The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1904-02-19
DEWEY CASE III PROGRESS
ssGIHHIEG OF TESTIMONY AFTER
EINE DAYS N GETTING JURY.
Berrys On the stand and Tell the story
OF the Tragedy Dswsys shot
Their Victims Down Witksut
Waning.

Dewey case, now being tired AZ NOTtOnS
began last Friday afternoon, after nine
days had been consumed in the select
ion Of a jury of twelve men, B. F.
Slater, of Junction City. a Dewey II
der, was the first witness called by the
state Although Slater was rather an
unimpOrtant witness, upon the first
question being asked him by Attorney
General Coleman, Attorney Harvey OBJ
jected to the introduction of any evidence
by the state for the following reasons:
First, defects of the information in
regard to allegations of the crime;
second, the defects IN regard to the
omissions; third, defects in regard to
the preliminary examination. Harvey
consumed nearly two hours in reading
rulings, and arguments. General Cole
man answered for the state and was
supported by General Colby"
Judge Geiger Overruled the objection.
The defense again objected to the in
PRODUCTION of any testimony on the
grounds that no Offense was alleged in
the information. OverruIed.
The names of the members of jury
are as follows: G. E Lyon, James
Hurst, o. N. Darling. L. S Shelley,
Thomas Woods, Joseph Archer, H
Mathes. Joseph COnnarty, L. W. Pin
-ney, G. L. Lacount, George S. Pollard,
John Kinzer. All are farmers.
Judge Geiger ordered the state to
make its opening. This was done by
\. B. Mccormick, of PhiIipsburg, ex-
Congressman, one of the attorneys for
the state engaged in the prosecution.
The attorneys statement enters into
the history of the tragedy, and has
been published in this paper at other
times.
Beach, Roy, and Mrs. Alpheus Berry
were put on the stand, and their stories
are essentially the same, differing only
in minutiae Mrs. Berry's testimony
was extremely interesting, and was told
in such way as to Danish all doubt as
to her sincerity and the correctness of
her story. She said in part:
after dinner, June 3, two men
came to the door and knocked. was
at the dinner table. I went to the door
Viii Mcbride and another man were
there. The other man did not recOg-
nize. l can't recall how Mcbride was
dressed, but think he had on a cOrdu-
roy coat. He had a rifle in his hand
and think he had revolver strapped
to him. The other man was also
armed in the same way. Mcbride
asked if knew where the other boys
were and l said, No, unless they are
at the other place He said, We
have come after the water tank and
we intend to take it I told him to go
and take the tank. He said TO the
others out there, All right, boys
Mcbride went down through the yard
saw several other men down there.
They seemed to be shutting their arms
and taking aim at imaginary objects.
Uncle Daniel finished his dinner
and went out into the yard. stood in
the door. He went to the water tank
on its west side. They were talking
and heard Mr.. Berry tell them to take
the tank. kept watching them,
thinking that they would load the tank,
but they kept looking up the road to
the south They did not move the
tank. / went back into the house to
the dining room.
Pretty soon AlPheus, my husband.
and Lemuel CaprOn drove up to the
gate. Alpheus came into the house,
laid his coat down, and went out IN the
yard. CaPron was in the spring wagon
at the gate. ! saw my husband go to
where my father was. The three boys,
Roy, Burchard, and Beach, came
pretty soon and tied their horses to the
wagon. I was standing in the east
door looking down the yard.
Roy, Burch, and Beach were walk
ing down toward the tank when saw
Burch and Roy fall. heard the re-
port of the rifles. Beach ran north
toward the barn. ran into the house
to protect my children. I told them to
lie down, as I was afraid they would
FIRE into the house. Beach came run
ming in. He passed through the room
where was. His revolver was in his
right hand. He went to the east win
dow. One shot came through the win
dow glass.
After a while went out to get
Beach's horse. Some one told me to
go into the house. Il was such gruff
voice that at first I could not under
stand. The command was repeated. !
saw Burch on the ground. I heard
groans and supposed they came from
Burch. I went back into the house. ]
kept watch out OF the window to see il
they were leaving"
When SOu went out into the yard
were you alone?"
I carried the baby in my arms, be
cause I thought they would not Shoot
me 4 had the child IN my arms. Il
must have been an hour before the,
left. then went and looked over ths
mud wal. i saw my husband
and his father lying dead, and a dead
horse. also saw Burch lying there
dead. He was on the west side Of tn,
wall.
Roy Berry vas sim aiive He IN,