Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-12-18

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sought to have this stricken out, as an
Inference to the jury that the state die
NOT put the witness on the stand be-
cause fearful of his testimony. The
court held against him and allowed the
record to stand.
6 3. G. Field. jerry Sweeney, Job
Taylor and Jeff Woodmansee were
then called as witnesses to the good
character of the defendants reputa-
ton for peaceable and as to his
reputation as a law abiding citizen.
Each stated he had known the defend
ant fol. years and that his reputation
was good. There was considerable
argument over the admission of the
testimony of these witnesses. Cross
examination sought to bring out that
the statements of the witnesses were
founded entirely upon their own opin
ions and that they did not understand
further than this Mr.. Field was In
c1lined to think his knowledge of the
defendants S reputation was founded on
his own knowledge of the man. He
said, however, that he had talked to
several persons about Mays reputation
and based his staten ents partly ON this.
Mr.. Woodmansee stated in answer to
questions that he founded his state
ment ON his own knowledge of the
man and that he had never heard any
thing against him. This last state
ment was stricken out. Mr.. Allen
then argued that the whole testimony
ct the witness ought to be stricken out,
for the reason that it was merely a
personal opinion and did not affect
the matter at all. Mr.. Nye said the
discrimination was a matter for the
jury and the court allowed the record
to stand.
B. f. Scovil, j.. j. Jackman, S. A.
Hogue, VIM. Nelson, Thos. Fortune
and w. L. Watson were called and
gave similar testimony as to their
opinion of Mays good reputation, is
peaceful and lawabdding citizen.
Mrs. Hibbs then took the stand She
produced the pulley, that she was sub
poenaad to bring, was asked to iden-
tify it as the one in use on the we'll
on january 10. The state objected
| Witness said she could not tell if it
was the same ONE or not. She did
net see it taken away. A notch on
the pulley she identified having been
made by Hibbs, sr. The defense Of
fered to show that to the best of the
witness knowledge, it was the pulley
that was in use at the we'll. The
offer was denied
ii Clerk of Court, Shelton took the
stand and identified a pair of overal1s,
placed in his custody by Justice Tib-
bills. They had been placed there iii
the case of the State against May.
Did not know where Justice Tibbi;s
got them. IF
Mrs. Hibbs was called but could not
Identify the overalls positively She
could not say they were the trousers
OF jeff May, worn at the time of the
death of her husband.
+ John White was called. identified
the trousers as having been found by
him ON the ranch. Iverson had told
him they were Mays pants. This
was stricken out. On cross -examina-
ton he said he identified them by
stains from the knees down.
| The defense closed its case this af-
ternoon at half past three o'clock, after
John Logan had testified to his opinion
Eof the defendants good reputation, and
Iverson had identified the trousers
worn by May which were put in evil
denlce. The state then asked for a
recess until tomorrow morning, as
there might be some testimony in re
buttaA desired to be put in. An ad-
journment was then taken until 8
o'clock tomorrow morning.