davidaulloa/AmericanStories huggingface dataset:
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
FIRED FIRST SHOT
Attorney for the Defense Out
lines His Policy.
BERRYS WERE AGGRESSORS
Revolver Was Cleaned and Re-
loaded Since the Battle.

Norton, Kan, Feb. Estate Senator
Hessin. attorney for Chauncey Dewey
and his two cowboys. Mcbride and Viii
son. today told the defendants side of
On June 8. last. when three members of
the Berry family were shot down. and
began the introduction of evidence, the
defense's first witness being General
Wilder s. Metcalf. former major of the
Twentieth Kansas Volunteers and now
pension agent al Topeka. Previously
Judge Geiger had overruled a motion,
made yesterday, to discharge Wilson,
who, it was developed. had served gal
lantly under Metcalf through the Span
ish war.
He also overruled separate motions for
the discharge of Dewey and Mcbride
made at the opening of court today
Senator Hessin. in his narrative of the
battle, asserted that the Berrys had fired
the first shot. 1t would be shown, he
said that on the day of the fight Dewey,
Mcbride and Wilson had gone to the
Berry place to take away a water tank.
They had been told of three Berry boys
entering the yard at this point and wait
ing across the yard with their hands
upon their revolvers. Chauncey Dewey
had called out to them to stop where
they were, when the three Berrys drew
their revoIvers and fired. Then as
serted Attorney Hessin, Our men fired.
and not until then. Our men acted in
self defense and for their own lives.
Ag oh
once. emptied his revolver. We will show
that the revolver Burch Berry carried
was not only replaced in its holster after
his death, but we will make it plain that
it was reloaded and that the barrel was
cleaned but whoever cleaned the barrel
forgot to clean the chambers and it now
shows evidence of the gunpowder from its
discharge on that fatal day
The prosecuting attorney of Crawford
county. testifying for The state. had SAID
that he found Burch Berry's revolver
clean and full of cartridges after the
fight.
The taking of testimony for the defense
was then begun, and General Metcalf,
Colonel Edward c. little. of the Twenti-
eth Kansas and Captain Clad Hamilton.
WHO Hdu iouSiiI VIII ''
as to that defendants good character and
bravery in war. c. w. Birch of Sallna-
brother of Justice Birch Of the state
supreme court, also testified as to WI
sons good character.
During the trial of Chauncey Dewey
and his two cowboys. Wilson and Nc
Bride today, the sheriff of Norton county
| arrested seven other Dewey cowboys who
were with Dewey on the day the shoot
ing of the Berrys occurred and who are
| in town as witnesses for the defense.
| The men arrested were: Thomas ONeil.
! Chas. Wilson. Ben Slater, Edward Tucker,
= Albert Winship, James Armentrout and
/ Fred DYE. Each was served with three
} Justice warrants from Cheyenne county
/ for the killing Of Buch Berry, Daniel
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
PAVING Resolution.

Be il Resolved by the Mayor and Council
men of the City of Wichita:
That. whereas a petition signed by the
residents of the city of Wichita. Sedg-
wick county, Kansas. who are owners OF
property upon William street in said city
and who own more than so per cent of
the front feet abutting on the portion or
said street to be improved belonging to
residents of the city OF Wichita, more spe-
officially hereinafter described, has been
presented to this council and by it ordered
spread upon the journal asking that
portion of said street hereinafter fully
described, be paved
Now. therefore, . be it resolved, that 1t
is necessary to pave William street In
the said city from the east side OF Mar
ket street TO the east side of lots l. ana
IA, in Fifth avenue. in n. a. EnSlish's adj
dition 10 Wichita with the necessary
curbs SO as to make the roadway of said
street 40 feet wide, from Market to Law
renee. and 46 feet wide from Lawrence
to east end of proposed pavement; said
curb to be made of good cement accord
ing TO specifications to be furnished by
the city engineer and said street to De
paved with vitrified brick of the best quail
ity. said brick must stand the standard
test and said brick to be laid upon a ny
draulic cement concrete base of not less
than six 90 inches in thickness, upon
which shall be spread ~ to inches of
sand. upon which the brick must be set
on edge, end to end in straight courses,
with the best side up, all of said work
to be constructed according to plans and
specifications to be furnished by the city
engineer; said pavement not to cost to ex-
coed s1.65 per square yard; all of said
work to be constructed as soon as can
conveniently be done.
Resolution passed by the city council
February l. 1904
SO-6t. ]. l.. LELAND, City Clerk.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
CAN'T FORCE A PARDON.
Missouri Would Hang a Man Serving
in Kansas Penitentiary.

