The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-10-01

so uncommon at that time, but on a
scale rarely attempted and with an
aggressiveness that united his neigh
bors against him.
His plans and ambitions were to be-
come the lord of an area extending
from Atwood to the Colorado state
! line. This area was about forty by
sixty miles in dimensions and took in
all of the counties of Cheyenne and
Rawlins and parts of Thomas and
bouht outright Some was foreclosed
on settlers. And government agents
testified in his trials that some of it
was land that the government owned
Berrys Wanted Big Holdings.
A family by the name of Berry also
was seeking to establish land holdings
in the same part Of the state. The
Berrys had ranch headquarters the
same as young Dewey. They had
herds of cattle and cow punchers"
the same as he had. However, it is
generally understood that they were
looked upon by Dewey and his men
as "squatters" on the Dewey land. and
bad blood developed between them.
The Berrys claimed Dewey was trying
Dewey claimed he had bought them
out several times and that they were
trying to work a "holdup game" on
him. There were qCarrels over the
grazing of cattle. Cattle killing and
fence cutting charges were made and
the bitter feeling grew until the early
spring of 1903, when Dewey claimed
the Berrys were shooting at his men.
and in order to protect them he armed
all of his cowboys and riders" with
ass and Winchester rifles.
On June 2, 1903. an old wooden
water tank, belonging to Alpheus
Berry and said by neighbors to be
worth about two dollars. was adver-
tised and sold by the sheriff. The
day of the sale an employe of the
Dewey ranch went to the Berry ranch
to bid on the tank. He was met by
two of the Berrys and told that no
employee of Dewey would be permitted
to put foot on Berry land. The Berrys
thought he had been sent there by
Chauncey Dewey, and according to the
stories told, he was driven away with
many threats and much profanity.
However. he waited alta safe distance
until the sheriff came up and under
protection Of the sheriff went onto the
Berry property and at the sale bought
the tank.
They Went After Tank.
A day or two later Chauncey Dewey,
ACCOMPANIED by Clyde Wilson and w
J. Mcbride and a number of armed
men. went to the Berry place to get
the tank and windmill. Here the eX-
fatal day end. According to the Berry
side of the story D. p. Berry and his
son Alpheus went out to the corral
to help the Deweys load their pur-
chase on a wagon. While they were
getting ready to start loading two
other Berry boys rode up. tied their
horses to trees and started to walk
to Yards the corral. Chauncey Dewey
opened fire. shooting Roy Berry in
the jaw. They asserted that Alpheus
and Buchard Berry were shot in the
back.
that Dewey and his men were being
by the Berrys and that they
shot in self-defense. The exact truth
of how the battle started probably
was never learned. But when the con-
flict ended Daniel P. Berry and his two
lower jaw shot away and Z. D. Berry
was wounded.
Dewey and Clyde Wilson and w ].
Mcbride were arrested and charged
with murder. They were given a pre-
liminary her ring before a Justice of
the peace who was a retired Metho-
list minister. 1t was his second trial
since taking office. but he held the ac-
cused without bond. and feeling ran
high turnout the entlSe northwestern
part of the state. There was talk of
mobbing the three men, Troops were
done so before carried arms when they
went into town.
Matter Into the Courts.
Feclng ran high for weeks. But
finally the mob spirit was beaten down
and the two sides to the feud carried
the controversy to the courts. where
some of the matters have not yet been
settled.
The two sides Wed with each other
in employing legal talent. and some
Of the most noted lawyers in the state
torney General Coleman. Charles |
Blood Smith. Fred Robertson and |
Capt. Joe Waters. Col. Clad Hamilton |
was supreme court commissioner in |
the case Dewey's attorneys filed |
habeas corpus proceed 'ngs in the state
supreme court, and Dewey and his two |
riders" were brought to Topeka for
the hearing, which resulted in the su-
preme court allowing them to give |
bond.
They were tried IN Cheyenne county
on the charge os first degree murder, !
was appealed to the state supreme |
court and there the acquittal verdict |
of the lower court was sustained
While the criminal cases were pend |
Ing the surviving Berrys brought civil !
suits for damages against Chauncey
DC"Ny anu Two MOI these cases were
dismissed in thG supreme court last
March. A judgement was granted /
in one Of these cases. but it has never |
been settled by Dewey.
After getting out OF his feud scrape :
Chauncey Dewey returned to Chicago |
where he became prominent in club |
and political circles. He became |
chairman OF the Cook county Republi- |
can central committee later state
central committeeman and when |
Roosevelt established the Bull idoose |
party he became a prominent Bull !
Mooser.
Dewey and his father also had ex-
tensive holding near Manhattan and |
these frequently brought him to Kan
sas. In April, 1908, just a little less |
than five years after the bloody end !
ing of his feud with the Berries. |
Dewey was married to Miss Mills !
paugh. the daughter of Bishop Frank |
r. Millspaugh. then in charge of the !
diocese of Kansas The |
wedding was one OF the society rvenfs