The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-17
TO KILL THE BERRYS.
Damaging Threats Dewey Is
Reported to Have Made.

Norton, Kan, Feb. lin the Dewey
case this morning Capron continued his
testimony which was mostly corrobor-
ating the whereabouts of Berrys on
June 8, that they we're all at Alpheus
Berry's on the morning of the Bird and
went from there to Dan Berry's house
to look after the colts. He did not see
Alf's On the way back. He drove on
but soon heard shots fired, but could
not identify any one. He did not go
back.
Mrs. Viola Berry was recalled by the
state, to state whether Alpheus or
Dan Berry had any arms when they
were shot.
C. L. Saulnon was caleld to the
stand by the state, who claimed he had
signed a paper as to his testimony be-
forehand for the state. Now he denies
it. The state tried to impeach him,
but he did not change his statement
that he knew nothing about the case.
Judge Gieger ordered the remarks by
the states counsel in this matter
stricken out.
p Waldron, manager of Rockefeller's
ranch, was on the stand as the court
adjourned for noon. Much interest is
manifested and the sentiment is strong
for the Berrys at present but many
are anxious to hear Dewey's story
The testimony in the trial of
Chancey Dewey Clyde Wilson
and William ]. Mcbride Tues
day afternoon was confined for the
most part to threats said to have been
made by Dewey and Mcbride against
the members of the Berry family. An
important witness, however, was l. L.
Capron, who drove Alpheus Berry from
the Daniel P. Berry home to his
(AlpheusO house just a few moments
before the shooting began. Capron did
not see the shots fired, however, but
looked back from up the road and saw
two men lying upon the ground and
another one running.
At this point Mr. Capron thought
discretion the better part of valor and
whipped up his horse in order to put
as much distance between him and the
scene of the conflict as possible. About
four hours later, however, he returned
to the Berry home and saw the bodies
of the three men. He said that Burch
was lying on his face, his revolver still
in his holster. He lay between the
of Daniel P and Alpheus Berry were
behind the fence, the heads in oppo-
site directions and their feet a yard
apart. He did not see firearms in their
possession, although he said he did not
examine them for that purpose. Mr..
Capron also said that he did not .ex-
anime any of the wounds of the dead
men. The testimony of Capron, while
not conclusive in itself. had tend
ency to corroborate that given by the
members of the Berry family
Jacob T1lbury, farmer near the
Dewey ranch, said that in April, 1903
in ST Francis, Chauncey Dewey said
to him:
1.-The Berrys are the only ones we
have tried to run out, but they are
here still. But we will fix them this
summer. We will put sheep around
them. They are going to get their
Tilbury also testified that Mcbride
had said to him that the Berry boys
had once stopped Dewey and himself
from going across piece of land. NC
Bride said" testified Tilbury. that
| Burchard Berry had drawn a revolver
on him and had said, Don't come
across this piece or I'll shoot YOU Nc
Bride then said, If that man confronts
me again, I'll kill him.. "
Dennis York of Denver, formerly of
Rawlins county, testified that he was
once employed at Dewey's ranch as a
carpenter. He said he had heard
Chauncey Dewey say that he would get
the Berrys out of the country, if posi-
bic, one way or another. He also said
that, while he was repairing a school
house on the Dewey place, Chauncey
had watched the house at night for a
week, saying that he intended to shoot
the Berrys if they came on the place
| and that he would shoot Roy Berry
as he would a dog 1t was brought out
on crosS-examination that Roy Berry
| had filled up the school house we'll and
\ that he had injured the house and that
/ Dewey was watching the place to catch
the man who had done the mischief.
York admitted that he had been in Jail
/ for burglary and larceny when he was
/ 10 years old.
The introduction of the testimony by
/ Miss Pearl Ross, a school teacher
brought forth a vigorous argument by
! General Coleman for the state. Miss
Ross said that while she was at a Mr..
! Barnes home she saw Louis and Will
lam Mcbride there; that the McBrides
had asked whether there was any land
Whereabouts for sale. Upon receiving
negative answer. Miss Ross testified