The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-21

public. At the preliminary, Ed tuck
er, a Dewey cowboy, refused 10 TAX
he was the list witneSs-on auVlce
of his counsel. The lawyer explained
that as there was a warrant out LOT
Tucker, the witness could not be COM
PEELED to testify under the self-incrim-
mating statute.
Following the cowboy, came Bedch
Berry. He told the story of the shoot
ing and when asked who nreu lhe
first shot replied:
"Chauncey Dewey.
Another witness also testified that
only one Berry was armed Inc
Deweys were committed TO the Gooo-
land Jail, then a miserable affair or
one room, without bail. The defense
did not testify at the preliminary
hearing.
Governor Bailey interviewed in be-
half of the ranchmen with a d1sap-
prevail of keeping them in Goodland
Jail that stirred up considerable feel
ing in favor of the Deweys and their
men. From that time on sentiment
favored the Deweys in the eastern part
of the state.
Deweys Brought to Topeka.
AS the result Sheriff A. t. Lucas OF
Shawnee county was directed TO prins
the prisoners to Topeka A petition
for writ of habeas corpus was hled
in the supreme court at topeka to
compel the authorities to allow tne
men to give bond for release. In the
petition more of the alleged partlcu-
lars of the feud was given. Therein
the Deweys' attorney charged that IN
the summer of 1902 the BerryS at the
head of of a band of 10 armed men
rode up to the Dewey headquarters
and demanded that the Deweys aban-
don the purchase of certain lands with
the threat of violence, If the de,
mands were not recognized ana
1Cn
Berrys with setting prairie fires ana
destroying fences and wells on the
Dewey ranch.
The Deweys were brought to To-
peka and put in the shawnee county
JAIL pending the hearing for the writ;
This nearing was considered the real
preliminary of the case Getting the
men brought to Topeka away from
was considerable agitation was con-
sidered a shrewd move on the part OF
Senator Hessin, their attorney.
A Playful Way of the Berrys.
During the hearing which began
June % in the supreme court
were no indications of mob violence
following the shooting. The Cheyenne
county sheriff on the witness stano
testified that there was no visible
lent atmosphere for one. E. B. Trus,
sci. a ST. Francis liveryman, test1hed
that he saw the BerryS armed with
Winchesters and reVolverS snort
time before the battle. Testlmony was
introduced by the petitioning counsel
to show that the BerryS had a hablt
of demanding that Dewey do certain
things with threat of violence upon
refusal There was also testimony in
an attempt to prove that the Berry
BOYS had a playful but obnoxious way
of taking a potshot at Deweys en-
ployees when the opportunity af-
forded.
Great Array of Legal Talent.
The charge that the Deweys were
fencing government land was also
threshed out without much success of
establishing anything against the
ranchmen.
nus gained considerable fame for its
famous array of legal talent. Lined
up on the Dewey side were the fol-
lowing: John E. Hessin. Manhattan;
A. E. Harvey, Lincoln, Neb-i w: >.
Scott. Atwood. Kan.
The prosecution included the fol-
lowing lawyers, a number or whom
are famous in the west: c {. Cole
man. attorney general Gen. L. w.
Colby, Beatrice. Neb.; n. B. McCor-
mick Phillipsburg; l.. d. Hotehkiss,
county attorney of Cheyenne; j: I'll.
Birney, county attorney of Rawlins;
E. F. Murphy, county attorney or
ney of Thomas.
AS the result of the hearing Dewey
and his men were allowed bond at
$4,000 each. Bond was furnished by
John r. Mulvane, Joab Mulvane of
Topeka, and C. P. Dewey, father of
Chauncey Dewey. Dewey's parent re-
sided at Chicago. When they were
released the ranchmen went to the
Dewey ranch at Manhattan which is
still owned by the Deweys.
Proceedings in the trial of Chauncey
Dewey and his two men began Feb
ruary 2, 1904. A jury was obtained
after $50 veniremen had been ex-
amined, on February IL. The case
ended March 81 with a pronounced
acquittal for the Deweys, following
evidence introduced in an attempt to
prove that the Berrys had made
threats to "get" Chauncey Dewey.
Another chapter was added to the
case in 1905 when administrators for
the Berry estate filed damage suits
for $4,000 for the death of the Ber-
rvs. The damage suit in progress to-
day for the death of Burchard B. Ber-
ry was filed later.
THE WEATHER RECORD.
EolIoxrinC ORC ohsorvotiaoe of tho Typ;tad