Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-12-18
Defense CLOSES ( ASE. !! s
Dr.. sweeney's Cross Examination oc-
cupied Most Of the Afternoon
Session "Wednesday.
Witness Specifies the Minimum Size Of
the Object w th Which Injury
Was inflicted.
Testimony Of Witnesses as to the Rep
utation Of the Defendant is
.ss. Taken Today.

Sweeney, medical expert for the de-
Tense in the May case, occupied most
of the time yesterday afternoon. Mr..
ALLEN sought to dTaw from the witness
a positive statement as to whether or
not in this case, considering the sever
Sity OF the fracture of the skull, Hibbs
had on had not been Immediately
knocked unconscious. The witness
STATED he might have been or might
not have been. States Attorney Allen
repeated the question endeavoring to
get the witness opinion in this partic-
ular case. Witness stated that, he did
not know.
The doctor said he had never seen a
fracture just like this one He could
not say if the majority of such frac-,
tures produced immediate unconscious
ness. He considered it a very severe
fracture 1t might have been made
by one orsseveral blows.
He was then asked if he considered
it possible for a man to fall twenty
five or thirty feet, strike his head on a
well bucket as was suggested by the
defense in the direct examination, and
not to produce an abrasion of f.the skin.
He said if the bucket had a sharp edge
there would probably be an abrasion.
It would not4be impo possible for man
to faM that distance. receive such an
injury and not receive an abrasion.
IT was very probable however, that
there would be an abrasion.
The witness was then asked to take
the skull, hold it lin the position it
would be when a man was standing up,
and, using the edge of the desk before
hm as. the we'll curb, show how such
"a fracture of the skull could be re-
eeved. The witness illustrated how a
man could fall to the left, turn partly
around and strike that part Of his head
on the curb. He did not think the OPP
posite side of the head would strike
first as the shoulder would prevent.
He WAS then asked if he could not
could not have given a more accurate
opinion as to the matter if he had been
at the autopsy. He thought that was
possible. The matter OF cushion
between the object that inflicted he
injury and the head itself was then
gone into, as accounting for the lack Of
- II
an abrasion He explained why he
did not think small abject with j
cushion between would produce such
injuries as were here present. He
stated also that it was not necessary
that there be Iaceration Of the tissues
and ecchymosis above all portions Of
the skull about the fracture. There
( would be ecchymosis over the point on
greatest contact and where the tissues
were fuller.
Flinally asked to state in measure
ments about the kind OF object ON OF
with which he thought the injury was
Indicted. he stated IL as an instrument
not less than 2!4 z to 2sA inches in lineal
length. The hole in the: skull where
the greatest fracture was he measured
with tape and gave as 111as BY / inch
He could not tell the exact shape Of the
bject He knew from the several
fractures that it must have at least ]
linear length as stated. It was not q
very broad instrlmen probably. 4s
In answer TO questions the doctor
Explained ait length why he did moi
think the injury was inflicted by i
sledge hammer He also explained
why ihe did not believe 1t was possible
that lit was made with a hammer One
was too large, the other too small. Il
might have been caused by striking on
Z a 2x4 Did not think a monkey
wrench would have caused 1t. Final,
he placed the dimensions Of the objecI
that caused the INJURY as not over al
inch wide and not less than 21A to ~!
inches long 1T might, of course, have
been longer than this. He did no
think it could have been done with 1
pickaxe Was asked III he though,
man conlss have struck another viii
"a 2x4 and inflicted such an injury. Hi
said lte did not see in what position !,
\ man Could hold q 2x4 and do 1T Mr.
Hen then suggested that the on1,
way g 2x4 could have inflicted such al
4 injury was when standing up Ia q well
There followed discussion about til,
possibility of its being done on the cor