Bismarck daily tribune., 1902-12-19
ARGUMENTS 10 The JURY. !.
Arguments Of the Attorneys to the
jury Began in the District RI
Court This Morning.
Court Orders Most of the t testimony
as to Reputation Stricken
From Record. 5.5s

Attorney Allen Opens for the State
This Morning, Attorney Reg
lister and Nye Follow.
Arguments in the May case began at
the opening session of the district
court today Prior to the argument
Mr.. Allen renewed his motion to have
all the testimony as to the defend nt's
reputation striken out, supporting his
motion with recent decision OF the
] supreme court on the questio The
motion was granted with reference to
all that testimony given except that Of
VI .B. Taylor.
Mr.. Hen then made his opening adj
dress to the jury. He alluded to the
matter of reputation briefly. saying
that crimes had been committed in all
ages, and by men of formerly unin-
peachable reputation The motive
) for such a crime ais this must be the
graft cation OF some desire before
which all previous reputation was
swept away. He asked the jury to do
Justice to the dead as well as the liv-
ing. He alluded to the fact that the
state had been handicapped by the evil
dent dliness of the wife of the de-
ceased and her relatives to the defend
ant, a condition which, he said, was
6 not often panhlleled. The state had
no object in producing any perjured
or false testimony to punish the man
May It merely desired to see Justice
done.
. The testimony OF the phy clans he
took UP and analyzed. If Drs Quain
and Matchan had told him after the
first autopsy that they Thought this
fracture OF the skull was produced by
q fall, conside dering all the SUIT ounding
( circumstances, there would have been
no case brought by the state. Their
evidence in this case was given in good
faith They had been brought in and
compelled to testif to what was true.
DIR. Sweeney received a large fee for
tesFfying and would not have been
put on the stand unless he would tes-
fifty to what the defendants attorneys
! wanted He said the doctors testi-
1nlony as to the direction of the blow
was admitted to be not as accurate as
lit would have been if he had been at
1 the autopsy Drs Quain and Matchan
Z were the1'e. The testimony Of the
doctor also inferred that the witness
y had struck some broad, fiat object.
When PINNED down by the state, he
Z Ind given dimensions of such an In
strlment as two and a half inches or
more long and an inch wide. What
G Instrument was OF about this size
The pole Of an ordinary axe. Possibly
the defend ants witness had furnished
the clue to the instrument with which
Harry Hibbs was struck. Let the
\ members OF the jury take the severity
or the injuries to the skull into consid-
II eiaHon and ask themselves IL a man
could have been conscious afterreceiy-
4: ing such an injury Could he have
bleds at a place two feet from the well
and then have moved back into the
wei. Was It natlaal to suppose that
q man orderly and careful about the
ranch as Hibbs was would leave
boards OF the cur'b loose when he had
Repaired about the we'll only the pre-
y vfolls afternoon The stories of the
defendant about the milking and the
ssiepa ir'lng the pulley bore evidences nf
ralsehood The theory OF the state
4 was that FIlfbbs had probably been
8 mi king but that the interruption 81
4 that was that he had been struck a
blow while leaning over, and then
dragged by bhe defendant out to the
4 well laid down while the well cover
4 was opened, and then flung into the
4 well This would account reasonably
fof the blood outside the well, on the
boards and. the other circumstances.
\ othing had been said about the blood
son the boards or about the well to Cor
oner White or Hlibbs sr.. by the de.
\ fendant The cards shown them had
90 blood on them Were these not
also videnees to be taken into sconsid-
GRAFTON By the jury
ne explained the workings of the
4 bucket and pulley and explained why
the state believed it impossible for 4
4 state of facts to have existed such as
stated by the defendant The bucket
would have been fat. mn der tllle waiter.
When Hibbs had fallen, as3it was shown
that it would sink Immediately upon
ioosening the pulley The story aa to