Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-07-14
may ADMITTED 70 BAIL.
Order Made in the District Court Ad-
57 hitting Jeff May to Bail in
the Sum of $4,000.
Inability to Grant Defendants Request
for an Immediate Trial of " n
the Case the Reason.
Other Business Disposed of at the
Term of the District Court
Opened Today.

District court was convened by
Judge Winchester this morning for
the purpose of calling the calendar,
disposing Of some of the civil cases
and making arrangements for the trial
of criminal cases. States Attorney
Allen stated to the court that it would
be practically impossible for him to
try the cases in August Or the early
part of September. He was a sufferer
from hay fever. and it would be diff
cult for him to remain here and trv
the cases at the time stated. So far as
he was aware the principal injury that
would result from a postponement of
the trial of cases to the regular term
would be to jeff May, the defend Int
in the murder trial. who is charged
with the murder of H. G. Hibbs. This
defendant was entitled to a speedy
trial, but under the circumstances, the
state would not oppose the granting of
bail in this case. The bail would be
large, Of course. but it was believed
Mr.. May could give bail, and in this
way obtain his liberty until the trial
of the cas- at the regular term. No
n could be harmed by this arrange
ment unless it might be the state. as
the case of the state might be pref
udiced by the fact that bail had been
accepted. Under the circumstances,
however, this should not be, as when
the cas- came into court it would be
tired on it's merits and the matter of
prejudice for any cause should not
arise.
Attorney Register, for the defense,
said the defendant had some rights
that should be considered and among
them vas that of a speedy trial. He
desired to be tried as soon as possible,
having been already incarcerated
several months. If bail were granted
and he obtained his liberty, the trial
could go owe to the regular term Of
court without injustice to his client.
He thought the defendant could give a
$4,000 bail, but if it were fixed at a
higher figure, it could not probably be
given. The defendant was possessed
of property worth $4,000 to $4,000.
and would probably be able to give a
$4,000 bail bond. The matter was
taken under advisement.
The old liquor cases. brought several
years ago by State Attorney Allen and
Attorney General Cowan were still on
the calendar and States Attorney AL
len said he desired to move that those
cases. in which he was a prosecuting
officer, be dismissed. He did this. he
said, for the reason that the n%uisances
complained of had been abated. The
object of the prosecutions had been at
tanned, and he was satisfied that none
of the defendants would ~re-enter the
business complained of. Upon the
payment Of costs by the defendants he
was willing that the cases be dismiss
ed. The court thought Attorney Gen
eral Comstock should be heard, as
representing the state, and it was
agreed that he should be heard from
at the afternoon session.
Several civil cases were dismissed.
The case of Mrs. Slaughter VS.. the city
of Bismarck, stricken from the calen-
dar at the last term, was r%einstated.
This afternoon in the district court.
States Attorney Allen said he desired
to withdraw his offer of agreement tc
admit the defendant, Jeff May, to bail
until the November term of court. He
thought the agreement of the state
might be misconstrued. If, however
the trial could be arranged for earlier
say in September, he was willing to
agree to admit May to bail. Attorney
Register stated that his client would
like a trial by August 1, or to be adj
mitted to bail. May was brought into
court and the information read to him.