Cheyenne County, Kansas Murder News Stories

MILITIA ON THE MARCH

STARTED ACROSS NORTHWEST KANSAS WITH PRISONERS TODAY

A Forty-Mile Trip From Colby to St. Francis, Where Cowboys Must Stand Trial---Armed Settlers Reported in the Way

MURDERERS UNDER GUARD

DEWEY AND ASSOCIATES ON THE ROAD TO ST. FRANCIS

Sheriff and Posse and Company of Militia Acting as Escort--Farmers Gather at Points on the Road and Battle in the HIlls May Follow

DENVER, June 8---A speical to the News from Colby, Kas., says: Chauncey Dewey and his cowboy associates, McBride and Wilson, charged with the murder of Danniel Berry and his two sons at the latter's ranch, were last night under arrest and guard at a hotel here by the sheriff's posse and a company of the Second regiment of the Kansas National Guard. This morning the march across the range to St. Francis began with the militia and sheriff's posse as guards.

At Berry's ranch, six miles west of the O. K. ranch owned by the Deweys, 150 armed settlers were encamped. This is on the line of march the soliders will take with the prisoners, and a battle in the hills is likely.

The march will consume two days and as there is no means of communication en route the party may not be heard from until St. Francis is reached.

Dewey and the others were taken from the O. K. ranch unknown to the settlers and were brought here. They were kept in the hills near the town, guarded by the sheriff's posse, until the militia arrived.

Immediately on the arrival at St. Francis the prisoners will be given preliminary hearing. The troops are from Osborn and are commanded by Captain Cunningham and Lieutenants Hildebrandt and Thompson

FARMERS GATHERING

Topeka, June 8---Reports were received here tonight that large bodies of armed men are assembled at Goodland, St. Francis and at the Berry ranch in Cheyenne county. The gatherings are considered as demonstrations against Chauncey Dewey and his two cowboys, now being escorted to St. Francis by a company of militia.
(Idaho Statesman ~ June 9, 1903)

UNDER GUARD OF TROOPS

Alleged Murderers Of Berry Family Are Well Protected

ST. FRANCIS, KAN., JUNE 11 --- Chauncey Dewey, Clyde Wilson and W. J. McBride, charged with the murder of several of the members of the Berry family, near Colby, Kan., have arrived under escort of company G, Second Regiment of the Kansas Natinoal Guard.

Hundreds of person gathered to witness the arrival of the troops, but no demonstration of any kind was made. The troops with their charges encamped on the courthouse grounds, with pickets out.

At several points during the march from Colby, men were met who were known to be friends of the Berry family or enemies of the Deweys, and the greatest precaution was exercised to prevent them wreaking vengeance upon the prisoners.

TOPEKA, KAN., JUNE 11---W. R. Lockwood, member of the Legislature, telegraphed from St. Francis tonight that the settlers are well armed and that a large number of them have established themselves at the Berry ranch. Mr. Lockwood adds:

"Oak Ranch, the home of Mr. Dewey, is fitted out in elegant style. There is danger now that all this glory will vanish in a night. All the telephone wires have been cut, poles dug out of the ground and news is slow in getting around. However, the people here at St. Francis would not be surprised any hour to hear that the Dewey buildings had been razed and the artificial lake drained.
(Sun ~ June 12, 1903)

DEWEY MURDER TRIAL ON

THREE DEFENDANTS IN THE CASE IN NORTON, KAS.

The Defense Spent Today in Sparring for Delay---Lawyers Thick on Both Sides---Dewey and His Men Show No Uneasiness

NORTON, KAS., Feb. 3---The trial of Chauncey Dewey, millionaire ranchman, and his two cowboys, W. H. McBride and Clyde Wilson, for the murder of Burchard B. Berry, June 3, 1903, in Cheyenne county, began here in the district court this morning. There are four informations against each of the defendants, but this trial will be for the murder of Burch Berry. In the fight "Dave" Berry, the father, and Alpheus Berry, another son, were also killed. A part of the jaw of Roy Berry, a cousin, was shot away. The trial is before Judge Geiger. It was brought from Cheyenne county to Norton county on a change of venue.

