The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1904-02-12
no. Is.
JURY m DEWEY TRIAL n SIGHT
JUDGE GEIGER MAKEs RULTEe As 10
QUALIFICATIONS OF FEEIRKHzE.
The EsadinE of Ne~-PaFer ReT,arts 81 TIE
DeWsy-lserry TraE-dy Dee Sot Nso-
esssriIy DisquaIify Them-rriuI
70 B~Ein Soun-

The latest information from Norton.
where Chauncey Dewey. William ]. Nc
Bride and Clyde Wilson are being tried
for the murder OF Burchard b. Berry.
says that II is probable that the jury
VIII be selected By tonight. but allow
ing little latitude II seems certain
that the finding OF a satisfactory jury
viii be finished by Friday unless some
thing unforeseen happens.
The case was given impetus early
this week BY a ruling of Judge Geiger.
who said IN response 20 a challenge for
cause by Attorney Morian. for the de-
Tense
The challenge viii be overruled. -
said Judge Geiger. and I want 20 saw
that the time. If not here, viii be very
soon when a newspaper report alone
viii not disqualify a man 10 sit as a
juror in any criminal case. If II does.
Il viii drive Us 20 those who are less in
telligent. because they do not take the
newspapers of the country. and are
therefore not well informed on current
events Ii dePrives the public OF their
use and services as jurors. and Kansas
takes a step backward when II takes
that position. and is not up with its
reputation of leading instead OF follow
ing The mere fact that the opinion as
to various isolated facts Is based upon
the newspaper report and the answer Is
given inteiligently by the juror under
standing the force and effect Of Il ought
not 10 disqualify him."
Immediately three or four LAWYERS
were on their feet at once. Each had
little book IN his hand. For fully thirty
minutes arguments were made for and
against the ruling
In spite of the discuuraging reports
that the attorneys for the defense, tax
ing advantage of the great latitude
given by the Kansas statutes in the
selection of q jury. there now seems to
be no doubt that the case win be
tried az this term OF the Norton county
court Judge Geiger Is Ca be commend
ed for his ruling which Is in harmony
with the spirit and the intent OF the
law.
The defense has yet nineteen peremp-
tory challenges and the state three.
Two hundred and thirty-four men have
been called to the jury box, 205 Of
whom have been disqualified. This
would leave - Jurors. but as the total
of the PeremptOry challenges not vet
used numbers p. il would be possible
to throw them all out but seven. But
the progress making since the new
ruling almost makes the choosing Of
the jury a certainty this week.
General Colby's interest In the Dewey
case goes deeper than the fee he Is to
receive from the commissioners Of Chey-
enne county for his work Years and
years ago, back in Illinois, the present
Mrs. Daniel Berry was employed as a
domestic in the household OF the gen
erals father. Daniel Berry. then a
young man, was paying attention to
the woman who later became his wife
and the mother of the two boys who
persisted with the father on that mem
orable day last June in Cheyenne coun-
~. One bitter winter day Daniel Berry
was riding across the Illinois prairie
when he came up with a little boy Try
ing vainly TO make his way against the
blizzard 10 the country school house IN
the distance. The little fellow was suf-
fering terribly from the cold. both ears
being frozen, and was almost exhaust
ed. To fall meant certain death.
Daniel Berry picked him up and carried
him 20 a place Of warmth and safety.
That little boy was General L. W
Colby. He has not forgotten Daniel
Berry. and If II lies within his power
TO pay portion Of that debt at the
present time he VIII do Il. Colby viii
be heard from before many days