The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-19
DEFENSE BEGINS
Senator Hessin States the
Deweys' Side of the Case.
Court OverruIes the Notion to
Discharge Clyde Wilson.

Kansas City, Mo-, Feb ia special
to the Star from Norton, Kan, says:
State Senator Hessin, attorney for
Chauncey Dewey and his two cowboys,
Mcbride and Wilson. today told the de-
PENDANTS side of the shooting affray at
the Berry ranch on June last, when
three members of tfte Berry family were
shot down, and began the Introduction
of testimony, the defenses first witness
being General Wilder S. Metcalf, former
major of the Twentieth Kansas volun-
teers, and now pension agent at To-
peka-
Previously Judge Gefger had over
ruled a motion made yesterday to dis
charge Wilson, who it was developed
had served gallantly under Metcalf
through the Spanish war. He also over
ruled separate motions for the discharge
of Dewey and Mcbride, made at the
opening of court today.
Senator Hessin further stated that the
defense would show that since April,
1902 the Berrys had continually annoy
ed the Dewey people by killing their
cattle, burning their prairie and at
divers times threatening to kill the de-
PENDANTS. That the Berrys always went
armed and that Dewey and his men
went in numbers to the ranch on that
fatal day largely to guard against
trouble.
Senator Hessin in his narrative of
the battle asserted that the Berrys had
fired the first shot. It 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
water tank they had bought. He told
of the three Berry boys entering the
yard at this point and walking across
the yard with their hands upon their
revolvers. Chauneey Dewey had called
out to them to stop where they were,
when the three Berrys drew their re-
volvers and fired.
Then" asserted Attorney Hessin,
"our men fired, and not until then Our
men acted in self defense of their lives
Burch Berry instead of shooting only
show the revolver that 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 who
ever cleaned the barrel forgot to clean
the chambers, and 1t now shows evil
dences of the gunpowder from its dis
charge on that fatal day
The prosecuting attorney Of Chey-
enne county. testffyinss for the state
had said that he feand Burch Berry $
revolver clean anSi ftilE Of cartridges
after the fight.
The taking of testimony for the de-
fense was then begun, and General
Metca1f, Col. Edward c. Little of the
Twentieth Kansas and Capt. Clad
Hamilton, who had fought with viii
son, testified as to that defendants
good character and bravery in war. c..
tice Burch of the state supreme court,
also testified as to wilson's good char
aCter.
Norton, Kas, Feb. 19-When the
state closed it's case against Dewey,
Wilson and Mcbride Thursday evening.
Senator HeSsiE at once filed motion
that the court discharge Clyde Wilson.
He argued that the testimony showed
that although Wilson was at the scene
of the conflict when Mcbride is said
to have shot and killed Burch Berry,
he (Wilson) had nothing whatever to
do with Berry's death.
Senator Hessin also said that the tes-
timony at no place showed that there
was a conspiracy on the part of the
Deweys to kill Berry and that therefore
Wilson did not aid or abet in the homi-
eide He quoted several authorities to
sustain his position, and argued that
as Wilson and the others, according to
the evidence, went to the Berry ranch
for a lawful purpose, to get the tank
which they had purchased the day be-
fore and at the invitation of the
Berrys, Wilson was in no way respon-
sible for the acts of his comrades in
the controversy that followed, in which
Burch Berry was killed. General Colby
followed and argued against the mo-
tion for the state. Judge Geiger took
the matter under advisement until to-
day.
Not since the trial began has there
| been such a crowd in the court room
as was Thursday afternoon. In some
way word was spread around the coun-
ty that the defense would, for the first
| time since June 8, begin the presenta-
ton of it's case yesterday afternoon.
/ A bout the square scores of teams were
tied. some of them having brought en-
tire families to town. When court con-
vened after the dinner hour the room
was completely packed with men and
women. In the audience We're fully a
dozen school girls, carrying their books.
The last witness of the afternoon was
Mrs. Harriet M. Berry, widow of Dan
iel P. Berry. Mrs. Berry is a woman
of possibly go years. She has strong
features and a firm mouth, with a
slightly receding chin. She positively
testified that neither her husband nor
q revolver or rife. Looking defiantly
at Dewey, Mcbride and Wilson, she
said: MY husband and Alpheus look
ed upon any man who carried a gun
as a coward" Her voice carried to
every part of. the court room and there
was a slight ripple of excitement in
the audience.
And" remarked Senator Hessin,
without the slightest emotion in his
voice, "they so regarded your other
sons who went armed?'
ssThey never said" she answered
sharply.
Mrs. Berry knew nothing of the facts
of the shooting. She told, however, OF
once naV1DS 1iNCd O1A LIE ACCWOy AeNAAAs',
but one day while she was with her
ldaughter-in-law Chauncey Dewey
served a writ of ejectment upon her.
She went away, she said, but returned
lin three days. Her furniture was out
tof doors. Some one was living in the
house.
ssWho was living there?''
Three or four objections came from
the defense.
ssWilliam Mcbride" answered Mrs.
Berry at the same moment that Judge
lGeiger sustained the obJecuon-
Temperatures OF Large Cities.
Chicago. Feb. 19-7 a. m. tempera-
lures: New York, "a; Boston, "a; Phil