Bismarck daily tribune., 1902-02-26
MAY is HELD FOR TRIAL.
Jeff May Held Without Bail to the
District Court for Murder Of
H. G. Hibbs.
Preliminary Hearing Concluded at
Seven O'clock Last Evening
and May Held. RI
Attorneys Make their Arguments Pro
and Con Upon Completion of
the Testimony.

The preliminary hearing Of the case
against jeff May was concluded at
Z o'clock last evening and ait the con-
clusion of the case, Justice Tibbils or
dered the defendant held without bail
to await the, trial in the district court.
The testimony in the case was con-
cluded at a little after o'clock and
the attorneys took up little more
than an hour with their arguments.
In the afternoon the state put in evil
dence the handkerchief with blood on
it found among Mays clothes at the
ranch, the pants found there also,
with spots from the knees down re-.
sembling blood, the wrench found neal.
the well and the pieces of board, with
several blood marks across the width
Of them, which came from the curb
ing of the we'll These exhibits were
identified by Coroner White.
Mrs. Hibbs' testimony was the last
to be concluded. About the only new
matter brought out in the close of her
testimony was with reference to calf
having broken it's horn in the corral
near the ranch some time after Hibbs
met his death. This was brought out
by the defense, on cross examination,
the witness stating that Iverson had
told her that the calf had broken it's
horn and pointed out the calf. This
was at the time of her second visit to
the ranch, and the accident to the calf
happened before then. Attorney Reg
lister said he brought this out to show
that there were other ways in which
blood might have got on the boards
lying about the corral, which were not
brought down from the ranch until
the second trip Of the coroner.
On redirect examination States
Attorney Allen again went into the
question of the relations Of May and
Mrs. Hibbs and asked the witness
whether her late husband at the Ross
ranch, in the presence of J. B. South
mayd and the defendant, said to her
when May had offered her some candy
and she had at first refused to receive
1t: Take it, as you know your best
lover is Offering it to you.'' The wit
ness denied that any such statement
had been made. She further said
that he had not said anything border
ing on that subject at all.
The witness said the arrest of Nav
had not influenced her at all in making
the settlement with Mr.. Hibbs. sr
which she said was made the day after
Mays arrest.
Attorney Register stated after the
case OF the state had been closed that
he would put in no defense at this
tlme, but desired to address a few
words to the court in behalf of his
client. He said that in his mind no
sufficient proof of probable guilt had
Deen advanced by the state. One Of
the strongest matters appealing to his
mind in the case was the fact that the
fracture of the skull of the dead man
mad not been discovered until the body
had been buried and exhumed. giving
ample opportunity to tamper with the
body The fact that nine days elapsed
must throw some doubt as to how and
when injury was inflicted. The de-
tendant had been subjected to rigid
inquiry at the hands of the authorities
out nothing tangible was found to lead
TO suspicion until this fracture was
found in the head. AS to the circum-
stances stances in the case, what did they sig
nlfy? Did the fact that the cattle in
the corral We're standing in one cor
ner looking at the we'll when the de-
1endant and Hibbs wife got there sig
nlfy anything? The experiments
made by persons at the well afterward
with the cover down threw no light
on OF how body would fall accidentally.
Win N the the cover up. It was the unex-
pected that happened in accidents
The defendant did not pretend to
know how that accident happened. like
everyone else he simply conjectured.
lhe fact that the bucket would sinl,
shows nothing. There were manv
ways that the rope might be entangled
ana hold the bucket up at the ton of
the water on that morning. The an
pearance of the curb and the position
OF the articles about there threw no
llght On how the body might have
Ia. Ialien. en- The state, to establish a case
must exclude every possible hypothesis
of innocence. mn The pants. the handker-
/, chief, chlef, the barrel or any other of the
seShlb BITS proved nothing as to how the
\ accident 'a'e' l happened. The fracture was
the most imp portant matter in the case
and and even the doctor when asked re-.
garding that and how it might HAN
happened, said he could not tell. The
state had III