Topeka, Kan. Feb. l9.-Goveruor Bailey
has received word from Missouri officials
Viii were expected today with requisition
papers for William Rudolph, an inmate
of The Kansas penitentiary, that they
would not arrive until Monday. Rudolph
is said to be a Missouri murderer but is
serving time for an offense committed IN
Kansas. Governor Bailey is asked to
pardon Rudolph so that he may be taken
to Missouri and tried for murder where
il found guilty he will be hanged. Gov
ernor Bailey doubts his power to compel
Rudolph to accept a pardon. even II
granted.
1t is stated that the Washington SUI
preme court has passed on a similar case
to the effect that the prisoner need not
accept a pardon unless he so desired.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
PROPOSALS,

Lansing, Kansas. January IS, 1904.
Notice is hereby given that sealed pro-
posals will be received by the board Of
directors of the Kansas State peniten-
tiary, at the Office of the warden until
u O'Clock (noon) Tuesday April >, 1904.
for the letting and hiring Of the labor
of fifty convicts for the term of six
years beginning May ), 1904, Each bid
must be accompa MED by bond for five
thousand dollars G5,O0OOO) TO be forfeited
to the state in case the successful bidder
fails to enter into contract and give bond
for the faithful performance of the same
within thirty days after the contract IS
awarded The directors reservins the
right TO reject any and all bids. All in
formation desired may be obtained by
applying to the warden, Z. 3. Jewett.
Lansing, Kansas. MARK TULLEY,
w. II. HASKELL,
c. /. KING
b4-60t Directors.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
At the ToIer.

Thirty High Glass Colored Artists VIII
be the orde rof things at the Auditorium
Tuesday. February %. The managers
Hathaway & Bakers Nashville Students
and z. G.. Lowry's Famous Colored Band
says this would be better title for the
present company than any other name
they could appropriate Classic music.
artistic specialties. plantation pastimes,
and up-to-date negro comedy produced by
thirty specially selected colored people.
many of them noted celebrities. constitute
this company 1t is said this is the
strongest colored organization of any kind
on the road and the only one that VIII
appear here again this season. Prices
only 14c. 25c. &c. soc.
This IS the best colored organization
on the road and to accommodate the
colored four hundred one half of the
house has been reserved for them.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20

American Sculptors and Their Art-Mrs.
Edward Robertson.
Paper: The French fntervention-Mrs.
II. w Darling.
Evolution Of Industrial Soclety-Miss
Fuller.
Reading: 4 White Umbrella in Mexico
Mrs. J. C. Brown.
Music-Mrs Darling
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
PILES! PILES!
soo Names for reference.

see the papers full of ads of pile
salves and medicine to cure piles Now,
while | have no money to throw away,
yet | will give one hundred dollars 10
anyone who VIII cure a case OF pies win
any of the advertised medicine.
l will also give one hundred dollars for
a case of piles / cannot cure, and with
out knife or ligature or caustic, and you
need not pay me dollar until the cure
is completed No deposits asked. Come
and be cured; pay when you can.
DR.. CLEVELAND, Anthony. Kan.
VIII be at the Baltimore Hotel, Wichita.
ever Friday. bf-sat-u
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
A. pIvnou.b Conversational Church.

Mr. Chas B. Trip, the armless man.
who gives an exhibition of his work at
Plymouth Congregational church. on Sat
1irtlav afternoon and evening. has travel
cd q wears with Barnum, has visited
nearly ALI the countries of Europe has
exhibited tivmes before the King and
Queen of England, and before nearly all
the crowned heads of the continent.
His work never fails 10 interest and
delight his audience.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20

Berry and Aplhus Berry, making p war
rants for murder.
Judge Iger immediat ely issued an order
that the men should not be removed from
Norton until they were allowed TO TESTIFY
in the present trial. They were released
on 81 900 bail each.
Most of the afternoon session OF the
court was occupied by testimony as to the
good reD1Itatjon of the defendants.
If your breathing is difficult, or your
lungs sore, rely on Piso's Cure for re-
lief.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
54-60t
Ridc Wanted

