The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-18
STATE THROUGH.
Introduction of Testimony Ends
This Afternoon.
Has Made Strong Showing In
the Dewey Case.
MANY EMPTY SHELLS
Thirteen Picked Up Behind the
Wall Where Dewey Stood.
Revolver Taken from Body of
Burch Berry Never Fired.
G. NJ. SaulmOn Is Arrested on
Charge of Perjury.

Norton, Kan, Feb. 1S.-In the Dewey
case this morning L. D. Hotchkiss,
county attorney of Cheyenne, exhibited
the revolver taken from Burch Berry
after he was killed. AS shown it had
not been discharged and all the cham
bers were full. Houchkiss said he
picked up seven Winchester discharged
shells and five Savage shells and one
loaded Savage cartridge, all found be-
hind the sod wall.
Under the shoulder of Alpheus Berry
he had found a cartridge that had come
from a rifle similar to that identified
as belonging to the defendants.
E. A. Young, a gunsmith, identified
one of the rifles supposed to have be-
longed to one of the defendants.
With the introduction of Captain
Cunninghams testimony late this aft
ernoon the state will close it's side of
the case.
An additional feature crept in the
trial Wednesday afternoon when Chas.
NJ Saulmon, one of the states wit
nesses, was arrested during the noon
hour on the charge of perjury Saul
mon was Immediately released on bond.
Just before court adjourned for din
ner, the state called Saulmon to the
witness stand. He formerly worked at
the Dewey ranch. He was asked if,
while he was employed at the ranch.
he had not heard Chauncey Dewey
make threats against the Berrys. No
he answered The states attorneys
made no effort to conceal their surprise.
Mr.. Coleman, the attorney general,
showed Saulmon a paper, supposedly
signed by Saulmon, which said that he
(Saulmon) had heard the ranch sup
erintendent threaten the Berrys-
Didn't you sign that paper and ac-
knowledge it to be your signature in
the presence of Mr.. Hotchkiss and Gen
eral Colby?''
Il did not" was the positive answer.
Saulmcn was told to sign his name up
on another piece of paper. He was
then excused. The warrant and his arr
rest followed.
The testimony Wednesday afternoon
brought out for the first time the ma
ture of the wounds of Burehard b.
Berry, Daniel p. Berry and Alpheus
Berry. 1t was shown that Burch and
Alpheus were both shot in the back
of the head, the ball coming out near
Burch's mouth and under Alpheus'
chin. The old man was shot in the
abdomen, the bullet ranging down
ward toward the left hip. The shots in
the back of the heads of the two
brothers are looked upon as particular
ly damaging to the defendants.
The defense however, has gained
point in the description of the wound of
Burch Berry. 1t will be remembered
that Beach Berry testified that Mcbride
shot Burch while behind the water tank,
which is only three feet high, and that
McBride's rifle rested on the tank. If
this is true, McBride's bullet must
have taken it's course upwards, wherets
Burch's wound shows that the ball went
almost straight through the head, with
just a slight depression.
Edwin Phillips, farmer, once lawyer,
member of the coroner's jury that view
ed the bodies, testified positively that
the dead horse found on the battle
ground was close up to the mud fence.
This is a point in favor of the defense,
as it is understood that it will be said
by the defendants that the first shot
was fired by Beach Berry at Dewey,
but that the bullet killed the young
ranchman's horse by his side. This,
however, is only speculation, because at
no time has anything been said by Dew
ey or his lawyers as to what will be
contended by them in their defense.
The state has announced that it has
only three other witnesses.
Late in the afternoon Robert McCul-
loch, sheriff of Cheyenne county, and
his deputies were called to the witness
stand The sheriff had with him a
small-sized arsenal 1t consisted of two
Winchester rifles. a Savage rifle and
largest caliber. The three officers testi-
fed that they arrested Dewey, Wilson
and Mcbride and took their revolvers
from them.
The prisoners were taken to Colby for
fear of mob violence by the settlers at
prisoners were allowed to carry weapons
for protection in case there was an at
tack on the way. In Colby, however.
the guns and revolvers were surrender
ed to the sheriff. None of the officers
could positively identify any one of the
revOlvers or guns as belonging to Dew
ey, Mcbride or Wilson.