The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-05-03

Captain Joseph Waters. of the law
hrm of Waters & Waters, who were en-
gagged to assist in the defense of Chaun-
cey Dewey and the remaining two de-
PENDANTS, arrived home last night from
Norton, the county seat of Norton cOun-
" and this morning gave out an inter
view covering the dismissal of the case
and the circumstances leading uD to the
origin of the killing.
The dismissal of the case was based
on section 5666 of chapter 50, article II
OF the state laws relating to persons out
on bail The section reads, IF any per
son under Indictment or information for
any Offense, and held to answer on bail,
shall not be brought to trial before the
end Of the third term of the court in
which the cause is pending which shall
be held after such Indictment found or
information fled he shall be entitled to
be discharged so far as relates to such
Offense unless the delay happen on his
application or be Occasioned by the
want of time to try such cause at such
third term
j. G. Waters Statement.
Captain Waters said:
con Monday morning the district
court of Norton county convened at
the city of Norton, and Judge Geiger
called the docket, and when the three
cases against Chauncey Dewey. Clyde
Wilson and William J. Mcbride were
called, w. S. Morlan and Waters &
Waters announced themselves ready
for trial. The state was not ready, the
attorney general and county attorney
of Cheyenne county both being absent.
The hearing of this motion was delay
filed their written motion to discharge
them as on an absolute accuittal for
the reason that five terms had elapsed
since the information was filed and
the state had not given them a trial.
ed until Tuesday to hear from Mr..
Phillips, county attorney of Cheyenne
county. On Tuesday nothing having
been heard, the motion was argued at
considerable length. L. W. Thompson,
county attorney of Norton county, and
General L. w. Colby Of Beatrice ap-
pearing for the state and resisting it.
1.-THE court finally decided to over
rule the motion on the one ground
that it was prematurely made. and
that If the same motion was presented
at the next term it would be allowed,
to which the defendants excepted.
Mr.. Thompson and General Colby then
stated to the court that the state was
not ready to try them. that jury
could not be impaneled and that the
state would dismiss the three cases,
without prejudice. which was done
The defendant claimed that this
was an acquittal. The defendants
were thereupon discharged, which ends
the. long and virulent affair. There is
no further disposition on the part of
anv one to revive this matter It has
cost Chevenne county many thousands
of dollars. and the Deweys as well.
We notice that Mr.. Hessin was no
longer connected with these cases. The
cases so terminated are: one, for kill
ing David Berry: one. for killing Al
pheus Berry and one for an assault
with intent to kill Roy Berry
story of the Killing.
Captain Waters also gave the fol-
loving story of the killing of the
BerryS and trial of the DeNeVs.
"On June 3, 1903, in an encounter
at the house of Alpheus Berry in Chew
enc county. David Berry, Alpheus
Berry and Burch Berry were killed
and Roy Berry wounded by a SQUAD
of men in the employ of the Dewey
Ranch company
Great excitement prevailed and a
company of militia was sent to the
scene. Chauucey Dewey and three
employees were charged with these Of