The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-21
DEWEY is FREE.
Ranchmen Declared Not Guilty
of the Berry Murder.
Jury in the Norton Case Out
Over % Hours.

Norton, Kas. March 21.-Chauncey
Dewey and his two cowboys. Clyde
Wilson and VIM. J. Mcbride. were
acquitted Saturday night of the charge
of numbering Burchard Berry by
fury which had considered the case
twenty-eight hours. Eighteen ballots
were taken before a verdict was
reached.
Chauncey Dewey, a young million
aire ranchman, went to Cheyenne
county, Kansas. early in 1900 to man
age the Dewey ranch. Soon after his
arrival there he became involved in
trouble with the Berry family, who
were also prominent cattle men. Trivial
MISUNDERSTANDING grew into serious
differences which eliminated in the
killing of Burchard Berry in June, 1903,
at the home of AlpheuS Berry, during
q fight in which Dewey and ten of his
cowboys were pitted against all Of the
Berrys.
The killing of Burchard B. Berry, Da-
vid Berry and Alpheus Berry by
Chauncey Dewey and his cowboys was
more than the result of personal en-
nifty. The charge of murder was made
in the case of Burchard Berry only. 1t
was an incident in the rapid settlement
of western Kansas which brought to-
gether the antagonistic elements of
ranchers and agriculturists. Years ago
the settlers of the country were chiefly
cattle raisers who rented government
land at a low price or owned thousands
of acres of their own. If grass was
scarce on their own lands. the extent
of unoccupied territory of doubtful or
distant ownership seemed to warrant
the use of grazing rights indiscrimi-
nately. Then came the pioneer farm
ers. They began to fence in land to
protect crops from cattle. Immediately
the two factions clashed. The farmers
allege that the rancherS broke down
their fences and DESTROYED their crops.
The ranchers accused the farmers OF
weapons. Both sides made threats. The
natural result of the situation came
June 8. 1908. when the typical repre-
sentatives of the two factions fought
/ to the finish and the three Berrys were
killed.
In the case of the Dewey-Berry trou
| BILE the Deweys came to the county
after the Berrys and became wealthy
where the Berrys' success had been
/ moderate This is alleged to have
/ caused friction. The beginning of the
| trouble between the Berrys and the
Deweys was a foreclosure suit that c.
P. Dewey had instituted against Berry.
/ Berry settled in Cheyenne county, in
1885, over the line from Rawlins coun-
ey, not far from where Dewey's ranch
house now is. Berry borrowed money
of eastern men on his land, and when
| the boom collapsed in 1887 he was I'M
able to pay. The eastern men did not
| place much value on the mortgage s.f-
ter the collapse of the boom, and Berry
hoped to compromise for small sum.
The debt ran along without payment
| of interest or principal, and in the
course of time the paper was offered
to Dewey, and he bought it.
Then he foreclosed and obtained a
degree before Judge Gier, but Berry
refused to surrender and successfully
| resisted all suits to eject him. This
litigation has been going on for some
years, and between suits there have
been collisions between the two fac
lions. Both went armed, and that the
end of it would be bloodshed nobody has
doubted. Berry said that the Deweys
had attacked his house in the night,
and pointed to bullet holes to prove it.
The Deweys say that there was no at
tack and the bullet holes were made
from the inside. The incident that led
directly to the killing was an attempt
of Deweys men to take water tank
from the Berry place. The Deweys
said they had an order of court for the
tank and wanted to take it peaceabIy
but were resisted.
l The Berrys alleged that the Deweys
fired first. Roy Berry, who was shot
through the jaw in the fight, testified
l the shooting with nOidea of fighting. He
said they rode quietly into the yard
of the ranch and walked toward the
DeWeys with no threats or movements
to cause alarm. Roy Berry said that
without warning the DeweyS began {
shoot The three men killed fell where
I they stood and Roy, according to his
testimony, ran to a barn several yards
away for shelter. He said he fired
after running away. This shot, ac-
:; cording to Roy Berry, was the frs
shot fired by the Berrys. He said he
Y did not fire at anyone in particular AMI
testified that the shot killed one OF
the Dewey horses.
Several of the witnesses for the de-
i Tense testified that the Berrys advanced
in a threatening manner and one of then
y had one of his hands on his revolver
Witnesses testified that Chauncey Dew
y ey warned the Berrys not to approach
in that manner, but that the Berrys per
n sisted. The Deweys alleged that tn,
Berrys fired first and that the Dewey,
q fired only in lf-defense. The Dewey,
: also alleged that shots had been free
I by Burchard Berry, David Berry ant
q Alpheus Berry, or at least by one o
d them. To prove this they brought al
e expert in firearms from Topeka VIII,
n testified that cartridges found in tn
t revolvers of the dead men had beef
n placed in the weapons after the fight
I The bodies had remained on the grount
d some time after the shooting and tn
e theory of the defense was that cham
s bers of the revolvers emptied in tn
t fight had been refilled with cartridge
= in order to make evidence to show tina
the dead Berrys had not fired at all an,
/ that the only shot fired by the Berry
n was that by Roy Berry, who fired Will
n running away from the Deweys
F The state introduced an expert wit