There is every indication that the case is to be one of the most bitterly fought in the criminal history of Kansas. Fourteen lawyers are engaged on both sides. Here is the list: For the state, General L. W. Colby of Beatrice, Neb.; N. B. McComick, Phillipsburg, kas.; C. C. Coleman, Attorney general of Kansas; L. D. Hotchkiss, county attorney of Cheyenne county; H. R. Tillotson, county attorney of Norton, Kas., and L. H. Thompson of Norton, Kas. For the defense, John E. Hessin, Manhattan; W. S. Morlan, McCook, Neb.; Captain Joseph G. Waters, Topeka; Judge John R. Hamilton, Norton; L. H. Wilder, Norton; A. E. Harvey, Lincoln, Neb.; G. W. Holland, Russell, Kas.; Depster Scott, Atwood, Kas.

DEFENSE PLAYS FOR DELAY

It was nearly 10 o'clock when Judge Geiger opened court. The room was crowded. The first preliminary skirmish came when Mr. Hotchkiss asked permission to add four names to those already indorsed on the information. Senator Hessin objected and asked forty-eight hours in which to make inquiry as to the qualifications of the four new witnesses. This was overruled. Judge Hamilton then istituted another attempt at delay. He challenged the entire jury panel drawn from the jury box yesterday. His point was that for every sixteen inhabitants in Almena township one name was put in the jury wheel, whereas the law provided, he said, that only one name in fifty should be placed in there. He also said that when the venire was drawn the jury box or wheel was not shaken.

Captain Waters called attention to the fact that twenty-four names from Almena township alone came out of the box. While he made no accusations, yet he intimated that fraud might have been practiced. He said that it would have been easy for anyone to have gone into the county commissioner's vault and to have placed on top of the other names in the box any names that were wished from Almena township. Captain Waters also stated that persons were allowed to go in and open the vault and that it would have been easy for anyone to have dropped all the names that were desired in the box. The challenge was overruled. Court then adjourned until 1:30 o'clock.

MAY ASK A CONTINUANCE

During the noon hour the names of the four witnesses indorsed on the information and the general character of their testimony will be submitted to the lawyers for the defense.

"It may be," said Senator Hessin, "that the character of their testimony will force us to ask for a continuance, as we never heard of these witnesses before and know nothing of them."

As was expected, the trial is attracting unusual attention. As early as 6 o'clock this morning the Grier hotel office and its spacious veranda were crowded with men. Of course the trial was the exclusive topic of conversation. A few summoned as veniremen mixed with the crow, but it was noticeable that they refrained from talking. The bulk of those around the hotel were persons directly interested in the trial, either as lawyers or witnesses. Broad spreading white felt hats were in profusion, their wearers having the walk peculiar to cow punchers whose feet are adorned with high-heel boots. Of all those about, there was not one so far as could be observed who carried a revolver. If any of those "shooting irons" are carried they are not visible. There is nothing that would indicate it.

DEWEY SHOWED NO WORRY

Dewey, faultlessly dressed in a suit of dark rough material, strolled about a great deal more unconcerned than were he a delegate to a district convention for which this short grass town is famous. A small watch chain ran from one lower waistcoat pocket to the other, while a thirty-second degree Masonic charm dangled from its middle. If Dewey is worried over the outcome of the trial he does not show it. There is not a line of care on his face. His manner is that of a well bred man whose rearing has been by gentle folk. W. H. McBride and Clyde Wilson mixed freely with the crowd. None of the defendants was dressed in cowboy garb. McBride and Wilson were as free from care as their chief, Dewey.
(Kansas City Star ~ February 3, 1904)

IT'S A DEWEY ACQUITTAL

THE JURY IN THE KANSAS CASE OUT 28-1/2 HOURS

Three Ranchmen Declared Not Guilty of The Murders of Burchard Berry, a Settler, Near Norton, Kas., June 3, 1903

NORTON, KAS., MARCH 19---Chauncey Dewey, Clyde Wilson and W. J. McBride, accused of the murder of Burchard Berry, near here, June 3, 1903, were acquitted at 9:30 o'clock tonight. The jury had been out twenty-eight and one-half hours.

The killing of Burchard B. Berry, David Berry and Alpheus Berry, June 3, 1903, by Chauncey Dewey and his cowboys was more than the result of personal enmity. The charge of murder was made in the case of Burchard Berry only. It was an incident in the rapid settlement of Western Kansas which brought together the antagonistic elements of ranchers and agriculturists. Years ago, the settlers of the country were chiefly cattle raisers who rented government land at a low price or owned thousands of acres of their own. If grass was scarce on their own lands, the extent of unoccupied territory of doubtful or distant ownership seemed to warrant the use of grazing rights indiscriminately. Then came the pioneer farmers. They began to fence in land to protect crops from cattle. Immediately the two factions clashed. The farmer alleges that the ranchers broke down their fences and destroyed their crops. The ranchers accused the farmers of killing their stock. Both sides carried weapons. Both sides made threats. The natural result of the situation came June 3, 1903, when the typical representatives of the two factions fought to the finish and the three Berrys were killed.

