Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-02-15
Still ON The STAND
Mrs. Maytee Hibbs Still on the Stand
in the Preliminary Examination
Of Jeff May.
Attorneys For State and Defense Have
Vigorous Clashes as to Admission
Of Testimony.

Vigorous Clashes as to Admission
Of Testimony
Clashes between Attorneys Allen and
Register were frequent this morning
when the hearing of the May case was
resumed. Just before the noon adj
jolrnment one of the hottest argu-5
ments of the morning was had when
States Attorney Allen asked the wit
ness, Mrs. Hibbs, widow of the late
Harry Hibbs, regarding the relations
between her and JEFF May, the de-
PENDANT in the case. Mr.. Allen asked
whether she and May had talked over
the fact of her husbands jealousy Of
May and whether it was not a fact
that she had decided to leave her hus-,
band this spring for Jeff May. To.
both Of these questions the witness
answered in the negative, after attor-
ney Register had objected vigorously
to this line of questions as improper
and incompetent. He said the states
case was built up solely on theories
and suggestions and that it was time
to get at the facts without indulging
in any o speculations. Attorney
Allen said the questions were proper
as showing motive, and Justice Tib-
bills overruled the objections of the
defense.
The witness was again on the stand
all the morning and her cross-exam-
ination by the defense was concluded
shortly before IL o'clock. Justice
Tibbils would not permit the defense
to show by the witness what was the
Of the curbing for the few
days before Hibbs met his g
The state objected to questions along
this line as not proper cross examina-
ton, the matter not having been
touched upon in direct examination,
while Attorney Register argued the
well had been talked of, and it must
be considered as one object and not
in separate detail. Mr. Register also
asked some questions tending to show
that some person might have gained
admission to the hayloft of the barn
during the night and secreted himself
there without the knowledge Of the
witness or the other persons about the
place. On redirect examination Mr..
Allen asked if it was not a fact that
il any person had secreted himself
there and had harmed her husband.
this must have been done during the
time between the time May came into
the house with the milk bucket and
the time he went out to search for
Hibbs, and Attorney Register objected
to the question as calling for. a conclu-
sion Of the witness and ii was with
drawn.
The witness was again on the stand
this afternoon.
The principal incidents in the hear
ing of the May case before Justice lib
bills yesterday afternoon was the in
PRODUCTION in evidence Of the cap
claimed to have been worn by Harry
Hibbs on the morning of his death.
The cap is a fur one, known as a Klon-
dixie cap, and it's evidence was based
upon the testimony Of States Attorney
Allen who took the stand and ques-.
toned himself regarding this cap.
He stated that he was present at the
examination before the coroner's. jury
and that Mrs Hibbs at that time iden-
titled the cap, as the n worn by her
husband. He said the same had been
in possession Of the states attorney
since that time. Attorney Regist
objected ~strenuously to the admission
Of the cap in evidence. He said the
testimony showed the cap was not in
the same condition it was the morning
it was found at the well. That it had
been worn by Louis Champagne for
the day after it was brought to town,
-A4}6&SE ,SF-4=E+EsH.g
and that there has been opportunity
10 tamper with it. This case was a
serious one, and a human life could
not be weighed by such insufficient
and dangerous evidence a this. He
objected to the introduction of the cap
on the ground that it had not been
identified and on the further ground
that there had been opportunity to
change the condition Of the cap.
States Attorney Allen responded that
the state was supposed to have con-
fdenee in its officers and that as the
cap bad been in his possession, the
Inference must be that he had lamp
cred with it, a conclusion that was
Lot justified by the facts in the case.
He said the cap should be receive
for what It was worth as evidence.
The cap was ordered received in evil