Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-02-21

IL. Champagne. Still on the Stand,
Regarding Various Details Of
the Case.

Testimony in the May ISL was re-
stunned this morning before Justice Tib-
bills. The witness, Louis Champagne,
was still on the stand under redirect
examination. The first testimony
taken was with reference to accidents
that had happened to Hibbs prior to
the time he is alleged to have fallen
into the well, on the day of his death.
States Attorney Allen asked if the wit
ness had ever known Hibbs to have
fallen at any time before the time he
fell into the well. Champagne stated
that he had known him to fall a num-
Der Of times, but the only times, he
knew of was once when he had fallen
from the barn while building it and
another time he had fallen from a
horse. He had heard of other acct
dents, but did not know of them.to his ,
own personal knowledge. Attorney
Register objected to this testimony as
proving nothing, but Attorney Allen
said the defense had endeavored to
bring out that Hibbs was a careless
man who might have met with acct
dents and the state desired to show the
facts in the case.
The witnesses then asked as to the
examinations he had made at the ranch
when he went there February 2,
whether he had see any hammers and
monkey wrenches. He had seen a
wrench but did not remember whether
he had seen any hammers Or not. He
had looked about the barn and a little
about the house, ito see if there was
anything that would awaken suspi-
cion. He saw no blood in the corral
or any boards with blood on them.
There was a long examination with re-
gard to the statement nf the witness
that the bucket id the well would not
sink of it's w accord when he was at
the ranch in June, 1901, but would sink
the last time he was there, if the pull
ley at the top was loosed. States At
torney Allen asked the witness. with
regard to his previous statement that
there were a hundred ways that a man
might have fallen from the well, that
il Hibbs had fallen while unlocking
the pulley, in such a way that he had
struck and a pool Of blood had flowed
from his nose, eighteen inches to two
feet from the curb. on the east side of
III we'll, was lit not a fact that he
could have fallen only in one way to
have worked such a result. Attorney
Register objected to this and States
Attorney Allen said he desired to elm
mate all the other ways that a man
might have fallen and bring the mat
ter down to just one way. The wit
ness was allowed to answer but said
he did not know. l<%
The witness said he had not seen any
hay in the north room of the house the
day he got there after Hibbs' death, but
had seen some taken from the stove.
He could not say what kind of hay it
was. He said there was hay in the
corral where the we'll was that had
been dragged there by the calves that
fed around the manager.
Testimony was then taken regarding
the cap worn by Hibbs on the morning
that he met death and that was after
ward worn by Champagne. He was
asked whether he had mutilated the
cap in any way. and said that he had
not done so Intentionally.
He was then asked if he had struck
the cap with an instrument and said
he did not know whether it had been
struck the day he wore it down to the
woods OF not. Brought down to the
question of having struck the cap in
any way himself. or allowed any one
else to do he said he had not done
so and that no n else had done SO
to his knwledge. He had worn the
cap a day and three-quarters and it
was then thrown down in a corner of
the house until it was picked up by
his wife. .
The cross-examination of the wit
ness continued this afternoon.