
Butler also testified that the battered
ball taken from the person of Daniel
Berry was from a Savage rifle and fur
Their said in support of this statement
that a Winchester 1920 ball weighs 16(
grains and a Savage ball weighs 1St
grains, and that the butt end of Say
age ball is square while the butt end OF
a Winchester ball is round. He sale
that a Savage bali has corrugations OF
It, but a Winchester ball is smooth.
He also said that this battered bal
weighed Use grains and otherwise bore
al the evidence of being Savage riff,
bali This ball, together with undis
charged Savage and Winchester balls
was placed in evidence and given to tn
jury for inspection. o. A. Harms ha,
testified that the battered ball. takel
from Daniel Berry's body. was a Win
chester 5000 ball, and gave what seem
ed to be very lucid reasons for knowing
It to be a Winchester ball.
The object of this testimony was t
establish that Chauncey Dewey coul
not have killed Daniel Berry, as by al
the evidence he was the only man VIII
had Savage gun.
Butler said he helped turn over tn
dead horse found at Alpheus Berry's tn
night of the inquest when he found un
der it two discharged Winchester shells
They bore the same stains as thos
found on Burchard Berry's shells.
H. L. Moon of Rawlins county said h
was at the sale at Eugene Sclater's,
November, and that Beach Berry wa
not there. He said he was with Ro
there all day and did not hear any c
the Berrys say, What they wanted wer
shells to shoot Dewey ducks with a
testified to by Newton Hail. The latte
had testified that he saw Alpheus Berr
firing weapons and said he knew it wa
Alpheus because he had the asthma.
was established by three witnesses this
Burchard Berry was the one who we
thus afflicted.
The state also produced four or fiv
witnesses who testified that Ro,
Beach and Alpheus Berry were abou
twelve miles from Alpheus Berry's q