Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-12-06
JUROR allen is EXCUSED.
Juror Joe Allen Excused From the Jury
in the May Case After Ex-
animation.
"A Number Of Other Veniremen are Elk.
amined Without Adding to the
Number If Jurry1n,en.

which occupied much of the time in
district count yesterday AFTERNOON, was
this morning challenged for cause by
the state and excused from further
duty on the jury. The challenge OF
1.-THE state was allowed after several
witnesses had been sworn relative to
Mr.. ALIENS qualification as a juror.
In his first examination the juror had
stated THAT he had not formed or ex-
pressed an opinion in the case. This
morning H. w. Richholt was put upon
the stand by the states attorney, to
testify regarding this matter. Mt.
Richholt stated that he had been a
member OF the coroner's jury which
had inquired into the death Of Harry
G. Hibbs. AS a member OF the Jury
he had made a trip ,tO the Hibbs ranch,
and had stopped at Joe Aliens on the
way. While there Mr.. Alden had ex-
pressed an opinion regarding the a
Witness Said that Allen had stated that
he (Allen) believed the members of
the jury were on the right track and
that he took no stock in the report that
Hibbs had shipped into the well. Allen
had also stated that lie could put the
jury on the track of a man who could,
throw some light on the matter Of
H1bbs' death and had commented upon
the fact that May and Mrs. Hibbs had
seemed Ito care little about Hibbs'
death.
On cross4e1amfnation the witness
said Allen claimed to have no personal
knowledge of the matter, and had not
been ait the Hibbs ranch. He (Aalen)
had seen May and Mrs. Hibbs when
they came down from the ranch.
CHARLES Wachter, also a member OF
the jury, gave testimony to the same
effect as that OF Mr.. Riohholt. AS
NEARLY as witness could remember AL
lens statements when they were ait
his house, wer boys, I am glad
you came up. This matter ought to
be investigated. It ain't just like they
make out.' Allen had also stated
that they May tsnd Mrs. Hibbs) had
acted very cool when they came down
with the body"
j. g. SWEET WAS summoned as a wit
ness. He said he had also been a
member of the jury. He had been at
Aliens house with the other jurors.
He had not heard Allen express any
Iopfnion then. Explained that he had
been in another room when the state
ments Of Allen were claimed to have
been made. He was brother-in-law
LOT Allen. States Attorney Allen asked
the witness if he had not stated at the
office of the states attorney that Allen
would not be a competent juror. This
question was objected to. There was
no cross-exa1nination.
The challenge was then submitted
and allowed by the court. The defense
excepted to the RULING in the matter.
1T. w. Griffin was examined as a
prospective junior. He had an opinion.
founded on his acquaintance Of the de-
PENDANT. Might have said that it
would take a good deal to make him
FbelieEe the defendant guilty. Was
not certain If he had expressed an
opinion. Thought he could try the
case fairly on the evidence. Chal-
1enged for cause by the state and ex-
cused.
Thps. Cunningham had been ait the
preliminary examination and was ex-
cused.
Herbert Little had not taken out his
second papers and was excused.
Miles Mack claimed exemptions ON
account OF being over age.
3. E. Morris stated that he had no
opinion in the case and believed he
could try it fairly. He had not dis
cussed it with any person who had
claimed TO know the facts. Had not
been at the preliminary examination
or the coTsoner's inquest was being held,
but had gone Immediately out again
upon learning that an inquest was
being held. Had conscientious
scriples against capital punishhment
and was excused
Robert Walton had an opinion fav-
orable TO the defendant because of his
acquaintance with him. Thought, this
might influence his verdict. He was
excused.
Richard PenWantden had an opinion
in the case dihat might influence him
He was excused.
This afternoon q three occasions
Estates ATTORNEY Allen accepted the en-,
tire jury. The defense again exer
cised dts peremptories, -eNcusinf
Messrs. Irving. Washburn. Stewart ant
Hoge. The state afterward ~exercisei
pereunptories on John Bostrom ant
Farley. The jury had not been com
lInlnfnd Of y,,.nrs fiuna ff,Sr ai~ffnYnann #H