Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-12-16
the uanch after Hllbbs death, when he

.TN- - Z
went out to investigate
At the opening of court today w. B.
Hibbs resumed the stand. He testi-
fed to receiving his sons watch on
the day the arrived at the ranch which
he turned over to Fred Strauss for re-
pairs
The Witness was then questioned as
to the disposition OF his son, regarding
fearlessness as testified to on the pre-
vlous day. Mn. Hibbs was asked as
to his sons Judgment in matters in
which he had displayed fearlessness.
The defense objected and the court
ruled out the question. Mr.. Allen then
moved to strike out THAT part of the
witness previous testimony regarding
his sons feaTlessness. There was an
argument between the attorneys ON this
point. The record was allowed to
stand by the court.
Fred Strauss testified to the condi-
tion Of Harry Hibbs' watch which was
left with him by Mr.. Hibbs. The de-
fense objected to questions regarding
the watch, but WAS overruled The
watch, Mr.. STRAUSS said, was badly
rusted. He did not remember what.
time the watch indicated Witness
cleaned and repaired the watch. The
watch was rusted from immersion in
water. He could not tell how long a
watch ! like this immersed in water
would rum. Witness produced the
watch. Explained why it would be
impossible to tell how long a watch
would run when Immersed in waiter.
No cq,oss1examination
Henry W. iRichholt testified that he
was a member Of the coroner's Jury.
Had been at the Hibbs ranch in that
capacity. Examined the well and
sllrro dings. Ground on the east
side OF the we'll was rather smooth.
The defense objected to this testimony
as relating toa time after the death
of .Hibbs. The witness said there was
ice there, but was not allowed to say
whether smooth or rough. States At
torney Allen argued that he wanted to
show the general condition of the ice.
as being generally the same, under the
same conditions.
Witness said he had unlocked the
pulley several times. AS soon ais he
unhooked the bucket began to sink.
Had thrown the pulley down On the
ground and the bucket had drawn It
right UP to the well and would have
taken 1T down. If 1T had not been
Caught, The curb was smooth or Is,
inside. Witness said he stood ON the
barrel when he unlocked the pulley.
A general description Of the well and
cover was given. The cover was fas-
tened ON the west side ;when UP and
falls to the east. Witness was at the
coEoner's Inquest and heard state
ments made there by the defendant.
Was asked if he heard the. defendant
pulley could be reached by Mr.. Hibbs
when standing on the cover of the well.
He was then asked what the defendant
had stated. The defense objected.
Mr.. Nye said that If any part of defend
ANTS testimony was relaIed, all of it
should be received on the same point.
Mr.. Allen said the state did not want
to introduce all the testimony taken
before the coroner's jury There was
too much of it that was not legal tes-
timony that should be presented before
the present jury. Mr.. Nye insisted
that df any part of the defendant S
testimony ait that examination before
the coroner was presented, the state
should give it in its entirety and not
in part Mr.. Allen said he would
Withdraw the question, and he would
so over the record with the defense
4 and agree upon those parts of the rec
ord to be presented. ,9.
! The cross-examination of the wit
i ness was brief, and devoted TO the well
. and its slrrro dings, the cover, fasten-
ings, pulley and other atT1pulte nanlces
Mr.. Iyeason was recalled to testify
as to the we'll cover, and it's fastenlings
.ltAlso explained how the well was left
| ait night. The principal point brought
out ON cross-examinlation was that the
rope might be fastened at one corner
4 of the wdl where bhe snatch block was
to keep the bucket ait the top OF the
lwater at might, although he said his
usual custom was to fasten the single
q tree at the fence
Mrs. Hibbs was recalled and asked
I as to the position Of the singletree on
4 the morning of january 15, when she
4 first went out to the well. She said
\ it was on tGe ground, she did not re,
member just where. The cover Was
4 up and Fastened with wire to one pole
OF the tripod.