Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-12-16

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jection of three inches. She had seen
it ever since the cur'bing was put in.
It could have been seen from the top
of THE well. Did not remember if
there was "a bolt sticking out near the
jog Her attention was first called
to the jog when they first put the curb
ing down. Had not talked over the
matter of the jog recently, except with
her sister. Did not remember to have
talked with the defendants attorneys
about it. She might have done so.
Had had no talk with the states attor-
ney about it, as far as she could re-
member. Did not think she had had
a talk with the states attorney about
any OF the "details of the well.
Did not remember if she had held
the rope and kept the bucket away
when fishing for the body The calves
were in the southeast corner of the cor
raj ON the morning when she went out
to the we'll. This was the farthest
corner from the well. The calves were
looking toward the we'll y
May had never remarked to her as
to stains of blood or any other stains
on his trousers. Did not notice if
the blood ON the ground was fresh or
frozen, ais to whether it would make
stain If a man knelt in it.
"a. : = . y =. LIZ L. - ..
Her husband had written a letter ON
the might before he died. The letter
was dated the 18th, but written the
night of the 14th.
On cross-examination she was asked
about a diary her husband kept. A
diary was inta'oduced in evidence,
which she identified as her husband s..
The writing in it was her husbands.
Her attention was called to a writing
under date of january II, 13 and IA.
| The writing was her husbands. She
saw him write i'm it on the evening of
january IA. The diary was offered
and received in evidence. All of the
entries were read to the jury. Under
date of january II was an entry as
! follows: eve all went down to Jacob
| sons after my trunk. Maytie is sing
ing. JEFF May is here and has the
headache Under date OF Jan, 13 is
another entry, referring to nothing of
interest as having happened except that
| sMaytie had shot at a mark with a new
pistol and INIT it twice. y Under date
of January II lis the following entry:
.Maytie and | are going to Bismarck
tomorrow. wrote to Arthur True
today the diary ends abruptly
at this point.
Witness further told of a saw falling
on Mays hand, after the death of her
husband and drawing blood. She did
not remember if the rope was. fastened
at the corner Of the we'll nights, or if
1 that was ever. dome.
| Mrs Hibbs was further examined
this afternoon regar riding the injury to
May from the fall OF the saw. She
saw the saw fall and saw the blood or
Mays. hand. May took his handker-
chief out OF his pocket and wrapped
lit around his hand.
| J. B. Solthmhyd took the stand.
He resides at Helena Saw May at
the Ross ranch a year ago last fall.
/ Said there we're negotiations then
in progress between May, Ross and
Mrs. May regarding a settlement
Talked with May regarding the settle
ment. The defense objected to in
1 inquiries as to the terms of the settle
ment. Mr.. Allen said he desired the
testimony to lead up to a showing OF
4 motive The objection of the defense
was sustained.
/ Mr.. Allen then asked the witness il
May insisted upon any terms that re-
j quired a. separation from his wife
This WAS also objected to. The jury
was also excused in the argument ,oi
this matter. Mr.. Allen said the state
Intended to follow this up with testi
mony to show that in the negotiations
May, the defendant, would refuse tc
agree to settlement unless Mrs May
would get a divorce, on what grounds
he cared not. The defendant, wher
i this wtas refused, said i'm substance:
II suppose you don't want that because
you suppose I will go off with Mrs
4 Hibbs. The state, he thought
should be allowed to show the state 0,
mind of the defendant only a shor
i time before the death of Hfbbs
Mn Nye Thought II the states cas-
rested on such evidence as this, and
I the jury were allowed, to be influenced
1 by this kind of testimony, then there
would be no safety to the rights of {
a defendant charged with such crime
4 The state, he said, was building a no
tive upon a fiction pr. lima gination, no
competent in any criminal case. II i
applied to-any ill-feeling toward Hibbs