Sealed bids will be received up to March
list, at u O'Clock noon, for the building Of
an addition to the NJ. E. church, To-
wanda, Kan.
The trustees reserve the right 20 re-
iect any and all bids
Plans and specifications may be seen
at a r. Johnston's blacksmith shop.
MRS DONA Robson,
Secretary Board of Trustees S-2t
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
Secretary Board of Trustees. So

The Pennsylvania association reunion
and banquet will be held at u o'clock to-
day at the A. o u. w. hall. 125 South
Main street All Pennsylvanians and
their families come and bring well filled
baskets.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
cHAUTAUQUA CIRCLES.

Plymouth Chautauqua Circle meets
with Mrs. E G. Robertson, 125O North
Lawrence avenue. Monday. Program;
Roll Call-Items of Interest About Mex
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
"THE CLEANER IT'S, THE COSIER tbs.
WHAT Is HOME WITHOUT
SAPOLIO

thanks for the expression - your sii,
support and sympathy extended 10 our
sou, G r. Iisell in his anliciion and
sufferings. your acts ~ kindness toward
him Will always be remembered by ua
joins + LTTTELI.
LOUISA NJ LlTTEf.L.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20

London. Feb 70 Replying iu me Hons
% Commons today. the chancellor ~ %.
exchequer. Austen Chamberlain. said the
bad uo intention IN present
OF reiuposlng the tax on grain. which
WIS abolished last year.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
DAMRoscH AND HIS TOUR.


over Wagner's ''parsifal seems to ex-
tend all through the United States and
Canada. ''ParsifaI'' lectures. recitals,
talks have all been popular in the many
clubs or organizations given over TO such
matters and the spring tour. announced
by Walter Damrosch and >his we'll known
New Yorw Symphony orchestra viii give
TO thousands the opportunity Of hearing
this grand IVORY in concert form. ali OF
the most important chorus. solo and in
strumental excerpts being included In the
programme and as the story and prlnci-
pal motifs are explained in their turn
in most fitting language by Mr.. Damrosch
II may readily be seen that the concert
will be a most excellent substitute for
an operate hearing, the latter for this
season at least being confined to New
York. This month Mr.. Damrosch Is max
ing a sort New England tour with his
orchestra and soloists and in every case
the houses have been actually sold out
DAYS before the performance. so great is
the interest aroused h. this coming. In
New Yorw City, Philadelphia and Bos-
ton also the concerts given by Mr.. Dam
rosch and the orchestra have attracted
exceedingly large and interested audiences
and repetitions have been the rule every
whr.
Il is som years. however. since Mr..
Damrosch has been GU tour with his or
chestra and his prominence now as a
conductor and his high standing as an
exponent of Wagnerian music especially
at the present time, when the 'Parsifar
talk is in the air so much. Will all lend
interest to the coming appearances I'm
this city. The explanatory remarks will
also add to the attractiveness of the
concert and Mr.. Damrosch wishes 1t IN
derstood that he brings with him a sex
totte of excellent female voices for the
famous Flower Maiden numbers and tbs
invisible choir; well known soprano, tenor
and baritone singers for the principa
vocal numbers-besides instrumental 50
loists and the whole work Is eXcellently
condensed and arranged by Mr. Damrosch
expressly for this tour and the concert
form of rendition.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
Music and Drama
Coming Attractions for
Wichita Amusement Lovers.
At the Crawford.

w. H. Turner, wh3 is to be seen as
David Harmu." in the coming presen-
tation of the decentralization of Westcott's
novel at the Crawford on Tuesday. Feb
ruary %, is an exceedingly clever actor.
He has made many character studies ana
his good and conscientious work has
raised him to that point wherein he IS
being featured.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20

1t must be borne in mind that this is
not, any number two company, nor any
doubtful version of the play. "Resurrec-
ton as il viii be seen here is the fam
Gus dramatization by Batailie and Nor
ton which had run of over 80 nights
in Paris, was played for four months
at the Victoria Theatre. New York 1t
will be seen here with practically the
same great cast and the complete pro-
duction
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
Card Of Thanks

To \. 6. Walden. chief 81 the fire de-
partment and TO all hremen in the de-
hereby tender our sincere
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20

