The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1904-03-04

Marlin rife, by reason of the rifles in
the barrel, made one revolution in every
Il inches, while bullet from a Savage
rife made one revolution IN eight OF ten
inches Mr.. Kerns said that the bullet
taken from the body of Daniel Berry
was fred from a 5000 caliber Winches-
ter OF Marlin rife He said he could
tell by the curve of the groves on the
bullet Mr. Kerns also testified that
the shells taken from the revolver of
Burch Berry show evidence of having
been placed there within few minutes
after # had been discharged
Robert Mccullough, sheriff of Chey-
enne county, testified against the Ber-
Tys. He said:
Il was at Alpheus Berry's place June
?, to sell a windmill and water tank.
Burch, Beech and Roy Berry were there.
Al WinshiP told me to put bid on the
windmill and tank for him. Burch
asked me If Winship had put bid on
the mill and tank told him yes. Just
after the sale 1 said to Burch, You
are not going TO make any trouble
about taking the tank, are you?' Burch
replied, That depends on who comes
after It. There are two OF three of the
Deweys that I would like to thrash hell
out of. But if you say so, III not make
any trouble about the tank; but they
must come after It at once.
Albert WinshiP was the next witness
and told similar story to that of Nc
CuIlOugh-
The testimony of Tom Lebo and Viii
liam Day, which followed, was along
the same line. None of the witnesses
thereafter were cross-examined to any
extent
Joseph Young, the official court stem
ograPher, who took the testimony in
the preliminary hearing, was called to
testify as to a variance of the testimony
of Mr. Hotchkiss, Beach D. Berry and
other witnesses, at the preliminary hear
ing, from that given at this trial, and
especially to show that Beach Berry did
not locate his brother, AlPheus, and his
father at the time of the shooting, June
3, at the same points in reference to the
Dewey people, at the preliminary hear
ing as he did in this trial This will be
a mOtional point IN the defense's case.
Court adjourned until 9 O'Clock Satur-
day morning, with Joseph Young on
the stand.
Charles Wilson, who was with Dewey
at the killing at the Berry home, told
his side of the story. The witness &C
cuPied the stand the greater portion of
Monday and was subjected to a severe
examination.
He stated that when the Dewey party
arrived at Berry's, Mcbride and Wilson
went to the house and asked permission
to take the tank. Mrs Berry said to
take It and Mcbride so reported to Dew
ey. Daniel P. Berry came up and said
to Dewey: What are YOU doing here2''
Mcbride answered that ne came after
the tank. Further talk between Nc
Bride tand Berry was interrupted by
Dewey, who said: Don't dispute
with him" Frank Berry said to Dewey:
Go It, Dewey. You will get It pretty
soon"
About this time AlPheus Berry came
up and said: Hello, Dewey" At
this time Beach and Burch Berry rode
up on horseback, dismounting on the
opposite side OF the house and came
quickly around in sight when one Of
the Berrys said: You fellows will not
take anything away from here. " Then
ChaunCey Dewey said to the BerTys:
stop, stop right there" The Berrys
drew their pistols and fired and the
Dewey party Immediately returned the
fire.
Wilson'S horse fell at the first shot
from the Berrys and when he looked
again Burch and Roy Berry were lying
on the ground and Beach was running
toward the barn.
On further examination of Wilson IN
the afternoon, he testified that he had
received no notice OF request 70 go to
headquarters the morning of June ;,
but went there of his own accord. He
said that after the shooting he saw
pistols lying near the bodies of Daniel
P. Berry and AlPheus Berry, and that
he fred no shot himself.
After recess Thomas O'NeiI was call
ed to the stand. He was at the Berry
place June 3, with Dewey and others of
his men. He told substantially the
same story as Wilson, and said he saw
Alpheus Berry grab Dewey's rife. 81
went toward my horse to get my rife, ?
he said. They (Berrys) fired in our
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