HOW THE TROUBLE BEGAN

In the case of the Dewey-Berry trouble, the Deweys came to the county after the Berrys and became wealthy where the Berry's success had been moderate. This is alleged to have caused friction. The beginning of the trouble between the Berry and the Deweys was a foreclosure suit that C. P. Dewey had instituted against Berry. Berry settled in Cheyenne county, in 1885, over the line from Rawlins couty, not far from where Dewey's ranch house now is. Berry borrowed money of Eastern men on his land, and when the boom collapsed in 1887 he was unable to pay. The Eastern men did not place much value on the mortgage after the collapse of the boom, and Berry hoped to compromise for a small sum. The debt ran along without payment of interest or principal, and in the course of time the paper was offered to Dewey, and he bought it.

Then he foreclosed and obtained a decree before Judge Gier, but Berry refused to surrender and successfully resisted all suits to eject him. This litigation has been going on for some years, and between suits there have been collisions between the two factions. Both went armed, and that the end of it would be bloodshed nobody has doubted. Berry said that the Deweys had attacked his house in the night, and pointed to bullet holes to prove it. The Deweys say that there was no attack and the bullet holes were made from the inside. The incident that led directly to the killing was an attempt of Dewey's men to take a water tank from the Berry place. The Deweys said they had an order of court for the tank and wanted to take it peaceably, but were resisted.

The Berrys alleged that the Deweys fired first. Roy Berry, who was shot through the jaw in the fight, testified that the Berrys went to the place of the shooting with no idea of fighting. He said they rode quietly into the yard of the ranch and walked toward the Deweys with no threats or movements to cause alarm. Roy Berry said that, without warning the Deweys began to shoot. The three men killed fell where they stood and Roy, according to his testimony, ran to a barn several yards away for shelter. He said he fired after running away. This shot, according to Roy Berry, was the first shot fired by the Berrys. He said he did not fire at anyone in particular and testified that the shot killed one of the Dewey's horses.

THE EXPERTS DISAGREED

Several of the witnesses for the defense testified that the Berrys advanced in a threatening manner and one of them had one of his hands on his revolver. Witnesses testified that Chauncey Dewey warned the Berrys not to approach in that manner, but that the Berrys persisted. The Deweys alleged that the Berrys fired first and that the Deweys fired only in self-defense. The Deweys also alleged that shots had been fired by Burchard Berry, David Berry and Alpheus Berry, or at least by one of them. To prove this they brought an expert in firearms from Topeka who testified that cartridges found in the revolvers of the dead men had been placed in the weapons after the fight. The bodies had remained on the ground sometime after the shooting and the theory of the defense was that chambers of the revolvers emptied in the fight had been refilled with cartridges in order to make evidence to show that the dead Berrys had not fired at all and that the only shot fired by the Berrys was that by Roy Berry, who fired while running away from the Deweys.

The state introduced an expert witness who testified that dark spots on the cartridges i the dead men's revolvers were made by exposure to damp air and not by powder stains left by a previous discharge of the revolver. This expert testified in a manner to prove that Burchard Berry, David Berry and Alpheus Berry had not fired.

BOTH SIDES HAD THREATENED

Much of the time of the court was consumed in hearing testimony about the reputation of the parties to the suit. There was plenty of evidence that both sides had been "looking for trouble." Witnesses testified that each party had threatened the other, and this evidence was contradicted by other witnesses. There was much confusion on this point.

Immediately after the shooting there was talk of lynching the Deweys, who collected all their cowboys in the headquarters ranch house and prepared to fight. The situation was so dangerous that the militia was ordered out and marched forty miles across the prairie from Colby. The excitement subsided and the accused men were freed on bail.

The Dewey ranch includes a whole township, or about 40,000 acres, in the corners of four counties, and is fenced and cross fenced. This is a vast range of itself, but the small cattle men say that Chauncey Dewey also fenced government land contrary to law. They assert that the Deweys have a "stand in" with the special agents of the Interior department, among them a Kansas state senator of an eastern county. The government is investigating this phase of the question.
(Kansas City Star ~ March 20, 1904)