The spectacular acrobatic farce comedy
Eight Bells" with the seemingly bone
less Brothers Byrne as the guiding spirits
will be presented at the Crawford on
Wednesday, February "a.
Those who have seen this pantomimis
production in the past will scarcely re-
cogniZe it so many and so novel are
the new features. which have been IN
jected in it, Notably among these are
bright catchy songs, wonderful calcium
effects and a gymnastic potpourri that
has never been eXcelled. The music OF
the play is tuneful and of.the light, popu-
lar variety, while The mechanical effects
follow each other so fast that it Is be-
wildering.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20
BLANCHE WALSH IN "RESURREC-
TION-r

Local rlay-goers will have the oppor-
tunity of seeing on Saturday, February
-. at the Crawford. Resurrection in
which the radiantly beautiful Blanche
Walsh. the American Duse as she is call
ed. has made the triumph of her career.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-20

Ladies Girdle Corsets. come in
mink. blue and white. al nicely trim
med with lace with ribbon insertion.
girdle that never sells FOR iess
than &c. Special today. each,
The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1904-06-17
CONFEDERATE FATHERS AND SONS.
Thousands Assembling in Nashville for the Arr,o,
Reunion Texans Slow III Arriving,

Nashville. Tenn. June l4.-Nashviile
is crowded tonight with visitors, vet,
tereans and delegates to the fourteenth
annual reunion of the United C0nfed,
crate Veterans, which opens tomor
row. All day long and far into the
night trains were arriving at frequent
Intervals from all parts OF the South,
bringing the old warriors. and their
friends. families and sponsors. each
eager 10 fill his part In the reunion
which for many years has been a
source Of much pleasure. There are
delegations present from Missouri and
as far north as Montana.
The Pas Eleburpe division OF the
Texas veterans, with headquarters at
Waco, arrived during the afternoon,
but the five other Texas trains were
less fortunate, they having been de-
layed by a washout near Pine Bluff,
their destination not being reached I'm.
til late tonight.
The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1904-06-17
HE WAS KIND, SHE CLEVER.
End Combination Resulted in Her Get.
ting a Seat.

End Combination Resulted in Her Get.
ting a Seat.
She was very clever woman. and
a past master in the art Of strategy
So all agreed who rode down town
with her on the Sixth avenue surface
car
She entered the car at Seventy.
second street, Every seat was taken,
and almost every strap had man OF
woman suspended from it.
She looked about hesttatingly for an
instant. but every man was interested
in his paper. Then she took hold OF
strap almost in front OF young
man, a very young man, who was
bluShing guilty as he pretended tc
read.
While the young man blushed ana.
the woman thus hung, her handker
chief futtered. accidentally to all ap.
pearances. to the floor. The young
man looked up just then and saw the
white bit Of cambria. The feeling OF
2hivalry which he was evidently try.
ing to sife would not be suppressed
longer,
He arose and stopped for the hand.
kerchief.
This was the Woman's opportunity.
While his back was turned she gently
slipped into his seat.
When he turned about and saw
what had occurred he almost COZ
:apsed. But the woman did not. She
took her handkerchief out Of his hand,
smiling innocently.
Thank you" she said, sweetly.
You are very kind" New York Sun
The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1904-06-17
MADE THE ACCOUNT SQUARE.
Long Suffering Customer Even with
Restaurant Keeper.
Dobson was chuckling as he and hi

D0bson was chuckling as he and his
wife emerged from the restaurant,
"George!" said his wife, what's
getting into you? For the last ten
minutes you have had something on
IOur mind and now, suddenly, you be-
gin giggling"
Mary, | don't want to go through
ife with a secret in my BOSOM" said
Dobson after chuCkling some more.
Remember the counterfeit so cent
piece that got last winter"
YES. It's the only money you ever
succeeded in saving"
It's gone, | gave it to the cashier
in the restaurant"
by accident"
mo. l did it in cold blood. ! have
been thinking about doing it for a
long time.
How did your conscience permit
you to do such q thing?'
That's the worst Of it. Every time
I think about it it seems to make my
conscience feel better. We have been
patronizing that restaurant on Occs
sions for year. The proprietor has
given US veal in the chicken salad,
Goldfish in the deyiled crabs, Chickory
in the coffee and water In the cream. "
There has been reason for suspi.
ci0n?"
I'VE have hid evidence that would
convince any jury. After I had given
him a 5O-cent piece with some lead
in 1t tried to be ashamed OF myself
but l couldn't 1t may have been con
trary to the statutes of the United
States, but it was poetic Justice"
The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1904-06-17
LOOKED LIKE RIOT.
Police Had to QueII an Angry Crowd
on Washington Street.

