Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-12-17
.SIAI|I RESTS lis / ! gASE.. !|
State Rests its Case IN the May
Trial in District Court at Morn
ing Session.
Attorney Register Makes the Opening
Address for the Defense This
Morning. .5Ts.
Louis Champagne the First Witness
for the Defense News of the
Court Session. 7s

1COlIItG 10 UMSAI d NSIuINI III sUCAAanA VI
the defendant on the ground that the
state had failed to prove a homicide,
and, if amy homicide has been shown,
had failed to connect the defendant
with it. s;sf S..55 ..5
Evidence shows that III. G. Hibbs
was dead at noon Of january 15. There
he contended the case for the state.
ends. State must prove case to the
conclusion of every theory OF inno-
cence. Both physicians testify that
the Fracture could have been caused by
a fall Both witnesses leave this door
of innocence open Criminal agency
must be proved, before there is any.
occasion to inquire as to the connec-
ton OF the defendant with the matter.
Hbbs was drawn out Of bhe well eighty
feet deep, with bruises upon parts Of
his head and body. This raises STRONG
presumpt ption of accident. This inn
posed greater necessity on the part Of
the state to overcome this natural pre-
sumption He cited: authorities in.
support of his contention.
Mn. Allen opposed the motion stat
ing that state had presented ample
proof for the case to go to the jury.
The jury had seen the we'll and the
rrounddngs. The state contended
There was nothing about that we'll
where such a fracture could be OBJ
tanned Decision in the matter was
reserved by the court until the morning
session OF court.
The state rested in the May case this
morning Judge u Winchester then de-
MED the motion sof the defense that a
verdict Of acquittal be directed.
Attorney Register opened the case
for the defense. The evidence, he said,
would show that May and Mr.. Hibbs
were good friends that they occupied
a, common range; that at times the
two exchanged visits; that the defend
ant was invited to the Hibbs ranch,
going there Saturday before the death
to remain during trip Of Hibbs to
4 Bismarck that Tuesday morning he
went to his fathers place: that the
diary would show the intention Of
Hl'bba to come to Bismarck. The tes-
tfmony as to the mornings incident
would be about as already stated; that
May went TO the barn after Hibbs:
that Hibbs undertook to milk the COW
and spilled the milk
1t would appear that the pulleg was
out OF repair; that May went into the
house. went in and waited; that he
went to the well then, substantially as
& shown by the state.
III The defense would show that all
Mays acts were Inconsistent with
guilt. It would appear that t..the wife
I of the deceased cooked bread for May
during their stay in Bismarck; that
breakfast was cooked that morning
but was not eaten; that the stomach
OF Harry Hfbbs contained no food; that
{, all the circnmst stances were such as
Il could not have been fabricated. The
we'll was a dangerous one; the Ice was
sss in Ridges and there we've rough places;
calves had free access to the we'll. The
fracture OF the skull would be further
gone into, and an expert for the defense
would show fuat her how it Nigh oc.
cur A man falling from q table O
E barrel about a wel1 might infitct al
! most amy extent OF injury The STATE
must show that this fracture could moi
i have occurred by natural means.
Testimony would show there was !
jog In the we'll. The Fracture might
have occurred In falling down the re u
There were ice, boaTds, a well buckle
and sli jog. ON any one Of which this
fracture might have been inflicted.
No motive had been shown for this
alleged crime, and in cases Of This kini
some reason must be shown for ths
{ probability of such q crime as charged
LIQUIDS Champagne was the first wit
ness. He was related To Hibbs b!
marriage. knew May, the defendant
lived at the ranch with Harry severa
times: was at the ranch about Au..;s:s
L 1, before Hibbs' death; worked a. th,
Ross ranch two years ago; May wa
there during that time; the families
of May and Hibbs were intimate AM
friendly
Was at the Hibbs ranch when th,
d well was dug; the we'll was about 4