The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-19
Berry Family Brings Suit
Against Chauncey Dewey.
Asks for Award of Thirty-six
Thousand Dollars
FOR THE THREE LIVES
Lost in the Battle Over the
Water Tank.
In the Struggle OF the Smaller
Ranch men.

Damage suits amounting to $4,000
brought by various members Of the
Berry family against Chauncey Dewey,
because Of the killing of three Of the
Berrys and the manning Of a fourth in
the famous Berry-Dewey feud three
years ago In Cheyenne county, will have
to now probably be threshed out in the
United States district court at Topeka.
Rossington & Smith of Topeka, Dew
ey's attorneys, yesterday secured an or
der of removal of the four different ac-
tons before Judge Handkerchief Of the
United States circuit court at St. Louis.
from Sherman county, Kan, where they
were originally brought in the district
court, to the Topeka federal court pre-
sided over by Judge Pollock.
w. H. Rossington made the argu-
ment for the removal on Saturday at
st. Louis and notified his Office here
in Topeka last night that he had Sc
cured it. Tire telegram contained no
further information concerning the
matter. It is supposed that the con-
tention of Mr.. Rossington was on
basis of diverse citizenship, since the
Berrys were all Kansas people, and
Chauncey Dewey is a resident of Chi
cago, Ill.
The Berrys are expected to fight this
order of removal. It is not final. They
can ask to have the cases remanded to
Sherman county for trial. That VIII
be lett to Judge Pollock to decide.
The cases and their trial will involve
an entire rehearsal of the famous
feud. which practically attracted the
attention of the entire country when
1t was on as cowboy battle led on
by a millionaire
It all happened three years ago in
Cheyenne county. Dewey came from
the effete east, wealthy, a society pet.
He yearned for ranch life, and at
once turned the Golfers of his gold
into a great acreage of land. He built
up one of the most monumental stock
farms which Kansas or the west has
ever seen. He employed great num-
bers of men and made them his
friends; in fact they swore by him
through thick and thin. Their loyalty
came to a. test.
Smaller ranchmen round about
looked on with some jealousy at the
invasion of the millionaire Yale grad
uate. Little petty differences came
up. The Berry family who had a
small ranch close to the Dewey land,
became his enemies. Small matter
after small matter Wedged between
them until finally it came to arms
The sale of a water tank brought on
the crisis. DeWeys men and the
Berry family. in which there were
four boys. clashed.
a pitched battle ensued, about which
there sui hangs the HlSSLeF OF VINO nIeQ
the first shot. Alpheus, Burchard and
Daniel Berry were killed. Roy Berry
was manned for life. A criminal trial re-
suited. Dewey finally gained his release
and his men likewise were let go. Then
the Berrys sought to recover damages in
a civil process at law The wife of Dan
iel Berry sued Dewey for $4,000; the wife
of Alpheus Berry sued Dewey for S10,-
600; the administrator of Burchard Berry
sued Dewey for $4,000 (the plaintiff be-
ing unmarried); Roy Berry sued Dewey
for S. 900. The cases were all brought in
the district court of Sherman county.
They ran almost to the time of trial
when the attorneys got together and ar
four cases. Dewey objected, however
after celebrating over the matter, made
a showing before the district court judge
of Sherman county, had the judgment for
the amount set aside and the cases put
back on the docket for trial.
Now Dewey makes another move, by
getting an order of removal of all four
cases from the district court in Sherman
county to the United States district
court at Topeka on a claim Of diverse
Of Kansas and Dewey Of Illinois. He
takes the case from the scene of it's
enaction. It may be a long time before
it will be tried in the federal court. The
have their cases remanded to Sherman
county. This win entail arguments and
time Should Judge Pollock override this
effort then the way viii have to be
cleared for the trial of the cases here.
An entire transcript of the proceedings
in Sherman county of all that has hap
pened with regard to the Dewey case
both civil and criminal will have to be
made and filed in the federal court here
and. probably will come up. It would be
at which these cases may come to trial.
~11--------