Houston: 4 car accident on Wash.
ingtOn street last night came very
near causing a riot. An Old man by
the name of Powers, who was in a bug
gy, was run into by a car. The car
vas demolished and he was thrown
70 the pavement and his back injured.
1t was stated that the buggy was
dragged a distance Of sixty feet. The
horse became hung beneath the car,
but was not killed. The front part
Of the buggy was shattered. 1t could
not be learned who was at fault.
Within a few minutes after the acct
dent occurred the street became pack
I'd with people, who talked Of handling
the motorman in summary manner.
Chief of Police Ellis received the
report and FASTENED to the scene with
several Of his men. The feeling was
so great BY the time the officers ar.
rived that it was all they could do to
keep down a riot
During the trouble the motorman
was struck in the face and severely
wounded. Five or six cars became
blocked in the street, and this but
added to the feeling of the crowd.
After the chief arrived he had the
cars moved and this prevented serious
trouble.
Powers was taken to his home, a
short distance from the scene, and a
physician summoned, Il was variously
stated that he was seriously injured
and that his injuries were Of a mild
nature.
Claim Agent Fields Of the company
stated that he was informed that the
mans injuries did not amount to much,
and that he would be able to be out
in @ few days.
The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1904-06-17
Boil WeeYiI.

Hearne, Texas: The boil weevll Is
pronounced to be as numerous over
the county as at this time last year,
and the farmers are making a vigor-
Gus fight against the pest, Many OF
them are busting their cotton with par
is green and some report 1t having
good effect, while others report it does
no good. The plant is further ad
vanced than it was at this time last
year. Many of, the farmers are much
discouraged over the early appearance
of the boil Weevil in this country, and
if remedies will do any good, the boil
weevil will find rough handling in this
SCtcion.
The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1904-06-17
A MIsslnc Mascot.

mo more luck" she walled; 81
shall never have aDother bit of luck,
I know shant. I've lost it and I
hadn't had it but three months.
What is it that you have lost that
you are making such a fuss about?"
inquired friend. Your pocketpook? 81
"Pocketbook," answered the forlorn
one, mo, l wish 1t was only my pock.
etbook, that wouldn't be serious. But
I've gone and lost my beautiful vel
low garter and--yes, It may be plain
old thing, but it was such a mascot
Janet wore it when she was married,
then gave it to me and l have worn II
ever since. And such a good time as
/ have had! Dances, whist clubs. and
no end Of larks, and I've met sinpIy
slues Of men. You know they say
that whoever wears such a mascot
will be married within the year Guess
In dished now for fair"
The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1904-06-17
Then He Mas ennd.

A congressman of Missouri relates
that he was making a campaign
speech last fall, when he was an
nSyed by the frequent Interruptions
Of countryman, who seemed bent on
making trouble.
MY friend" said the speaker, de-
termining to suppress the disturber
haven't you heard the story of how
a braying ass put to fight the entire
C!rian army?"
Don't you be afraid of this audi.
ence," shouted back the disturber OF
the meeting; there amt no danger
of it stampediRg. You're Gore tested
itI"
The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1904-06-17
Accidental DISCHARGE.

Nashville, Tenn: While STOPPING
over a spring to get cup Of water
in Mt Calvary Cemetery this after
noon, Sergeant Andrew N. Davis OF
the city police accidentally dropped
his revolver. The weapon was dis
charged, the bullet entering Sergeant
devils breast and killing him instant,
~. His 11-year-old daughter was by
the officers side at the time, and his
aged mother was but a short distance
away. 80
The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1904-06-17
Thirteen Club,

New York: George Wagner, a
wealthy German resident of Bridge
port, Conn. committed suicide by
shooting himself with a revolver OF
the Morton house last night.
Mr.. Wagner was the moving spirit
of club Of well known German citi-
zeRs first organized as a thirteen
club" Later one after another of the
congenial spirits began to die by sui
eide. Practically all Of the men who
were formerly identified with that or
ganigation have died by their own
hand. There is said to be ono mem.
Der left,